Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 15
  1. I got a 72 hour notice. How long do I really have?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Jordon Huppert
    2 lawyer answers

    You have 72 hours from midnight on the night that you received the notice to pay the rent as stated on the notice, otherwise your landlord may file for eviction. If you've paid the rent, the landlord cannot proceed on the eviction. A security deposit is not rent and cannot be applied as rent to defeat a 72 hour notice.

    5 lawyers agreed with this answer

  2. How do I report a slumlord & am I stuck moving into this apartment?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Bryan M Donahue
    2 lawyer answers

    If you've taken possession, you're probably best to try to make it work out. Look at ORS 90.320 (link below) and write down a list of everything that was wrong when you moved in to the apartment that fits the legal definition of uninhabitable. Ugly and dirty don't quite cut it--vermin and filth would. *In writing*, inform the landlord that you want a rent reduction of __% plus those problems fixed within 30 days or you will terminate the lease and sue for damages. 20 days later, if it's not...

    5 lawyers agreed with this answer

  3. How can I evict the other person on the lease if he/she is threatening and/or harassing me?

    Answered 8 months ago.

    1. Robert Lloyd Mauger Jr
    2. Cheryl Rivera Smith
    2 lawyer answers

    You cannot evict a co-tenant. You can terminate your lease with your landlord and start a new lease (either in the same place or somewhere else). Because you were the victim of a crime you may terminate your lease with 14 days notice. ORS 90.453 instead of the ordinary 30 days for a month-to-month or the remainder of your lease term. Or, as mentioned, you can get a restraining order against your co-tenant. If you're planning on getting a restraining order against a housemate, you should discuss...

    Selected as best answer

  4. Sheriff Sales vs Trustee Sales Foreclosure Auctions

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Cheryl Rivera Smith
    2 lawyer answers

    There is no right of redemption with respect to a trustee's sale for anyone who was given proper notice. Preferred by whom? Assuming you're looking to purchase a property at a foreclosure sale, it would be much easier to talk with an attorney about the specific purchase and potential risks. If you think it's a good idea to simply walk into a foreclosure sale and purchase property without some serious due diligence and the ability to handle some risk, you're setting yourself up for trouble.

    Selected as best answer

  5. How should I price the initial shares of a startup?

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Robert John Murillo
    3. Eric J Camm
    3 lawyer answers

    As has been said by everyone else, if you're planning to start a multi-owner business (especially with different amounts of capital contributions) and you're hoping to not hire an attorney, this is a bad idea. Valuation is just one concern. In fact, if there are different contributions from each member, it's probably best for each of you to have an attorney. One thousand or so on the front end when everyone is happy is well worth avoiding tens of thousands on the back end when trying to divide...

    Selected as best answer

  6. I have been a tenant at my residence for 13-14 years. I have never had a rental contract. The property owner has collected .

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Michael Aaron Shurtleff
    2 lawyer answers

    To add to Mr. Shurtleff's helpful response, if a landlord/property management accepts rent before giving a 72-hour notice, they cannot terminate the tenancy for nonpayment for that month unless at the time you made a payment you agreed to make a full payment by a specific time and that time has now passed. ORS 90.417(4)(a)(A). A written lease is always advisable, but it is not necessary to form a tenancy. Always put demands for repairs in writing, if you haven't already.

    Selected as best answer

  7. My mom is in Hospice, EOL. I have both a POA and am the executor of her living trust. Shouls I liquidate funds now or wait?

    Answered 4 months ago.

    1. Matthew C McKean
    2. Robert Lloyd Mauger Jr
    3. Robert Miller
    4. Christopher Keusink
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    Generally, no you can't distribute funds to yourself or do anything with your mother's money while she is alive other than spend or invest it for her benefit. There are too many follow up questions necessary and getting advice specific to your situation is what people hire attorneys for. It's certainly not possible for an attorney to guess at how good of a job you'll do handing this matter by yourself. At minimum, a consultation with an attorney is likely worth your time. With an idea of...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a landlord and tenant agree to have tenant waive all legal rights to remain in rental after a tenant behavior problem?

    Answered 7 months ago.

    1. Robert Lloyd Mauger Jr
    1 lawyer answer

    A private agreement to change the type of notice required, especially not it writing, would be unlikely to be enforced by a court. If it's likely that the tenant is wouldn't actually move if given a new notice, then the agreement probably isn't worth committing to writing. That said, if the landlord is actually being threatened, then 24-hours notice would be all that's required in any regard. ORS 90.396. As for proceeding on the original 30-day notice given by tenant--assuming the tenant is...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I have a dominant tenement easement, The servient tenement owner demands that I move a propane tank. Do I have to oblige?

    Answered 11 months ago.

    1. Robert Lloyd Mauger Jr
    2. Michael T Millar
    3. Brandy Ann Peeples
    3 lawyer answers

    What's the easement for? Unless the easement is for storage of propane and running propane lines, my gut guess is that you're in the wrong. Check your easement documents, or better yet, have them reviewed by an attorney.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Our landlord said he gave us a 72 hr Notice, none was given to us personally nor mailed??? We were served to go to Court?

    Answered 12 months ago.

    1. Kevin Elliott Parks
    2. Troy Austin Pickard
    3. Robert Lloyd Mauger Jr
    4. Orion Jacob Nessly
    4 lawyer answers

    You certainly should talk to an attorney. Whether you can talk to an attorney before the first appearance, do make certain that you attend that court appearance. If you don't attend, the judge will have no choice but to rule against you on the eviction.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful