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Gregory L Abbott

Gregory Abbott’s Answers

2,522 total


  • Can I move out with 13 days pending on an eviction notice with no prior notice.

    I was given a no cause eviction almost 3 months to the day after calling the city for help getting an electrician. During April for, two weeks, they also shut off my heat to my bedroom during structural work that was done, come to find out withou...

    Gregory’s Answer

    It is unclear what you want to know or even what the facts are here. If you have a no cause eviction notice, then if you are not out on time, the landlord can file an eviction action to force you out. If however, you leave before the date specified in the notice and you do so without providing at least 30 days advanced written notice, you may be on the hook for rent until the date in their notice.

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  • Is my landlord responsible for the yard waste he created?

    A few weeks ago my landlord came to my house and did some tree trimming on fairly short notice. I was okay with it initially, since the trees were encroaching on the road and probably should have been cut anyway. My issue is now that all the branc...

    Gregory’s Answer

    Who is responsible in your lease for yard maintenance? Normally that would be the person obligated to do the clean up. That said, yes, the place to start is a friendly conversation with your landlord and let him know your concerns. If this gets you nowhere, and the clean-up is his responsibility, then consider sending him written notice - yes, paper, envelope, and stamp, not email or text message - that his failure to clean up violates Oregon landlord-tenant law and demand that he fix the problem within 30 days. If he still fails to comply, talk with a local landlord-tenant attorney. Good luck.

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  • Is is legal in the state of Oregon to charge 1st months rent along with last month's rent and a security deposit?

    I just want to verify that it is within legal acceptability to charge 1st & last month's rent including a security deposit in the state of Oregon to new renters. Also, can pet owners be charged an additional $5-$10 per month in rent to house pets...

    Gregory’s Answer

    Yes, a landlord may require payment of first and last month's rent and a security deposit prior to renting to a new tenant. And yes, pet rent is lawful as is requiring a pet damage deposit. A pet fee, however, is not lawful and despite what many landlord's seem to think, there is no such thing as a "non-refundable pet deposit".

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  • Is it legal in the state of Oregon for a tenant to give 30 days notice via email

    The tenants have lived there for almost 2 years there was a one-year lease first then I believe it went to month to month automatically I raise the rent $100 The tenants have lived there for almost 2 years there was a one-year lease first then I ...

    Gregory’s Answer

    Understand that the only way to be sure what your rights are is for an attorney to read and review your lease. That said, email is not normally a lawful means of providing a 30 day notice and usually is, legally speaking, no different than providing no notice at all, though there can be exceptions depending upon the lease and the practices of the parties. Yes, they are entitled to a full 30 days advanced notice of a rent increase though what matters is not when they received it but rather when you served it (if by mail only, 33 days). Your posting reference to your slowly attending to repairs raises concerns - your obligation is to fix as fast as is reasonably possible, not only when it is convenient for you, and it may give them grounds for damages from you, depending upon the details. Your reference to NSF fees is unclear but if you incurred them due to the tenant's check(s) being returned, you likely are entitled to recover them plus damages. Just so you know, it is normally a very bad policy for the landlord to accept partial rent payments - it should be all or none and if none, issue a 72 hr. notice after being 8 days late and evict if need be. They should never be allowed to go 3 months without paying in full. All in all, consider reviewing everything with a landlord-tenant attorney to protect yourself - this has the sound of being a troublesome end of tenancy. Good luck.

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  • What can creditor do ?

    i have a judgment lien on my house but the court order states creditor acts not to take action against money judgment as long as payments are current (which they are)....what happens if i want to sell house with equity. And can I go directly to th...

    Gregory’s Answer

    It sounds as if the creditor has gone to the court seeking permission to foreclose on your home to pay their Judgment and the court denied the foreclosure action as long as you are timely in a payment plan. Obviously, the Judge rules and whatever terms he/she has set will govern BUT normally if you sell the house, you have to pay the creditor off in full as part of the sales transaction. I would be very surprised if anything the Judge did varies this result. Your house is the only collateral the creditor has to secure their Judgment and if the house is being sold, you have to be able to convey clear Title, meaning you have to remove the creditor's lien and the only way to do that is to pay them off in full or secure their voluntary agreement which is highly unlikely. Why would they voluntarily give up their only collateral and leverage if you stop making timely payments?

