Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 16
  1. If I had a subtenent without permission do they legally owe me rent money?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Troy Austin Pickard
    2 lawyer answers

    Did you have a written agreement that he pay rent? If so, and he obtained the benefit of the rental agreement, I would expect that you would have the right to collect the unpaid rent, even though you may have been in breach of your agreement with your landlord. That said, small claims court can be a bit chaotic and judges can be more arbitrary than usual. Their decision is final, so there's always some risk that the judge doesn't see things your way.

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  2. Deficiency judgement on rental house

    Answered almost 3 years ago.

    1. Robert Lloyd Mauger Jr
    2. J Christopher Minor
    3. Maxwell Charles Livingston
    3 lawyer answers

    In Oregon, "'Residential trust deed' means a trust deed on property upon which are situated four or fewer residential units, one of which the grantor, the grantor’s spouse or the grantor’s minor or dependent child occupies as a principal residence at the time a trust deed foreclosure is commenced." However, statutory language is soon going into effect changing the time of determining whether it's a RTD to the time when a client goes into default, not when foreclosure is commenced. It might...

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  3. How many days can I stay in my fiancees house that we both lived in after he passes? How does his family evict me?

    Answered 5 months ago.

    1. Robert Lloyd Mauger Jr
    2. Sarah M Hays
    2 lawyer answers

    If they are giving you a notice without cause and you've resided there for more than a year, they likely have to give you at least 60 days' written notice. That said, if a sheriff has served you with eviction papers, you need to hire your own attorney and show up to any court appearances.

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  4. Do I get to keep my fiancees and my things from inside our house afyer he passed

    Answered 5 months ago.

    1. Robert Lloyd Mauger Jr
    2. Nathan J Ratliff
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    Between the other questions you've asked, this sounds like a real battle, for which you should hire your own attorney. I'm not sure how you know which things are "ours" and which were "his" but if they're using force to get into your home and get their way, you should probably meet with an attorney sooner rather than later. Even if I could tell you "yes, you're right" (and frankly, there aren't enough facts here to have any guess) it likely will not do you any good unless you have your own advocate.

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  5. What can be done in response to an illegal/illegitimate eviction?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Marcel Gesmundo
    2 lawyer answers

    Go talk with an attorney, quickly. You're likely entitled to at least 2 months' rent (however defined) plus attorney fees. A phone call and demand letter from an attorney might be quicker and more useful than anything than anything you can file with the court.

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  6. Can we be evicted for nonpayment of rent after giving 30 day notice to vacate

    Answered about 1 month ago.

    1. Robert Lloyd Mauger Jr
    2. Jordon Huppert
    3. Sarah M Hays
    4. Gregory L Abbott
    4 lawyer answers

    If you don't pay rent, your landlord can give you a 72-hour notice terminating your tenancy. After the notice expires, your landlord can then start the eviction process. Just because you gave a 30 day notice doesn't mean that your landlord isn't entitled to keep collecting rent. Running out of money, no matter how good of a reason, isn't a defense to a 72-hour notice. You might have to move up your move out plans or work with your landlord to make at least a partial payment.

    6 lawyers agreed with this answer

  7. How does a summons get verified if I deliver the summons myself?

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Kevin Elliott Parks
    3. Joanne Reisman
    4. Yunus M. Paisner
    4 lawyer answers

    You can't. You need to get someone else to serve it. See Oregon Rules of Civil Procedure Rule 7 regarding summons. Specifically how to serve someone and how to prove it to the court is in Rule 7 D. And as for who can serve someone, see Rule 7 E, which says that service can be made "by any competent person 18 years of age or older... and is not a party to the action..." This excludes you. Assuming you've filed a small claims complaint, you can also serve her by certified mail (if she has an...

    6 lawyers agreed with this answer

  8. Can a landlord specify a time on a 72 hour notice. I thought as long as it was paid by 11:59pm on the due date everything woul

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Marcel Gesmundo
    3. Shawn B Alexander
    3 lawyer answers

    If it was hand delivered, then you need to pay within 72 actual hours. If it was posted and mailed, then 72 hours from 11:59pm from the date of posting. ORS 90.160.

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  9. IS IT MY constitutional right to confront AN ACCUSER?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Robert H. Hanaford
    3. Thomas J. Wagner
    4. D K Kevin Dugan
    5. Robert Jason De Groot
    5 lawyer answers

    The confrontation clause of the 6th amendment, "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him" applies only to criminal prosecution. While you are entitled to certain due process in an SSDI hearing, I think this question may be better put to that field of law than "constitutional" so I'm editing the practice area.

    6 lawyers agreed with this answer

  10. Does my landlord have to pay for a hotel?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Marcel Gesmundo
    2 lawyer answers

    Probably, but you will want to make sure you're giving proper written notice, sufficient time to complete repairs, and finding "comparable" substitute housing as best you're able. See ORS 90.365, link below. Of course, if the damages were caused by your negligent or deliberate acts (e.g. putting something down the toilet that you shouldn't), your ability to collect damages might be limited. Obviously a lot of this is subjective, so keep good receipts, notes, and copies of all notices to your...

    6 lawyers agreed with this answer