Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 15
  1. 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 over 1 year 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

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

    Answered over 1 year 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

  3. 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 1 year 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

  4. Is my lease valid?

    Answered 9 months 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...

    Selected as best answer

  5. 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 about 1 year 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...

    Selected as best answer

  6. 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 about 1 year 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.

    Selected as best answer

  7. My landlord is refusing to give us our security deposit.

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Michael Aaron Shurtleff
    3. J Christopher Minor
    3 lawyer answers

    Assuming your security deposit is less than $10,000, you can sue your landlord in small claims court. Obviously, pictures and receipts and your email will be good evidence that you'll want to present. You can also hire an attorney to help bring litigation. In a commercial lease, you can only get your attorney fees as the prevailing party if your lease agreement allows for it. Whether or not you retain an attorney, it would likely be worthwhile to get a consultation to help evaluate your claims.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Closely Held Corporation-- death of minority stockholder

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    1 lawyer answer

    You should seek copies of the partnership agreement and corporation tax filings before attempting to evaluate the relative risk/reward of litigation or liquidation. An ownership right should come with some rights to share in profits, whether or not it's still being actively managed. Of course litigation can be expensive--it can also be worth it. And the path toward litigation can open up negotiation paths that don't yet exist. You'll need to contact a lawyer to help you weigh those options....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Landlord wrote her own lease stating a non refundable pet deposit of $300 how do I get it back?

    Answered 4 months ago.

    1. Robert Lloyd Mauger Jr
    2. Gregory John Barry
    2 lawyer answers

    *IF* the lease was entered into after 2010, Oregon would not allow for non-refundable deposits. In which case, your landlords have 31 days after your lease ends to provide an accounting. After that time, you will need to file a claim, likely in small claims court, seeking the return of the money. You are entitled to statutory damages of 2x any deposit wrongfully withheld ($600). Before filing in small claims, you need to send a demand letter to your landlord, explaining what money is owed to...

    Selected as best answer

  10. Buying a foreclosed house at Sheriff auction

    Answered about 1 year ago.

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

    Yes, liens junior to the foreclosed lien will be removed from the property. Unless it's the tax collector; they never lose priority. Also the property may be redeemed within the redemption period in which case so are the junior liens.

    Selected as best answer