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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

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  • What kind of attorney would my dad hire to take possession of his property, or at least force a sale, for a life estate?

    Life estate- My Grandma provided a will- stating an uncle will live on her property until his death. She assigned my father as a remainderman. The Uncle has died and his family seems to be unaware of the terms of the will. I believe my father is ...

    Robert’s Answer

    Your father should probably talk to someone who practices in probate or real estate, or ideally both. A lot of estates get settled "informally" without having ever been opened with the courts. Without knowing the details of what's actually happened, it's hard to guess what needs to happen next. Good luck.

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  • What are my legal rights as far as being there? He is continually threatening us.

    I rented a space for my motorhome on someones property and later found out he doesn't have a permit to have rv's there. He has turned off our power and water

    Robert’s Answer

    You are likely entitled to at least two months' rent plus your attorney fees, and perhaps reinstatement of your lease. Contact your own attorney immediately.

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  • Are there any laws preventing showing preferential treatment to minorities in selling a house? Any agencies to help enable it?

    I plan on moving south for health reasons. I think it might be the right thing to do to sell my house to a minority buyer.

    Robert’s Answer

    • Selected as best answer

    Generally the Fair Housing Act does not allow for preferential treatment based upon race, whether or not that discrimination is preferential to historically underrepresented groups (so called "reverse discrimination"). You may want to look to list your property in publications that are more likely to be read by minority groups, but you cannot explicitly include a preference in advertising or offer the sale or terms based upon race.

    I would recommend contacting the Fair Housing Council of Oregon, http://www.fhco.org, a nonprofit organization who might be able to better help you find ways to reach minority buyers while understanding and respecting the legal limitations. Good luck.

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  • What can I do to get him out so I can stay? Or what can I do to to take action towards his behavior?

    I've been threatened verbally by my roommate, I am a female and he is male. We have been friends for years, he is in online college classes and works a part time job, I work in retail with hourly and commission. With in the last 2 months he has ma...

    Robert’s Answer

    I'm sorry you're in this position and wish you luck in this difficult situation, but I'm a bit skeptical that the law will help you here. Assuming you're both on the lease, you will both continue to owe rent until the tenancy is terminated by you and your roommate or by your landlord. Your housemate's actions, although deplorable, don't yet sound like the types of physical threats necessary to pursue a stalking order, but you might want to review the information on your county's website or contact your own attorney or the sheriff's office. http://courts.oregon.gov/Marion/MaterialsAndResources/pages/restrainingordersindex.aspx
    Otherwise, if the two of you and your landlord can't cooperate with what to do with your lease, it sounds like you may be stuck with a lousy roommate until your lease ends. You might want to discuss with your own attorney other possible solutions. Good luck.

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  • Can I do any thing that will stop me from having to move the stress is effecting my health dramatically? ?

    I am 75 years old and have been living in my own trailer in a rev park for 5 years rent is always paid on time now I just got a 60 day no cause eviction notice I have no way to move my trailer or no place to move it what can I do do i have any rig...

    Robert’s Answer

    Generally, if you own the trailer and rent the land, your landlord cannot give you a no cause termination notice if it's in a facility and if it's not in a facility, needs to give at least 180 days written notice. There may be exceptions. You should consult with your own local attorney to discuss the specifics of your notice and tenancy. If your landlord attempts to evict you, and you win, your landlord will have to pay your attorney fees.

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  • Do I have to sign a NDA that was provided to me AFTER I completed work?

    I'm a sole proprietor who completed custom work for a company and delivered it to them today. They paid my invoice today, and then about an hour later emailed a NDA for me to sign. I have done work for them one other time in the last couple of wee...

    Robert’s Answer

    Contracts are (at least in theory) voluntary agreements. You don't have to sign anything. And if you have the money, there's likely no real upside to signing an NDA now. Of course, if you're planning to go back to work for them, you might decide as a business decision that relative cost of waiving any rights under the NDA isn't as great as annoying a potential future client, and sign it anyway. As for the legal effect of the particular NDA you were handed, you would need to discuss the details with your own attorney.

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  • Breaking a year lease, is tenant required to pay rent in full until new tenant is found or only 1.5 mo as contract fee states?

