Robert Lloyd Mauger Jr’s Answers

Robert Lloyd Mauger Jr

Corvallis Landlord / Tenant Lawyer.

Contributor Level 16
  1. Hello im Susan I would like to know how long a landlord has to send a list of damages to me after we have moved its been over

    Answered about 2 years ago.

    1. Jordon Huppert
    2. Robert Lloyd Mauger Jr
    3. Marcel Gesmundo
    3 lawyer answers

    I'm not sure that it makes sense, but the answer to your original question--how long does a landlord have to give an accounting of damages?--is 31 days. ORS 90.300(12)

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  2. Neighbor has filed Adverse Possession. Can we remove her tenant prior to court hearing the case?

    Answered about 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Christopher L Cauble
    2 lawyer answers

    What's scheduled in April 2013? If the squatter isn't on your property, why is your liability insurance involved? It's true, police will rarely respond to remove someone while there is a civil complaint or a colorable claim that a lease, tenancy, or other right to occupy exists. And it's also true that you cannot file an eviction against a neighbor's tenant. If the tenant is on your property, then yes, you can possibly file an eviction. Frankly, there is too much going on here for you to...

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  3. What is the law when a tenant gives a 30 day notice and then doesn't move , leaving me postponing a NEW tenent from moving in ?

    Answered over 2 years ago.

    1. Robert Lloyd Mauger Jr
    1 lawyer answer

    You can file a FED (eviction) complaint seeking possession of the property without further notice to tenants alleging that their notice to you as the basis for the lease being terminated. If you have not evicted a tenant before having a lawyer represent you (or at least consulting with one) is recommended. You can separately sue in small claims court for unpaid rent or other damages.

    5 lawyers agreed with this answer

  4. Do i need an estate attorney for my brother in laws belongings?

    Answered over 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. George Winslow Mead
    3. James Oberholtzer
    4. Douglas R Holbrook
    4 lawyer answers

    Perhaps. An ex sister-in-law would not ordinarily inherit anything absent a will. Oregon has no common law marriage. If you didn't marry or have him adopt your kids, then without a will he's a legal stranger, even as a housemate. If you're already involved in litigation because a suit has been filed, you should talk to an attorney soon. You may be able to claim that his things were actually owned jointly by you, or were owned subject to a debt that he owes you, even without great documentation.

    5 lawyers agreed with this answer

  5. Aunt was the executor of grandpas will no copy of will given to me after reqesting one, no probate. doesnt exec. hv to gv copy?

    Answered over 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    I agree with Mr. Frederick, if all you were left was $500, then this is not worth litigation. But without a copy of the will, how do you know you were left $500? If there is a no probate estate open, then there's no one to show you the will, and if there is a probate open, then that county courthouse will be where it was filed. You can get more help from an attorney, but without an expectation of more than $500, it might not be a good use of your money.

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  6. When ? can i sell the van?

    Answered over 2 years ago.

    1. Robert Lloyd Mauger Jr
    2. Joseph Franklin Pippen Jr.
    3. Matthew Erik Johnson
    3 lawyer answers

    I'd add a bit to the questions of Mr. Pippen. Was the van titled in the trust? How is it titled? Who is the trustee of the trust? When you say you *need* to see it ASAP is this to pay a cost of the administration of the estate or trust or because you personally need money? Will the estate's debts exceed its assets? If you sell the truck and spend the money, how are creditors, heirs and beneficiaries likely to respond? Are they likely to come after you or are you working together? The link...

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  7. I got a 72 hour notice. How long do I really have?

    Answered over 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

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

    Answered over 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...

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  9. Is a tenants rights in a post short sale the same as a post sale foreclosures in Oregon?

    Answered 6 months ago.

    1. Robert Lloyd Mauger Jr
    2. Gregory L Abbott
    2 lawyer answers

    I think you've misread ORS 86.782 with regard to paying rent, but that statute doesn't apply to your situation anyway. Generally as far as the tenant's concerned, a short sale is no different than any other sale and the purchaser is subject to the lease terms and obligations of your original landlord. So if you have a term lease that doesn't expire until December, your new landlord can't just come in and ask for a higher rent until your lease is up. If you have a month-to-month lease then...

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  10. How to evict tenant speedily.

    Answered 8 months ago.

    1. Robert Lloyd Mauger Jr
    2. Gregory L Abbott
    3. Marcel Gesmundo
    3 lawyer answers

    It's certainly not by waiting 3 weeks and only haven given verbal and email notices. You need a written notice and it has to be of the proper form (72 hour notice). You have to wait for the notice to expire, and only then can you ask the court to order possession. The court process can take up to three weeks, depending on the tenant's actions. Assuming you gave proper notice and served it correctly and got the tenant served with the eviction paperwork correctly, the court can order the sheriff...

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