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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,334 total


  • How difficult will it be to rent an apartment with a misdemeanor?

    I'm currently in the process of being charged for a theft 3 misdemeanor, and will be going to court for this in the next few weeks. My spouse and I are also currently being pushed out of our current living situation and are now apartment hunting....

    Robert’s Answer

    I agree with Mr. Abbott--the simplest answer is "it depends" but probably it will make things harder. If you're being asked to pay a screening fee, tell them about your situation before you pay the fee, ask whether your scenario is likely to disqualify you from renting, and ask to see their written screening policy: that should at least help you save some money and streamline your search.

    I also agree with the idea that you're better off looking for smaller ("mom & pop") operations that might be more personal, more understanding, more flexible, or less savvy about how to screen applicants in the first place. You might propose paying a larger deposit than ordinary, or having a worthy co-signer guarantee your performance under the lease as a way to quell fears that you're not responsible.

    Unfortunately, there's not a simple, cheap solution to your situation (presuming that you've already conferred with counsel on your criminal matter and can't avoid the conviction). You're just going to have to budget more time and money toward your moving process than ordinary.

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  • If I own a buiness can a collection agency call my customers and/or call me say 3-4 times in a row in on same day

    I am a self proprietor construction company and owe a small Bill to a subcontractor wich is larger now. The collection agency has called me 4 times in a row and is now contacting customers and letting them know about the debt. What should I do if ...

    Robert’s Answer

    Most consumer debt collections laws, including the FDCPA, don't apply to business debts. If you know that you owe the debt and plan to pay it, probably the first pragmatic step is to reach out to the creditor in writing, explain in general terms the issues with paying the bill (is it more than you expected, is it incorrect, just more than you can handle, are there cash flow issues?), your plans for paying it (e.g. 1/12 paid over 12 months), and urging them that if they want to be paid then they need to stop interfering with your business' ability to make money to service the debt and to leave your customers alone and stop harassing you. If you can't get that to work, and you can't refinance the debt, you might want to talk with your own attorney.

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  • Which state do I need to hire a lawyer in?

    I live in Oregon, but my dad died in California. It would be much easier for me to hire an attorney in oregon, but I know California law is different. Do I hire a probate attorney from Oregon or California?

    Robert’s Answer

    Sorry to hear about your loss.

    If your dad didn't own any property or accounts in Oregon and didn't reside in Oregon, then you'll probably need to meet with a California attorney. Or at very least, an Oregon attorney licensed to practice in California as well.

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  • What does subject to objection mean on a signed court document for a telephone hearing?

    I am respondent in a motion of enforcement in regards to parenting time, since it was filed in state of origin and I reside in another state it is impossible I can afford to travel plus my health is to were I am on disability, the judge for hear...

    Robert’s Answer

    If seeking a telephone conference is something you sought without an attorney, it's possible that you didn't follow the technical legal requirements in making your request. But the judge perhaps doesn't want to hang you up in technicalities. So he or she granted your motion, subject to the other side's right to later argue that the court shouldn't have granted it, whether based on legal or factual arguments.

    My guess is that unless you hear something from your ex- or your ex's attorney objecting to the order, you can plan to appear by phone. Make sure you talk to the court clerk so you know whether they'll be calling you or who you need to call and when to appear.

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  • Can a new owners raise the rent 300$ within the first month of ownership

    On section 8 and are old Landlord's sold there property and new owners want to raise the price before the lease is up

    Robert’s Answer

    If you have a term lease agreement, then no, your landlord (old or new) cannot raise your rent. If you're on a month-to-month tenancy your landlord need only give you 60 days written notice before raising your rent. However, your Section 8 HAP contract with the housing authority may give you other rights. If you can't work this out with your landlord and housing authority contact, you should contact your own attorney before withholding any demanded rent.

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  • Can a manufactured home park keep you from living in a home you own

    I inherited a home in a manufactured house park and went through the process of living in the park in my home. I called them to find out why I haven't heard from them and they told my I was denied to live there. I then asked why I was denied and t...

    Robert’s Answer

    If you don't meet the qualifications for living there, they may be able to prevent you from entering in to a tenancy agreement. However, they cannot do it for secret reasons. Nor can they keep you from renting the property to someone who does qualify or keep you from moving the manufactured home to a different site. If you can't work something out with the management company, talk to your own attorney.

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  • Why did our landlord just wrote down the license plate number of my motorhome?

    Our landlord broke our lease agreement before we moved in but we had no other place to go. They have performed illegal electrical and plumbing work and refuse to have anything fixed by a professional. They also gained access to our property more t...

    Robert’s Answer

    Perhaps they want to have that as part of their records in case they need to track you down for service or mailing of any claims they need to have. At any rate, writing down someone's license plate number isn't illegal.

    As for your claims for "illegal electrical and plumbing" you might have some habitability claims as well as claims for unlawful entry. And it's possible that your 30-day notice isn't valid. Unfortunately, there's not enough details to know here. If you're planning to pursue claims against your landlord or need defend their claims against you, perhaps for unpaid rent, you should talk with your own attorney.

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  • Mother didn't have a Will, what are our next steps?

    My husband (resident of Oregon) is an only child. His mother passed away (resident of New York) and did not have a Will. She doesn't have much asset as far as we know. We know that she had a savings account and not much money in this account. He ...

    Robert’s Answer

    Sorry to hear of your family's loss.

    Depending on how much there is and how much debt his mother had, it might not be cost effective to recover these funds. You should probably re-ask this question as though you're in New York to get the advice of a New York probate attorney or contact a probate attorney where your mother-in-law lived directly.

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  • Can opposing counsel be sued?

    Can opposing counsel, the one that brought a petition before the court, be sued after the fact that a petition was brought to the court falsely? The opposing counsel seems to believe the petitioners' story without getting actual proof.

    Robert’s Answer

    You want to know if you can sue a lawyer because the case he brought doesn't prevail? In a very, very extreme case, there may be an ethical violation. But generally, no, you can't sue opposing counsel for bringing a losing case.

    If you're being sued, you should talk to your own attorney. No matter how sure you are that you're correct.

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  • Would this be considered retaliation in oregon?

    We received a termination notice one month after forcing our landlords to repair the well system. We went without any water for 3 days while they did little to nothing when finally insisted they bring out someone to do the repairs. About 2 weeks a...

    Robert’s Answer

    Fairly hard, but not impossible. The facts and the evidence in these types of cases are important.

    Ultimately, you won't be able to stay long term at a place where the landlord doesn't like you--even if you

    If you and your landlord can't work out a move out plan, you should talk with your own attorney about your defenses to eviction and the risks of challenging it.

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