Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 16
  1. I was given 30 day notice via social media. 30 days have passed and she refuses to leave. No agreement in place.

    Answered about 1 month ago.

    1. Kevin Elliott Parks
    2. Robert Lloyd Mauger Jr
    3. Andrew Wilson
    4. Gregory L Abbott
    4 lawyer answers

    You can probably evict her based upon her termination notice. Evictions are technical things, and if you make a mistake she might be able to stay and you might end up paying her attorney fees. For that reason, among others, you should really meet with your own attorney. Assuming that your property is important to you, it's important to find a way to afford one. If you're not willing to evict her or talk with an attorney, you'd better learn to live with her--at least until the city or county...

    5 lawyers agreed with this answer

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

    Answered about 2 years 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.

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  3. Closely Held Corporation-- death of minority stockholder

    Answered over 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....

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

    Answered about 1 year 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...

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  5. Buying a foreclosed house at Sheriff auction

    Answered almost 2 years 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.

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  6. My landlord locked me out and took possession of my personal property with out any notice or filing an eviction.what do i do?

    Answered almost 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Stephen Andrew Hamer
    2 lawyer answers

    Unlawful entry and eviction include statutory damages claims for up to double the amount of rent owed. There are also statutory damages available for failure to dispose of personal property according to the statute based on double the property's value. If your landlord simply took everything, then he clearly did not follow these procedures. As was stated by the other attorney, you probably need to talk with an attorney. I regularly work with tenants in the Linn/Benton area.

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  7. If you have been terminated not evicted and given 60 days to relocate do you have to pay rent for those 60 days

    Answered about 1 month ago.

    1. Gregory L Abbott
    2. Robert Lloyd Mauger Jr
    3. J Christopher Minor
    3 lawyer answers

    Yes, although perhaps you don't have to pay the last 30 days if you had paid a last month's deposit. If you don't pay rent, your landlord could terminate your lease much faster: upon a 72-hours' notice.

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  8. I am looking for a sample "Objection" format for a probate proceeding.

    Answered 8 months ago.

    1. Robert Lloyd Mauger Jr
    2. George Michael Wolfe
    3. Gregory L Abbott
    4. Diane L Gruber
    5. Shelley Ann Elder
    5 lawyer answers

    If your first objection wasn't sustained and the other attorney is saying that your claims are frivolous, what makes you think that you're suited for the job of self representation? It sounds like you're not. The profession of being an attorney is a serious one, and while I'm sure you're a smart person and a success in your own field, but maybe it's time to consult with your own attorney before you burn through any more inheritance that you might be after.

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  9. I am the executor of my mothers estate as established in her will and want to obtain a Letter of Testamentary.

    Answered 10 months ago.

    1. Matthew C McKean
    2. Diane L Gruber
    3. Robert Lloyd Mauger Jr
    4. Brian T Hemphill
    5. Rachele R Selvig
    5 lawyer answers

    Joel, Sorry about your mother's passing. Venue for a small estate affidavit is the same as regular probate and is laid out in ORS 113.015 (link below). From what you've told us, it does not sound like you can file the affidavit in Bend. However, a small estate affidavit doesn't require much interaction with the Court. It's usually just the filing, unless you think there will be a lot of claims against the estate that you will need to contest. If that's the case, then you're probably...

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  10. How would I go about getting my money back legally? Any other advise on what I should do on the matter?

    Answered 12 months ago.

    1. Robert Lloyd Mauger Jr
    2. Janet Lee Steinman
    3. Alex Bezu
    3 lawyer answers

    It sounds like your best bet is to get in touch with the actual owners. Preferably before they start the eviction process. Obviously, it really doesn't sound like a good idea to work with Tracy or send her any more money. Assuming that the lease is the most important thing, you might just want to catch up on back rent, even if it means double paying and then having to go after Tracy for the money back later. Although it's not always the case with a commercial lease, ordinarily you can't get...

    5 lawyers agreed with this answer