    I have had tenants in my rental for 29 months, all yearly lease. Recently got a call saying they wanted to break lease due to getting a new job. Not military, no home issues and not Domestic violence. Lease expires Sept 2016.I used a legal lease d...

    Robert’s Answer

    I'd agree that with the other posters that the exact lease language may settle the question as to which remedy or remedies are available. What is clear, is that you can only pick one remedy, charging the fee or continuing to charge rent. If you continue charging rent, you can only charge for rent as it comes due and you can only continue charging rent until the property is rented and after the abandonment you must make "...reasonable efforts to mitigate the landlord’s damages by attempting to rent the dwelling unit to a new tenant..." ORS 90.148. Obviously, if you're going to keep charging rent, you'll need to know how to collect the rent from the old tenants, which might mean making sure you have a forwarding address, or enough personal information to turn the matter over to collections.
    As it's drafted, it seems unclear to me when you need to make a determination as to whether to assess the flat fee or continue charging rent. I would think to quell any debate, you'd be safest making the decision as near the end of the tenancy, rather than waiting to see which path is more favorable. It's probably best to decide and include it in the accounting before the expiration of the 31-day period for returning deposits. 90.300. Good luck.

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  • State of Oregon laws on co-ownership of house if not married

    I am 50% owner of a house in Portland, OR. I bought it along with my partner this past August and he is also 50% owner. We are splitting up, and a friend informed me that I should look into any legal issues regarding my stake in the house if I c...

    Robert’s Answer

    It would make sense to have some formalized agreement in place as to what will happen after you move out. Will your partner be paying you rent? Will he or she be buying out your interest? Is there a mortgage? Who will pay it? Will that be debited against your share if the property sells? Will your partner be buying you out? For the value of the property now, when you bought it, or it's value at some later date? Who will be responsible for paying taxes? What will happen if it goes into foreclosure? What if you later change your mind and want to move back in?

    These are just a few issues off the top of my head that you might want resolved now so you're not fighting about them later. It's not that you *need* to sort all of these issues out before you move, but if you're splitting up semi-amicably now, it might be easier to make those decisions now rather than to fight about what was intended later. Also, while you're still living there, you might have some leverage to get him or her to agree to sign off on a move out plan. Obviously, it's best to be represented by your own attorney in the transaction, or to have an attorney or mediator help draft or review your agreement.

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  • Do I need to serve a 30 day eviction, is this necessary... Do new rules require a 60 day. No contract, no rent is ever paid

    State of Oregon, I have an adult child, pays no rent, has lived with me about 3 years and I want to have this child out of my home. Do I need to serve a 30 day eviction.

    Robert’s Answer

    It sounds like because you have no agreement that the child pays rent and your child has lived there under the oral lease agreement that you will need to provide a 60-day written termination notice. You should hand deliver the notice and retain a copy for your files. If at the expiration of the notice your child still has not moved out, you may need to begin the eviction process.

    If you believe that eviction will be necessary, you will want to consult with your own attorney--perhaps now, to avoid making any mistakes in the notice. Mistakes in the notice or the eviction process can allow your "tenant" to stay in the property, force you to file a new notice, and result in you paying his or her attorney fees.

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  • How do i go about removing a lodger from my home, who has done nothing but create conflict within household.

    Hello, a little over a year ago agreed to help someone out by renting her a room with the stipulation that the room was only available to her until my family showed up. (they were moving here from Missouri). My lodger had not found other arrangeme...

    Robert’s Answer

    I'm sorry you're in this situation, but I agree with Mr. Parks. You've decided to become a landlord. This is a professional business relationship and a binding contract that you've entered into that provides housing, a fairly essential service, to your tenants. The law won't help you here. You don't just get to change your mind because you don't like your tenants any more. Even if they are jerks, them being jerks doesn't allow you to breach their lease agreement. If it's important to you to get them to leave early, you should probably offer them enough money that they'll agree to terminate their lease early (of course they can always say no), document the agreement in writing this time, and move on. If you can't resolve it yourself, contact your own attorney, but don't expect any easy or quick answers.

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