OK so my roommates soon to be ex wife threw a bowl with food (no video/pics and witnesses are bias) in it at me and has progressed from pre-battery to battery assault (police report filed in that case) in the recent past with her spouse (my roomm...
The next steps depend on your goals, the specific facts, and your budget. Are you seeking a restraining order against the ex? To keep her off the property? Termination of the lease? Monetary damages for medical bills or other damages?
I'm sure there are plenty of lawyers who can advise you on your specific situation and work through your claims and their merits. So probably the next step is to contact one, set up a consultation, and follow their advice. Avvo has an "Find a Lawyer" tab above.See question
I am having a dispute with my landlord. He is attempting to evict me for a number of invalid reasons. I just went to court to request a hearing about my eviction, and I have plenty of good reasons why my landlord cannot evict me at this time. I ha...
That sounds like a lousy situation and a good question. But it's one without an obvious answer without a thorough understanding of your facts, goals, and evidence in your situation, which you should seek through a consultation with your own attorney. Tenants and victims of elder abuse with meritorious claims are both entitled to seek their attorney fees from their landlord/abuser. So an immediate consultation with your own attorney is likely well worth pursuing. Obviously if you think you're in imminent danger, contact law enforcement. Good luck,See question
I've lived in this apartment since mid October 2016, nearly three months now. I realized that there is a mold problem during the second week of my tenancy. The landlord "fixed" some of the mold that was under the kitchen sink, and in the bathroom....
The first step is probably to hire an attorney, but here's what your attorney might tell you:
If you're planning to leave the apartment, 1st, make a move out plan. Second, you should give written notice, served at least 14 days before your last date explaining the problems with the unit and giving them 14 days to solve it. Extended to 17 days if you're mailing it rather than hand delivering it. Keep a copy. If you're on a month-to-month lease and planning to move out regardless of whether they fix the problem, you might give a 30-day no cause notice that you're moving out as well (again 33 days if mailed).
Before you leave, document as best you can the issues. What that might mean varies, but probably at least involves taking photographs of the apartment and any pre-cleaned effects as well as keeping receipts of any costs to clean the mold from the apartment or your things and the amount of time you spend cleaning and moving. Also keep any reports from inspectors, whether from the city or privately hired.
Once you've moved, send documentation with a request for damages to your landlord. What those damages are should be discussed with your own attorney. If you aren't paid, you can file a small claims action or hire an attorney to bring your claims in circuit court. If you prevail in a landlord/tenant matter in circuit court, your landlord will be required to pay your attorney fees as well as your damages. For that reason, again it's best to consult with and consider hiring an attorney early on to make sure that you preserve your claims and your evidence and the landlord knows that you're serious. Good luck,See question
We helped a couple out who has been sleeping in their van on our property. They left to stay with family in this cold over a month ago. We still live at the property.
I'm pretty sure this question has been asked before. If they're not there and not living in a dwelling, then you're not going to be able to get them served, so I'm not sure how you can evict them. Do they have a written agreement to stay on your property? If not, I would just ask them nicely to leave if they show back up, and if not contact law enforcement and complain about trespassing. But evicting someone who isn't there doesn't make much sense. If they do have an agreement, or law enforcement won't assist you, then you might want to talk with your own attorney unless you can privately reach an agreement with the couple.See question
If four college kids each signed the lease for a house and two decide to move out are those two on the hook for breaking the lease agreement or is it just up to the two remaining roommates to pay the remainder of the lease.
The landlord would have claims for any rent unpaid against the two departing roommates. The remaining tenants would also have claims against the departing roommates for unpaid rent and a share of utilities. If rent isn't paid to the landlord, he or she can evict any remaining tenants. If it's a term lease, rather than a month to month rental agreement, the landlord can also continue to seek rent against all of the tenants until the property is re-leased. The short of it is that no matter how much you don't like your roommates, it's usually best not to skip out or force someone else out without coming up with a plan that's acceptable to both the housemates and the landlord.See question
We tried to help a couple in our church whom had a close date on a house in two months. We let them stay til that time. Now over a year later, they have been staying at her dads house over three weeks. Do I need to get a court order in oregon or...
I'm confused, are they living there now? If not, and you have access to the property, then there's no need to get a court order evicting them. Most tenancies or guest visits end without a court's eviction. If they are still in the property and you need them out, then yes, you should probably talk to an attorney about serving them a termination notice and evicting them if necessary.See question
I have a duplex in Milwaukie, OR and my tenant TEXTED me on Dec 22, that he was giving me his 30-day notice to vacate the rental property my husband and I own. He also TEXTED that Jan 21st would be his move out date. He is trying to tell me that...
1) Maybe. A landlord can accept a tenant's defective notice, presumably even one sent by text message and require them to leave when they said they would. A landlord can also reject the notice as defective for the reasons Mr. Abbott pointed out. Unlike a tenant rejecting a landlord's defective notice, you should probably communicate your acceptance or rejection of the defective notice timely. The tenant thinks he's given a notice and plans to move out and stop paying rent, and it sounds like you want to keep charging him rent anyway. Presuming he doesn't pay and you bring him to small claims court for unpaid rent, I'd be skeptical that a small claims judge is going to award you anything if the tenant didn't know about the problems with their notice. You're likely to face the same problems if you try to evict the tenant for nonpayment of rent because all of January wasn't paid.
2) Yes.See question
I have a deeded, recorded, easement for ingress and egress across my neighbors property. The servient estate has blocked my access through several gates, chained with locks and one electronic. I have threatened abatement (cut chain link lock) bec...
Self help is generally frowned upon and even if your legal theory is correct, you probably don't want to count on the responding law enforcement officer to have a thorough understanding of Oregon property law, your easement agreement, the properties' history and the underlying dispute when he responds to a call that someone has cut a lock and forced his way on to another's property. You should talk with your own attorney about reviewing the specifics of the dispute and your best course of action.See question
Explain what this mhats on this link http://wearechange.org/u-s-supreme-court-says-no-license-necessary-to-drive-automobile-on-public-highwaysstreets/
It means that you went to a conspiracy webpage rather than an attorney to get legal advice. You probably won't be able to sue a website for malpractice. If you want to drive in the United States, you should probably get a driver's license.See question
I have evidence and proof of statements I made about my ex online...I did not lie and can prove it. I need a lawyer. Do I need $25K up front just to get representation? that's what one lawyer quoted me.
First of all "about to sue" is different than "being sued." It's free and easy to threaten litigation. Actually hiring an attorney who will take your case to draft and file a complaint is a different matter. A lot of people do the first one without doing the second. If you haven't received a demand letter from an attorney or a civil complaint served by a process server or sheriff, you might want to simply stop posting things online about your wife and see if this doesn't blow over. If litigation is filed, you will have at least 30 days to hire an attorney to respond.
As for representation, you might want to start by talking to your homeowners' insurance carrier (if you have one) to see if they would have any coverage for you against such claims. If not, then you might still set up a consultation with an attorney, especially if you think her claims of litigation are credible. But I don't know that paying a $25,000 retainer prior to her filing litigation makes a lot of sense just yet.See question