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Robert Lloyd Mauger Jr

Robert Mauger’s Answers

1,038 total


  • Is there a bully law protecting renters from landlords in Oregon?

    When ever our landlord wants to change the specifics of our original contract and she wants me to commit to it she sends her boyfriend to my house to talk to me about it, or call me when my husband isn't home to talk. It is rather intimidating an...

    Robert’s Answer

    If you don't want to sign something, don't sign it. If you don't want to talk to someone, hang up the phone or shut the door. Put your concerns in writing, including your request that the boyfriend not call or visit, as well as any agreements to change your rent payment dates. If you're on a month-to-month lease and your landlord wants to change the terms of your contract and you don't, then yes, your landlord can probably give you a no-cause termination notice. But if you're unhappy with your landlord and your living situation, that might be the best scenario anyway. If you get a termination notice or eviction notice, you should discuss the details and options available to you with your own attorney.

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  • What if the dates on the 72 hr notice i received on 5/18/15 doesn't match the date on the ones filed with the court on june 1st?

    received a 72hr residential eviction complaint on 5/18/15 (date on bottom left corner).....now i have received an eviction summons and noticed that the date on the original and 2 other copies (yellow and pink) do not match my copy. these say 6/1/1...

    Robert’s Answer

    I agree with Mr. Abbott and write only to add that I recently litigated this matter (Benton County) on behalf of a landlord whose tenant thought that the fact that the fact that copy they received had "True Copy" stamped on it while the one filed with the court would invalidate it. The tenant wouldn't get an attorney, agree to a payment plan, agree to a moveout plan, or otherwise settle, so we tried the case. And no, the judge did not think stamping something a copy made it not a copy. So now tenant has an eviction on her record and is losing her home. So while sometimes procedural defects make a legal difference, not all of them do, and knowing the difference between the two is why you ought to hire an attorney.

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  • My apartment complex pretends to fix broken stuff like my oven and the air conditioner without actually ever fixing it.

    My oven has been broken since I moved in and the air conditioner has been broken since last summer.

    Robert’s Answer

    Put it in writing and mail them or hand deliver them and keep copies, even when the landlord says that you don't need to. Put reminders in writing when more than a week passes. If more than a few weeks go by, or you're thinking about terminating your lease or withholding rent, talk with your own attorney first.

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  • If i don;t show up for my first eviction hearing...how long will i have before i have to move?

    my reason behind this is we go to court on the 9th, but a 5 day temp shut off came from PGE addressed to occupant as per the law requires. its due the 10th, our agreement with landlady was we pay rent she pays utilities....i don't think she will ...

    Robert’s Answer

    You don't make clear why you're going to court on the 9th, but if you have a court appearance, and you don't show up, only bad things can happen. The court should have waivers for filing fees which you might qualify for. Check with them before that date, because you'll need to file an answer the same day as your first appearance.

    If you don't show up the court will probably enter a judgment in favor of your landlords, and the sheriff can come out to remove you from the property in about 4 days. Having utilities is nice, but having a home is probably more important.

    I appreciate that funds are tight, but if you are the prevailing party in a landlord/tenant dispute, you can be awarded your attorney fees. For that reason, it's probably worth at least a consultation with your own attorney to see whether there are any defenses worth raising. If utilities are being shut off contrary to the contract, I would imagine you have at least some meritorious claims. But you're running out of time, so I'd set up a meeting with someone today.

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  • Can my landlord force me to get rid of my chickens?

    I have had chickens for about two years. My landlord has known about the chickens the entire time, as he was in the yard when I was building the coop. Now all of the sudden my neighbor is complaining about the noise the chickens make. The neighbor...

    Robert’s Answer

    I agree with attorney Minor and will add that even if it is a lease violation, if your landlord knew about it for more than 3 months, he's probably waived his or her right to terminate the lease for cause. But as already mentioned, that doesn't prevent your landlord from giving a no-cause termination notice if you're on a month-to-month lease, or not renewing your lease when it expires if you're on a term lease. If you can't make your landlord and/or neighbor happy--which may mean getting rid of your chickens--eventually you'll have to move.

