Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 15
  1. If I had a subtenent without permission do they legally owe me rent money?

    Answered about 1 year 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 about 2 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. What can be done in response to an illegal/illegitimate eviction?

    Answered 9 months 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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  4. How does a summons get verified if I deliver the summons myself?

    Answered 6 months 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

  5. 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 6 months 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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  6. IS IT MY constitutional right to confront AN ACCUSER?

    Answered 8 months 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

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

    Answered 8 months 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...

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  8. Someone has information that I want the court to hear, but they refuse to help at all. Can I subpoena them?

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Rixon Charles Rafter III
    3. Robert M Lorey
    4. Malosack Berjis
    4 lawyer answers

    You generally cannot subpoena an expert simply because they're an expert (rather than being a witness to an event). You would instead *hire* them as an expert witness. It may be that they would be willing to volunteer, either because they're supportive of your cause or would like the exposure. But without more details, I see no way you can simply force this person to testify on your behalf. Perhaps it might help if you gave us a hint as to what your case is about. But whatever the matter,...

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  9. Does my landlord have to provide doors for all bedrooms and bathrooms?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Michael J Ross
    3. Troy Austin Pickard
    3 lawyer answers

    I think the short answer is probably no, a landlord who doesn't provide interior doors isn't breaking any law. That said, if it was part of the deal you bargained for, you might have a contract remedy--although it would be better if you had it in writing. Of course, the tenant's ultimate remedy when they landlord isn't living up to expectations or reason is to give the proper notice and to move.

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  10. I was served a "termination with cause" form that states I violated terms within the contract that are questionably legal.

    Answered over 1 year ago.

    1. Michael J Ross
    2. Robert Lloyd Mauger Jr
    3. Marcel Gesmundo
    3 lawyer answers

    A termination for cause must give 14 days to cure. The simple thing to do would be to tell the guest that he or she needs to leave or get added to the lease agreement during the 14 day window. If the termination doesn't give an opportunity to cure, then it is probably invalid and you cannot be evicted because of it. However, it would be worth hiring an attorney to review your case and to represent you. Of course, if you're in ongoing violation of your lease agreement, it's probably only a...

    6 lawyers agreed with this answer