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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,334 total


  • Can a landlord turn power & water off?

    I sleep in landlords RV behind his house (against city laws) but had full use of hs, alot of my items are in house, can landlord shut power off to RV & keep me locked out of main house? There is no running water for use of toilet, & now power is ...

    Robert’s Answer

    Probably he cannot, but it sounds like he already has. Your real question I assume is what next? You may be entitled to claims for damages and a relatively quick legal process to get access to you things. You should consult with your own attorney in private as soon as possible.

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  • Can you help me retain an itemized receipt from a dishonest contractor that has stolen $3k from my elderly mother?

    Hello, I am writing to you regarding a matter of a home that I rent out in Portland, Oregon. My husband contacted a contractor to prune some trees in the backyard, the price: $300. A relative got involved when they came to the house and asked...

    Robert’s Answer

    The elderly relative should contact her own attorney. Avvo has a "Find a Lawyer" button on most of its pages and the Oregon State Bar has a lawyer referral service who can help find an attorney with experience in contract and elder abuse claims.

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  • Can my husband and my son be garnished for the same debt?

    We owe the state of Oregon for an overpayment on snap. My husband has just been garnished for this bill and my son is now being garnished. Can more than one person be garnished at the same time for the same debt?

    Robert’s Answer

    If both are responsible for the debt, then yes, all parties can be garnished until the debt is paid in full. There may be other limitations to the garnishment, but none of those are raised by this question. You might want to discuss the specifics with your own attorney.

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  • Does defendant have the right to move a case to Federal court if more than one defendant lives out of state?

    I want to file a US 42 1983 claim in State court. Defendants more than one live in California. They conduct business in this State. I was reading on defendants being able to remove the case to Federal Court. I am wondering about Diversity though a...

    Robert’s Answer

    It seems that diversity as well as federal question would allow for the removal to federal court. I'm not quite sure why you think that it wouldn't. Regardless, if you're filing federal civil rights litigation, you should have your own attorney with experience in these matters who is licensed to practice in both courts..

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  • Can a landlord give you a 30 day notice and then 2 weeks later give you a 72-hour notice

    Our landlord's husband died and she wants to sell the house so she gave us a 30 day notice and then 2 weeks later gave us a 72-hour notice to leave she also said that she would take the deposit for the rent and is now telling us that she wants ren...

    Robert’s Answer

    Even after you get a 30-day notice (assuming it's valid) you need to pay rent through the end of the tenancy and unless you've paid a deposit designated as "last month's rent" that includes paying the last month of rent. The 72 hour notice should explain where and when you need to pay rent by. If your landlord is now saying that she doesn't require payment of last month rent, you should get it in writing. If your landlord has filed for an eviction with the court, or you have any questions about the validity of the notices (for instance, a landlord must give at least 60 days notice if you've lived there for more than a year, and while there are rare exceptions, "wanting" to sell the house isn't one of them) or anything else, talk to your own attorney immediately. Good luck,

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  • What are my rights as a tenant for notice by the landlord to come on property?

    I am on a one year lease at a house in SE Portland. The landlord has done this to me several times, but the latest is that he called me at work (I work 20 miles from my home) and gave me ONE HOUR's notice that he was going to "power-wash" my drive...

    Robert’s Answer

    Probably not. He needs to give at least 24 hours notice before coming on the property. However, if he asks to come on the property and you tell him "sure" then he can come on the property, even if you didn't want him too. It's not clear whether that's happening. If he is still entering the property without providing sufficient notice or against your refusal to allow him to enter, that is unlawful entry and a tenant is entitled to statutory damages of a month's rent plus attorney fees. If you and he can't work out your living situation, you should talk with your own attorney. Good luck.

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  • Can landlord charge fees not in lease , not install smoke /carbon detectors or file improper court evictions

    My landlord was told by KLAS to install smoke /carbon detectors it's been 6 months and he has not , the office stated they were sendig someone to cut grass no fee , I find out soon after the landlord charged me 150.00. My rent is due on the 10t...

    Robert’s Answer

    No, he can't charge you for filing an eviction claim in which he didn't win or landscaping fees that weren't part of your rental contract or otherwise agreed to. Put in writing and mail to him that he needs to install the smoke detectors. Continue to pay the rent if it comes due. If your landlord tries to evict you again, yes, there are attorneys who will handle evictions and some might do it on a type of contingency fee since your landlord will owe your attorney fees if you prevail. Good luck,

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  • Do you have to serve someone in person

    Afraid the ex will avoid being served

    Robert’s Answer

    Generally yes, or by serving another adult at their residence and mailing a copy. You can get a process server who does this type of work for a living to serve someone for $30 - $70. If you cannot get the person served through reasonable efforts, there are ways to get the court's permission to serve the litigation in a different manner. But this is not a DIY project and you should consult with your own attorney if you find yourself unable to get the defendant served.

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  • Do I need to pay "Gifting Tax" for a house transferred back into my name even though I purchased it?

    I bought a house with my brother. We refinanced and took my name off for the process, then he passed away.My father was next of kin so its now in his name. We want to put it back into my name but are worried I will end up having to pay a gifting t...

    Robert’s Answer

    First off, any gift tax would be paid by your father, not by you.

    Second, the answer to the question as to whether you can structure your transaction to avoid anyone paying taxes is "maybe" but it's certainly not a DIY project. Your father should consult with his own attorney and/or tax advisor.

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  • Do I have to pay a 5yr old debt for a loan I defaulted on for an Rv that we had at time of divorce?

    I divorced about 5 years ago and I had the debt of the rv trailer in the the divorce papers. I could not afford it, and had to voluntary repo it. B of A, who the loan was through would not work me on a payment that I could afford. I have not paid ...

    Robert’s Answer

    If your wife paid a debt that you were obligated to pay under the divorce agreement and under the original agreement with BoA, then yes, she can probably win a judgment against you to recover her payment. Whether it makes better sense to settle, defend, seek bankruptcy protection, or simply ignore the debt is something that you'd need to talk with your own attorney about, based on the specifics of your financial situation, the debt, and the divorce judgment.

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