Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 16
  1. Someone has information that I want the court to hear, but they refuse to help at all. Can I subpoena them?

    Answered almost 2 years 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,...

    6 lawyers agreed with this answer

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

    Answered about 2 years 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.

    6 lawyers agreed with this answer

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

    Answered about 2 years 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

  4. My son just signed a lease y/yesterday in Bend Oregon but now he has to leave town for a school opportunity, will he be liable?

    Answered about 2 years ago.

    1. Jay Bodzin
    2. Robert Lloyd Mauger Jr
    3. Troy Austin Pickard
    3 lawyer answers

    I would agree with Mr. Bodzin, but also look for lease termination clause in the lease. If there is one, no matter what it says, the cost to get out of the lease cannot exceed one-and-one-half months' rent. ORS 90.302(2)(e). Also, if the space is rented after your son departs, the landlord cannot collect additional rent. Also, if the landlord doesn't attempt to rent the property (e.g., he or she sells it or just leaves it empty) your son is not liable for the rent. ORS 90.410. Lastly,...

    6 lawyers agreed with this answer

  5. Does a person have to be a member of the bar in order to represent me / act as my attorney?

    Answered about 2 years ago.

    1. Orion Jacob Nessly
    2. Robert Lloyd Mauger Jr
    3. Jay Bodzin
    4. Keith G Langer
    5. Marcel Gesmundo
    5 lawyer answers

    You need to be represented by an attorney. Whether you know better or not, the law student better--no sense in getting disbarred before graduating; the job market is tough enough.

    6 lawyers agreed with this answer

  6. Can a poa or executor of a estate be sued by other members of the estate if they feel the did not get what was thiers

    Answered over 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Joanne Reisman
    3. Matthew Erik Johnson
    4. Larry K Gray
    4 lawyer answers

    Probate litigation happens regularly after someone has died. There are times when an executor can be named personally. Representation is recommended for anyone who intends to file or defend a lawsuit. Mediation is a non-litigation methods of resolving such disputes more peacefully and often more affordable, which your family may which to consider.

    6 lawyers agreed with this answer

  7. Pro-Se/Self Legal Representation resources

    Answered 12 days ago.

    1. Robert Lloyd Mauger Jr
    2. Jay Bodzin
    3. Alan James Brinkmeier
    3 lawyer answers

    The site you're on is a pretty good resource for many questions. Although don't be too surprised if the answer you receive is often "hire a lawyer." As Mr. Bodzin points out, if the result is important, then you really should have a professional involved. If you're looking for legal forms, Stevens-Ness will have a lot of what you're looking for and specific to Oregon. But a form can't tell you whether it's the right form or how to fill it out. www.stevensness.com If it's a small claims...

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  8. Is my lease valid?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Gregory L Abbott
    3. Alan James Brinkmeier
    4. Cheryl Rivera Smith
    4 lawyer answers

    Oregon divides its sex offender list into "Predatory" and others, depending on the offense. Ordinarily, there's no duty to by either the apartment manager or offender to disclose the location of a sex offender and this would not invalidate your lease. If the offender was a predatory sex offender, the landlord could terminate the offender's lease. However, if you made rental of the property conditioned upon the neighbor not being a sex offender, they knew that he was, they told you that he...

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  9. Can I be thrown out because my roommate gave 30-dy notice & told family who came over wanting to see it that it won't be vacant?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Rixon Charles Rafter III
    3. Cheryl Rivera Smith
    3 lawyer answers

    I'm a little confused by the fact that your "Roommate gave notice." If your roommate said the two of you were going to terminate your lease, that notice could provide the basis for eviction. The rest of the details seem a bit confusing, but generally without some form of notice you cannot be asked to leave, but during the first year of a month-to-month tenancy all that's required is 30-days written notice. Whether the notice given is sufficient or whether there's a retaliation claim or Fair...

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  10. I have a restraining order. I am trying to break my lease for a safety move but the property manager is delaying. Can he?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Jay Bodzin
    3. Steven Fisher
    3 lawyer answers

    I do not know whether it applies to your situation, but you can be let out of your lease upon a 14 days notice based on your status as a victim of domestic violence, as defined by ORS 90.100. There is a form you can fill out at 90.453 subsection 3. See the link below. If that does not apply to you, then the other attorneys are probably right, your remedy is to pay the lease termination fee or give 30 days notice if on a month-to-month lease. A lease termination fee is limited to 1.5x rent.

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