Kenneth Stephen Mitchell-Phillips’s Answers

Kenneth Stephen Mitchell-Phillips

Portland Litigation Lawyer.

Contributor Level 9
  1. Do I have to pay last months rent?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Robert Lloyd Mauger Jr
    3. Robert J Adams Jr.
    3 lawyer answers

    With these limited facts it is hard to be certain. However, provided there is nothing in your lease agreement to the contrary, if you have already paid for your last months rent you should not have to pay last months rent again. There might be other considerations you need to think about in you lease such as was there a security deposit and how you are supposed to give your 30 day notice. You should consider a half hour or hour consultation with the lawyer to make sure you understand all of...

    5 lawyers agreed with this answer

  2. Can I give a my warehouse renter a 72 hour notice for non-payment of rent?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Charles Andrew Hillestad
    2 lawyer answers

    That depends on the terms and conditions of your lease agreement. Commercial Leases are very much different than residential leases. Whereas a 72-hour notice may be applicable to a residential lease it is not applicable to a commercial lease. So, if you truly have a commercial lease than how and when you can evict your commercial tenant is based on your lease agreement. You may want to contact an attorney to help you in this process as there may be applicable laws and regulations that apply...

    4 lawyers agreed with this answer

  3. MY SON IS IN PRISON. HIS WIFE RECENTLY DIED. I HAVE HIS POWER OF ATTORNEY TO DEAL WITH HER BILLS ETC. BANK WON'T HONOR

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Conrad G Hutterli
    3. Alan James Brinkmeier
    3 lawyer answers

    Banks and financial institutions regularly refuse to honor powers of attorney or institute unnecessary roadblocks to legally valid powers of attorney. There is really no legal requirement that they accept a power of attorney. However, I would find out exactly why they will not accept it. Sometimes, they have their own form they want you to use. If they do, you can take it to you son and have him sign it. If you can't get the answer, I would work up the chain of command. If that doesn't...

    4 lawyers agreed with this answer

  4. I live in Oregon - Can the users of an easement fill in potholes over an easement without the owner's permission?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Joanne Reisman
    2 lawyer answers

    I agree with my colleague, a lot would depend on the language of the easement as well as history of the use and maintenance of the easement. Typically, without any language or contrary intent, users of an easement should be able to provide reasonable repairs to maintain the use and enjoyment of the easement. I would try to find out the reason the owner is refusing and try to come to a compromise that takes into account the easement users and the owner. Otherwise, you may have some rights but...

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  5. What is stature of litigation for real property?

    Answered 4 months ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Joanne Reisman
    3. Matthew C McKean
    3 lawyer answers

    First, I think you are referring to the Statute of Limitations rather than the Statute of Litigation. Second, I think you may be referring to the Law of Adverse Possession which generally provides that you can acquire certain property if you take possession of that property in a way that conflicts with the true owners rights for the statutory period of time which is typically 10 years but may vary depending on the jurisdiction. Unfortunately, I think this law may work against you in this case...

    3 lawyers agreed with this answer

  6. Does tampering with an electrical panel, adding a heavy wire and many outlets, constitute outrages and dangerous behavior?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Gregory L Abbott
    3. Robert Jason De Groot
    4. Harry Edward Hudson Jr
    4 lawyer answers

    Most likely not, but it is possible. ORS 90.400(3)(e) provides that acts that are “outrageous in the extreme” include prostitution, drug manufacturing, intimidation, and burglary. Although this list is not exhaustive, the list seems to indicate to me "intentional and illegal" behaviour. Accordingly, you may need to prove that his behaviour was intentional and/or illegal. If you can find evidence that shows he is not a legal grower, I think you should be able to prove outrageous and...

    3 lawyers agreed with this answer

  7. Is the purpose of a tolling agreement to extend the time to make a claim against the estate only?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Diane L Gruber
    3. Paul Rutledge Durr III
    3 lawyer answers

    I would need more facts to fully answer your question. However, a tolling agreement is typically an agreement to waive a right to a claim that litigation should be dismissed due to the expiration of a statute of limitations. In the area of estates, I imagine a tolling agreement would be used to preserve someones claims against the estate even if the statute of limitations has run.

    3 lawyers agreed with this answer

  8. I need my tenant to move out in less than 30 days, will an agreement to early lease termination be enough paperwork?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Kevin Elliott Parks
    3. Robert Lloyd Mauger Jr
    3 lawyer answers

    I would do two things to protection yourself. First, I would make sure you have a very good agreement that gives you adequate protection in case the tenant doesn't abide the agreement or changes his or her mind (I suspect you may need an attorney for this). Second, I would initiate the eviction process. You can't contract away the tenants rights under Oregon's Landlord Tenant Act so you should protect yourself in case the tenant doesn't abide by the agreement. I would seriously get an...

    3 lawyers agreed with this answer

  9. Can a company debit my bank account without my authorization for non-payment of a recurring monthly bill?

    Answered about 1 year ago.

    1. Kenneth Stephen Mitchell-Phillips
    2. Sean M Neary
    2 lawyer answers

    No, a company cannot debit your bank account without authorization. However, I would first check to make sure that you did not unintentionally give your consent to debit your bank account on any initial or subsequent agreement that you entered into with the Alarm Company. If you didn't sign an authorization and you are sure that you didn't give any verbal authorization over the phone then the company maybe in violation of several laws. From a practical standpoint, I would contact them...

    3 lawyers agreed with this answer

  10. Does a 5 year commercial lease in Oregon need to be notarized?

    Answered about 1 year ago.

    1. Jay Bodzin
    2. Gregory L Abbott
    3. Kenneth Stephen Mitchell-Phillips
    4. Benjamin M Kearney
    4 lawyer answers

    Although in Washington, any lease, residential or non-residential, that lasts for over a year, should be notarized, it is not necessary in Oregon. In Washington, the actual requirement is that the landlord's signature must be acknowledged (notarized) in the same manner as a seller's signature on a deed. The reason is that a lease longer than a year in Washington is thought to be similar to a deed which does need to be notarized. Many other states also don't have a notary requirement but do...

    3 lawyers agreed with this answer

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