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  • Question About Social Security

    I'm an adult and I pay my mother monthly to live in her house. She is about to start collecting social security, but she is concerned that my monthly payment will affect her eligibility. She wants me to start paying cash. If we do this and she ...

    Gregory’s Answer

    Her actions are not questionable - they are outright illegal and criminal. Period. If you make any false disclosures, statements, or other form of information to the government, you could also be on the hook. Just paying her in cash likely does not incriminate you though I suppose someone could make some sort of conspiracy argument. IF you pay in cash for the known purpose of assisting her fraud, that IS likely to render you liable to criminal prosecution as well. Regardless, you should always get a receipt if you pay cash (it is the ONLY way to protect yourself) and that in turn, could be used to help convict your mother of fraud. One assumes that at her age, she would prefer to not go to jail or to be penalized by having her benefits reduced or withheld to pay back amounts she fraudulently received. All the way around, this is a BAD idea and neither one of you should agree to participate in it.

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  • Oregon landlord rights, evicting a tenant and seeking reimbursement for damages.

    For a few years now I have rented my grandparents house to the same tenants. Living 4 hours away prevents me from inspecting the house myself but have employed a property management company. Recently had a real estate agent inspect the house in o...

    Gregory’s Answer

    It is not possible to tell you anything definitive without reviewing the lease and understanding in detail what damages, and supporting proof, exists. That said, yes, you have to go through the eviction process, with providing the tenant with properly worded notice and, if they fail to vacate, then file for eviction in the local Circuit Court. It will likely also be important to know what your property manager has known about the damages and/or lease violations - it could affect your eviction rights and procedures. While their actions may have violated the lease terms, it would not affect their rights. All in all, you need to simply review all the details with an Oregon landlord-tenant attorney to see what exact procedures you need to follow to get the tenants out and recover your damages. Good luck.

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  • Can the police throw me out?

    I recently moved to Illinois and moved into my girlfriend's house.Recently we had an argument and she threatened to call the police and have me thrown out of the house. Although I am not on the title to the house, I have personal belongings here, ...

    Gregory’s Answer

    If you have lived there for 2 months, it is highly unlikely the police would throw you out without your having gone through the court process, be it an eviction or an ejectment action. Make no mistake, your girlfriend can get rid of you from her house but she must go through the court process, giving you proper notice and opportunity for your day in court before being forced out. You may well want to vacate short of being evicted or ejected, however, since having either on your record can make it difficult to get a future landlord to rent to you. All in all, you would be best negotiating a realistic time frame with your girlfriend for you to move elsewhere - it removes her threat to, and control over, your living quarters and preserves your ability to rent elsewhere. Good luck.

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  • We moved into our apartment and the place reeks of paint fumes to the point it isn't possible to stay there.

    Do paint fumes make a dwelling considered uninhabitable? Our move in day was six days ago and the apartment still reeks. What compensation should we ask for considering the place wasn't ready on our move in date and still doesn't seem ready despit...

    Gregory’s Answer

    While not expressly stated as a condition rendering a dwelling to have a habitability violation in ORS 90.320, I think it likely a court would uphold it as being such, assuming the fumes are strong enough to be material. Assuming that is accurate, you are arguably entitled to a reduction in rent (up to all of it if it means you cannot stay there) and/or possibly the right to break your lease penalty free or even the right to live elsewhere at the landlord's expense, again all depending upon the extent of the problem and if you have jumped through the required notice to the landlord provisions. One could even argue you have been constructively evicted, entitling you to additional monetary penalties. So you may have a variety of options for remedies, depending upon what you want and the extent of the actual problem. All in all, you may wish to review it all with a local landlord-tenant attorney to explore your exact options and how best to enforce them. Good luck.

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  • I am in need of my trust, for health and living conditions, left in trust thru my mother by my grandfather. I want my trust.

    Grandfather provided for me; health, education, living, a (home). My mother is trustee to the estate. She holds the keys to the fortune. Can I get the court to open my share, to me, by my grandfather.

    Gregory’s Answer

    • Selected as best answer

    Ms. Gruber is absolutely right - the trust document itself will most likely govern. Your grandfather could have set it up in a variety of ways so take it to a local attorney if you want to know your rights and options. While the trustee often has some discretion in administering the trust, they also must obey the terms of the trust and are not normally allowed to alter them. Good luck.

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