weve been promised 45% of income to alpine logging is ours weve not been paid in 8 weeks weve put a lien on the logs at the mill and called boss this morn he said f off. we arre out of food gas and supplys for basic survival and live on the property
It's unclear whether this is a potential employment-related claim, a contract-based claim, a landlord/tenant-based claim, and/or some combination of all of the above.
There's no doubt a breadth of factual and historical information which would need to be reviewed and analyzed prior to any attorney being able to advise you as to even what your options are, let alone what you *should* do.
That said, it is most definitely a BAD idea to consider leveling a cabin structure that you don't own -- the likelihood being that you could create some significant civil liability AND potential criminal liability. All told, just NOT a good idea.
Moving forward, you're absolutely going to want to schedule a consultation with a local attorney in your area to review all of the facts of your situation and advise you as to what you could/should do.See question
can a property owner rent out a house that is condemed for structial and black mold contaminated?
Of course a property owner can get in trouble for renting out an illegal residence.
The extent of that potential liability can vary rather significantly depending upon the circumstances, but it could certainly entail financial liability to the renters, as well as potential liability to other possible third parties: a local jurisdiction's (city or county, etc) assessment of penalties and/or administrative actions is the most common, but other third-parties could also theoretically maintain claims (or have claims strengthened) as well, all depending upon the factual circumstances and the damages caused as a result of the owner's/landlord's actions (or inactions).See question
My former tenants of 5 yrs stopped paying rent 4 mths during which Ive tried evicting them ... they had their own attorney represent them in eviction court along with my attorney. The case was dismissed bc my attorney didn't have the rental increa...
You can ask the attorney if he/she is still representing the current tenant(s) and, if so, if they'd be willing to accept service on their behalf. However, the likelihood of the attorney doing so is almost, if not exactly, zero. Otherwise, serving process on an attorney -- and especially a former attorney -- is not legally effective.
There are ways of trying to locate them, either through the use of your own attorney or through a private investigator, and you could attempt to utilize various skip tracing services. Additionally, there are methods of serving them via public notices if all else fails, but you have to have the approval of the court to do so.
All told, if you have information about them (where they bank, where they work, etc.) and if they have assets that you know about, it may make sense to spend some money and pursue your claims. However, if you're completely in the dark and it's unclear if you'd ultimately be able to not only serve them, but also arguable as to proving liability and, most important, being able to collect on a judgment even if and when you did win, then I'd advise potentially exercising some caution before going full speed ahead on prosecuting claims.
Your best bet is likely to speak with your former attorney about this, or otherwise schedule a consult with another attorney to go over all the facts and circumstances, discuss the merits and the potential drawbacks, and analyze the entire situation prior to advising as to what you should, or should not, do.See question
In a contract I am looking at.
It absolutely depends on the context and why the contract you're signing might require an "end date."
"In perpetuity" likely satisfies any requirement that a contract contain a term as to time, but it's also not definitive with regard to that time, and is in fact the opposite.
In short, a contract containing a clause explicitly alleging that a party's obligations extend "in perpetuity" could be a good thing or a bad thing, and could be enforceable or could render the entire contract unenforceable. The devil is in the details and depends on the specific context, as well as your perspective.See question
How long shall abandoned goods be kept for the person who owns them before they can be disposed, sold or given away? The person to whom the goods belong to is not welcome to stay in the back yard shed any longer and has been ask not to take the...
Given the the owner of the property was a resident/occupant/tenant and/or the like, you're going to have to follow the procedures set forth in the Oregon Residential Landlord Tenant Act (ORTLA, at ORS Chapter 90) before you can legally dispose of the property without risk of liability. This involves an inventory, a written notice to the owner, storage, and a waiting period for property retrieval prior to your being able to sell and/or dispose of the property.
An email notice DOES NOT suffice to comply with the written notice requirements.See question
a question on behalf of my son. My son and his ex domestic partner had an outstanding balance on their daycare bill. each was to pay their portion of the bill. the billing is entirely in his ex's name. while it is her name, he takes responsibility...
This likely has nothing to do with statutes of fraud, or fraud in general, etc. The specifics regarding a payment plan, or at least a potential one, are also likely immaterial, unless they were contractually agreed to by all parties.
If both parties are jointly liable and there was an agreement that both parties pay half, then he likely owes her half. If she paid it, then he likely owes it. Very simple.
