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Robert Lloyd Mauger Jr

Robert Mauger’s Answers

1,038 total


  • On a 13 day room rental, tenant changed mind 2n day. Do I have to refund unused days if they decide to leave?

    Someone came to me in dire need of a temporary stay in one of my bedrooms. I went out of my way with much hassle to clear the room out for this person and prepare it with less than 24 hours notice of needing it! I made up a 13 day basic tenant con...

    Robert’s Answer

    If it's a term lease and the tenant is vacating without cause, then I don't see any reason to refund rent for time that the tenant wasn't there. Ordinarily, you'd need to show that you were attempting to mitigate your damages by making reasonable efforts to re-lease the room, but since this seems a pretty short time period and unusual lease, I'm skeptical that would apply. That said, if your former tenant brings a claim against you for damages, you should probably consult with your own attorney.

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  • 72 hr notice. Paid two partial payments still an eviction?

    My ex left me with a lease alone and I have made two partial payments to my landlord (house not apartment), and he served me with a 72 hour eviction notice. Prior to this my landlord had been sending texts/calling me offering me sexual trade to wa...

    Robert’s Answer

    Offers to trade sex for rent by text message was a huge mistake by your landlord. You should contact your own attorney or the Fair Housing Council of Oregon (link below). If your landlord files a claim for eviction (an FED) with the court, you should contact your own attorney immediately. Whether you terminate your lease or stay is a strategic decision that you should probably discuss more thoroughly with your own attorney.

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  • Can a landlord give me a 10 day notice to vacate an apt. just because of one small violation?

    the details are, a friend of mine stopped by to have a couple of beers, and his girlfriend stopped by on her way home to talk to him. she had her three little dogs with her and she stayed no more than 10 minutes before to started to go home. the l...

    Robert’s Answer

    Telling you that she could give you a notice is not itself a notice. My guess is that the point your landlord wanted to get through to you is to not have dogs. But with no actual notice, you're in no risk of losing your place. As Mr. Abbott stated, even if she did give you a notice, all you'd have to do is get rid of the dogs within 10 days, which it sounds like you've already done. Continue to abide by your lease, including the policy on pets, and things will go fine.

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  • I need to add a personal representative solely for the purpose of selling the decedents property

    The estate filed an affadavit of small estate, but the title company (due to information from an outside source that breached confidentiality) has determined that the executor is not eligible to be the rep for the sale. Can he assign someone else...

    Robert’s Answer

    It sounds like (from the additional information you've provided to those who have answered) that the title company says that the affiant isn't able to sell the property because there's a conflict of interest between the PR and the buyer (perhaps PR is selling to a family member or business partner or something). You can certainly ask the title company if there's some security you can provide (perhaps getting all the heirs, beneficiaries to agree to the sale) short of opening a full probate. But if the title company isn't going to insure the agreement, then it looks like you'll need to open a probate. And to do that, you really need to hire an attorney.

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  • How long do I have in the state of Oregon to be in a house if they evict me?

    My mother inlaw and father in law had a house built for my husband and I to take care of them. We have done that since 2007. They left the house to us in their living trust. My father in law passed away in 2008. We have been taking care of my moth...

    Robert’s Answer

    Eviction is a legal process, which takes around 1 to 3 weeks (depending on a lot of factors). It can't start until you've received a termination notice, which probably needs to give you another 60 days. Plenty of time to meet with your attorney, which is the next step you should be taking given this situation. Good luck.

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  • Can a seller of property get me for abandedment after I went to jail

    I went to jail and seller of property is trying to retake my property

    Robert’s Answer

    Abandonment of personal property, even if that's what you did here, doesn't give the seller of property any rights to it. If you're talking about a lease agreement, then you might have other issues. There's really not enough information here and you need to discuss the specifics with your own attorney.

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  • I have a buyer seller agreement and went to jail...the seller went in after I paid the rent and took all possessions of mine

    Needing to know my rights and how to keep my property

    Robert’s Answer

    You need to hire an attorney. Especially if you're in custody and can't deal with the other party in person.

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  • Can a seller take back property on my property after going to jail

    Was sold property and seller is trying to get me for abandenment

    Robert’s Answer

    Personal property or real property? Probably no they can't take it back in either case, but if something's been taken from you, you're really going to need your own attorney to deal with it. Advice isn't going to help.

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  • Rental agreement/termination for breach of contract

    Tenant continually, late. Has broken all responsibilities as agreed upon in month to month contract. Paid first and last. Giving notice to end contract. Do I have to give her 30 days notice or being she has still not paid her rent can I legally ki...

    Robert’s Answer

    If tenant is now current on rent you need to give her 30 days' notice, or 60 days if she's been there more than a year. If she's behind on rent, you can give 72 hours' notice to pay rent or leave.

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  • I have a lease with my tenants that wasn't signed or dated by the landlord. Is this lease still valid?

    There is a lot of contradictory information out there. My soon to be ex husband moved these tenants in the house and did not sign the lease. Does this then revert it to a month to month lease where I can give them 30 days to vacate. They have cons...

    Robert’s Answer

    If they've been paying rent and someone has been accepting rent, they certainly have a tenancy. I would think that the fact that the lease hasn't been signed by the landlord might get you some traction in saying there's no agreement to a term lease. But regardless, the landlord needs to send termination notices and if necessary follow up and evict. It's not quite clear what your status is with your future-ex, with regards to who can manage the property or what would happen if you disagree about the management of property that you co-own. Preparing and sending notices requires following the landlord-tenant acts precisely, or otherwise you can end up wasting valuable time not getting your tenants out and paying your tenant's court costs and attorney fees. For that reason, plus a few additional wrinkles involved with your husband, it's best to at least consult with an attorney.

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