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  • A motel took someones credit card ran the credit card blamed me said I took it. I was arrested then they found out the motel was

    I been a victim of a hate crime can I sue the motel

    Robert’s Answer

    I think you left some details out of your question. It just ends "the motel was..."

    That said, without more facts I'm not sure that I understand that you would have a cause of action against anyone. You might want to consult with your own attorney in more details about the facts, but if someone falsely accused you of a crime, you were arrested, and charges were later dropped, I don't see that as providing grounds for malicious prosecution. If the hotel itself detained you, you might have a claim for false arrest. Again, the details will be important, and to successfully sue anyone you're going to need an attorney. As for your claims about being a victim of a hate crime, there's really not enough details here to have any guess as to whether you can prevail on some form of discrimination claim.

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  • Can I sue former ex for back rent after she locked me into lease an moved out?

    My ex an I broke up. A week prior we had signed a new lease locking us into another year lease. She moved out in May and I recieved her paycheck to go towards the household bills. Since then I have gone through hardships in maintaining the rent by...

    Robert’s Answer

    I agree that you probably have a small claims case against your ex for her unpaid share of the rent less whatever your substitute roommate paid/pays you. The first step in any small claims dispute is to write a demand letter to your ex, explaining what she owes, why she owes, when you expect her to pay, and that you plan to file a small claim if it's not taken care of.

    However that doesn't change the fact that your landlord will continue to need you to pay rent and will issue the check to both of your names. The landlord's not responsible for your breakup and doesn't want to be drug into any dispute the two of you can't work out. If the property is too big for you to afford, and your landlord is understanding, you might be able to pay a lease break fee to move somewhere else.

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  • Can I accept a 30 day notice via email without a signature?

    I have a tenant who has moved and does not intend to come back and has sent a 30 day notice via email. The day he left and the day he sent the email are 11 days apart.

    Robert’s Answer

    Yes, you can accept a defective termination notice from your tenant, even though you can't give one. You should probably put it in writing to the tenant that you've received the notice and accepted it. If you're sure he's moved out, you can retake possession, but you will need to refund the prorated portion of any paid or prepaid rent from the time you rent the property out (or stop trying to rent it).

    For a more detailed answer and to discuss other potential pitfalls, you should consult with your own attorney. Good luck,

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  • I'm in the process of getting evicted my landlord gave me a 72 hour to pay or quit and then a court summons set for tomorrow

    But all the eviction paperwork has the wrong last name on it and doesn't have my girlfriends name on it either who is also on the lease and both of our first and last names are clearly stated on the original lease papers which I still have. He has...

    Robert’s Answer

    You've had at least ten days' notice that your landlord is trying to terminate your tenancy and you're just now looking for help? Only three pieces of advice that I'd feel comfortable giving you. 1) Move out of the place before your first appearance and show up to court to tell the judge that you're out, or 2) go speak with your own lawyer about whether any of your potential defenses have any merit, 3) offer some money to your landlord in exchange for agreeing to move back the move-out date and avoiding an eviction on your record. Regardless, if you can't afford to pay rent, at some point you will need to leave.

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  • How do we disclaim an inherited home in Oregon and let it go into foreclosure?

    The liens against my recently passed mothers home equal the value of the home in it's current condition. (Senior )Deferred Property taxes, USDA Rural development loan subsidies and in home medical care.

    Robert’s Answer

    Are there other assets? Rental income from the property? If not, then I don't see any reason to open a probate in the first place. If you are opening a probate, you should talk with a probate attorney. It's certainly possible to for the estate to abandon unproductive, valueless assets. As to whether it's advisable in this instance, you'd want to discuss the details further with your attorney.

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