If the two parties are able to come to an agreement regarding a payment plan, then that's great. But there's no requirement that they do so; rather, she has all the leverage: if she chooses to pursue litigation, the outstanding bill of $900 could likely be increased by litigation costs, and possibly also interest and attorneys fees, all of which could be due to the winner of litigation from the loser.
At this point, if it's merely a $900 debt, then it's likely in everyone's best interest to get it resolved as fully and as quickly as possible.See question
I was driving a log truck. I left the landing where I was loaded. Going by what the loader told me because he was in a hurry, I left with 2 wrappers instead of 4. I put the other 2 on before reaching a paved road.
If an employee is fired, the former employee is generally able to qualify for UI benefits unless the employer can prove that the former employee for fired for "misconduct."
What is and is not "misconduct" often depends on the circumstances. Misconduct can relate to any number of issues or circumstances that come about during the course of employment, but most typically relates either to serious issues resulting from disregard of the workplace rules and/or policies, or repeated violations of less serious issues.
All told, you should simply apply for UI benefits, explain the circumstances of your termination to the investigator, and then wait for a decision -- either you'll qualify, or the OED will write out an opinion indicating what you didn't qualify, and thereafter you can appeal the decision to an Administrative Law Judge.
If an appeal is necessary (either your prosecution of an appeal upon your denial of benefits, or your defending against an appeal initiated by your former employer after you were awarded UI benefits), then it's likely in your best interests to consult with an attorney about the situation and consider retaining them to represent you during the appeal process. At this point, however, no attorney is going to be able to definitely say whether or not you'd qualify, and thus it's likely in your best interests just to submit the UI application and then see what happens thereafter.See question
I was recently served an eviction notice. I went to court and signed an agreement to vacate by 9/15 at 11:59pm to have it dismissed. I left that night with as much as I could and stayed at a hotel but hadn't turned my keys in yet because I emailed...
Can it be removed? Sure, that's possible. But it can't be removed unilaterally on your own accord -- it takes either (both) the landlord AND the court to vacate and/or set aside a judgment and remove the eviction from your record. And based on the facts and timeline that you indicate, it doesn't appear that you have any leverage at all to encourage the landlord to cooperate and agree to removing the eviction uncontested, and it's highly likely that your own motion to remove the eviction from the record would be denied, regardless of whether it was or was not contested by the opposing party.
Returning the keys is what legally transfers lawful possession of the property back to the landlord. In their Notice of Noncompliance, the landlord likely alleged that you didn't return the keys and transfer possession back in the amount of time that you had previously stipulated in the agreement (and your question confirms that factual dynamic.) Thus, you'd either have to prove that you DID comply with the agreement, or that you and the landlord agreed to amend the agreement -- neither of which seems possible, and your asserting the contrary could subject you to further legal issues which you'd likely prefer to avoid.
If you still owe the landlord any money -- whether from rent, damages, litigation costs, or whatnot -- you could potentially use paying that money as leverage to get them to agree to not contest a motion, but whether or not they'd agree is a big question -- and even if they did, the court may not.See question
I have been renting from a lady for about 2 years now, and recently found out that the property is under a reverse mortgage. The owner never rented the property to me, but her daughter did. As far as i can tell from my research of HECM loans, this...
No, it doesn't nullify or void a lease agreement.
The owner of the property could be at risk of default, breach, or other violation with regard to their contractual agreements with their own financial lender, but that doesn't have much to do with the owner's (and/or the owner's agent's) contractual agreement with a tenant.See question
I was traveling on a short trip and I needed a U-Haul. The trip ended up taking much longer than I thought at least three or four days longer than I thought and I hadn't paid for it for that long and didn't contact U-Haul to notify them that it wa...
You're likely going to have to work with U-Haul to come to an agreement concerning their likely/alleged breach of contract damages, which are likely continuing to grow each day that the rental remains in impound. Look to your rental contract to help determine the amount -- i.e., daily rental charges, mileage, costs, and/or penalties, in addition to the charges for impound storage, removal, and transportation back.
Additionally, if you've been charged criminally, then it may be in your best interest to retain a criminal defense attorney. Reaching a civil compromise with U-Haul may help you avoid criminal charges, but ultimately that's up to the prosecutors who may have charged you.See question