Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 16
  1. Can I give a 30 day notice to a sub tenant not on my lease via text?

    Answered over 1 year ago.

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

    No you can't use text messages for the basis of an eviction and no you can't use a 24 hour notice to cure your previously defective notice. Just like any landlord who has messed up an eviction, you need to start over, perhaps with an attorney this time.

    5 lawyers agreed with this answer

  2. In Oregon, can I withhold rent from my landlord (renting his wife's house) until he fixes the leaking water heater?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Christopher Daniel Leroi
    2 lawyer answers

    You're right, your landlord does need to fix this problem. However, withholding rent is rarely, if ever, a good option and certainly not a first option. It's more often a good way to get yourself evicted. You need to start with making sure your demands are in writing. As for your remedies, look to ORS 90.360, 365, and 368. The simplest remedy is to terminate the lease, which is usually undesirable for both parties. If your landlord isn't taking you seriously, you should consult with an attorney...

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  3. What are my rights as landlord when written and signed rental agreement has been broken?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Sean Patrick Lewis
    3. Gregory L Abbott
    3 lawyer answers

    For a commercial lease agreement, your remedies are whatever the parties agreed to. If you don't have a written lease, then proving the terms of your rental agreement are going to be difficult (if not impossible) and you'll likely want to discuss with an attorney how to best go about enforcing your lease terms.

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  4. EVICTION: How long does one have until an eviction will show on record to future credit checks?

    Answered over 1 year ago.

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

    First, just receiving an eviction "notice" is not what puts a mark on your credit report. An FED must be filed in court and the landlord/property manager has to obtain an eviction judgment. The credit reporting bureaus get the information from the courts. There's not really a way to expunge an eviction. A public record stays on your credit for up to seven years. I don't know of any such class or eviction process. If you're not to that point yet, talk with an attorney. When you talk with a...

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  5. Charged with conspiracy to commit fraud, what will happen?

    Answered over 1 year ago.

    1. Jeffrey S Siefman
    2. Robert Lloyd Mauger Jr
    3. Karen J Mockrin
    3 lawyer answers

    Changing this from a "fraud" question to a criminal defense question with hopes that you'll get better answers. I don't handle criminal matters, but the short answer is to talk to an attorney and be careful what you post online or say to anyone. Good luck.

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  6. What are the liabilities if a non CPA acts like a CPA and responds with authority on a subject he does not know about?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Dorothy G Bunce
    3. Peter Walter Weston
    3 lawyer answers

    It's a little unclear whether this person is an accountant and employee of the firm or an employee of your company. Also, it sounds like your company did NOT suffer $90,000 worth of damages (although through no fault of your accountant), so it's a little unclear what the damages are. Whether your accountant broke any obligations of the profession or whether there may be any claims for damages for breach of contract, negligence, or statutory liability is something best determined by...

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  7. CAN A LANDLORD EVICT OR GIVE NOTICE WHEN TENANT HAS BREACHED CONTRACT

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Sean M Neary
    3. Gregory L Abbott
    3 lawyer answers

    Your commercial lease agreement should give you the remedies for how you may terminate the lease agreement and on what notice. The police might be willing to take care of the squatter issue, if it's clearly not a residence. If they won't, you'll definitely want to talk with an attorney.

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  8. I have a tenant that is verbal abusive to the tenants keep them up all night yelling current on rent sent notice of harm

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Kevin Elliott Parks
    3. Brandy Ann Peeples
    4. Peter J Weinman
    4 lawyer answers

    Yelling at neighbors is not generally grounds for a 24-hour notice to terminate a lease. Regardless, if she's a tenant, you cannot get her out today. Even if there is enough notice, you will likely need to file for an eviction and present your case in court before you get a court order for possession (known as an FED). But as mentioned, a 24-hour notice probably won't work, because yelling isn't the kind of extreme behavior prevented by that type of eviction. You will likely need to give a...

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  9. Mom never funded the B(family) trust after my father died (did not owe any taxes). How is estate distributed after she dies?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Robert Lloyd Mauger Jr
    3. James P. Frederick
    4. Charles Adam Shultz
    4 lawyer answers

    If the pour over will funds the trust, then the assets in the estate get transferred to the trust and then distributed in accordance with the terms of the trust document. If only mother's portion of the trust (the "A" trust) exists because the B trust wasn't funded, that will provide for the distribution of the trust assets by the successor trustee. The executor and/or trustee should meet with an attorney, preferably the attorney who did the estate planning.

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  10. My roommate is late on rent again this month. Can I wait until he's paid, to give notice to move out by the end of the month?

    Answered over 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Troy Austin Pickard
    3. Cheryl Rivera Smith
    3 lawyer answers

    Depending on whether your oral sublease agreement is valid, you might not have any authority to terminate his lease at all--usually that is only the right of the landlord. You may want to talk to the landlord and if you cannot get his cooperation you will certainly want to consult with an attorney in private to figure out the best way to proceed.

    5 lawyers agreed with this answer