I am the plaintiff and I filed an intent to file for default on April 28. It is 13 days later and I have not received service of their response to the civil suit as of today. Are they required to serve me with their answer?
"Required" is a strong word, but if your timing is correct and they haven't filed a responsive document, then you as plaintiff may be entitled to seek a default judgment. I use a lot of "mays" there, because timing issues are tricky and you'd be better off talking with your own attorney about the specifics of your case and the form and contents of any motion.See question
We allowed a man and his son to live in one of our houses rent free so he could save money to buy a house. We also paid his gas and water bill. In exchange for living there rent free, he agreed to complete necessary repairs at his expense. It...
Whether you have other claims against him, you should probably focus on getting the home back first. In order to do that, you need to send him a proper notice terminating his lease and then, if he doesn't leave at the end of the notice period, you need to go through the eviction process. If you haven't done this before, it's highly recommended that you at least meet with your own attorney before proceeding.See question
The owner of the property wants to come in and take pictures of my living room and kitchen. Do I have to allow him to do this. It sounds very unusual to me.
Sounds unusual to me, too. Unless he's got a compelling (to you) reason or providing a worthwhile incentive for you to do this, I'd tell him "no."See question
we are currently living in a house that is being sold. the money has not exchanged hands yet. we do not pay rent (boyfriends parents house). we were given until the 28th to have our personal stuff out and until the 5th to remove ourselves. this da...
Pretty sure that you asked this question before the 28th. Hopefully you've talked with an attorney by now. If you haven't, what are you waiting for? You likely have claims for unlawful ouster and twice the value of your destroyed personal possessions. But obviously your mother-in-law isn't working with you, so you need to talk with your own attorney.See question
I received the "Final Summary" from my ex-landlord. He offered me (and included a check) for $680.00 back of my $1,850,00 deposit. In the summary, he claims that there was damage to the vinyl flooring, so he charged me $481.00 for that. I disagree...
If the court accepted his filing then you'll need to defend it. Obviously the fact that you have an accounting that shows that says $481 was the cost of the flooring will be a hard piece of evidence for him to rebut. While it will be up to him to put on evidence of the $3,250 bill, there's no "law" telling anyone whether he's correct or not. Maybe he estimated the damage when he sent the accounting, but since then, found out that the actual repair bill is much higher? It'll be up to the judge to weigh the facts presented at trial and to determine whose claim to believe.
There is however a law that requires him to pay 2x the amount of the security deposit wrongly withheld, plus attorney fees if you prevail. So (if it's not too late in the proceedings) you might want to meet with your own attorney to review the evidence and to see whether it might make better sense to remove this from small claims or to advise you on a reasonable settlement position.
Good luck,See question
Civil suit garnishment. Annuity is not exempt. What percentage can they take per month?
It may depend on your other sources of assets and income, but I don't see any reason it couldn't be up to 100% until the debt is satisfied. If your annuity is being garnished, and you have a basis for challenging the garnishment (not the judgment) you need to meet with your attorney and file a challenge ASAP.See question
I filed a summons of complaint, I received a notice from their attorney that they needed pursuant to ORCP 69. How do I format this letter? I need to file the form by tomorrow
I think, if I understand the question correctly, that you're the plaintiff. You would first send a letter to the attorney saying in essence "If an answer is not filed within 10 days I intend to move the court for a default order." Then at least 13 days later (giving 3 days for mail service) if an answer has not been filed, you could apply to the court for a default order. As Mr. Bodzin correctly points out, what's required in that filing is a question better suited for individual legal advice from your own attorney. Good luck,See question
i am a tenant at will along with my boyfriend in his parents house. we were asked to move in to help with my father-in-law about 5+ years ago. i spent 2-1/2 - 3 yrs taking care of him and then my boyfriend took care of him the last 6 months. my mo...
Technically there is no "tenancy at will" for Oregon residential tenants. If you're in Portland, they would likely need to either give you a 90 day no-cause termination notice (subject to Portland's recent modifications to the notice requirements), a 24-hour termination notice if you were an "employee" of your father-in-law, or petition the court for a "show cause" order requiring you to appear and explain the situation to the judge and have the judge determine your tenancy rights. Regardless, even after a valid notice expires you can't be removed without a court order, no matter what the Realtor tells you. If you get a copy of a notice, summons, or order requiring you to appear in court (or someone tries to forcibly remove you), you should talk with your own attorney immediately about your rights, risks, and responsibilities. Good luck,See question
We recently broke a lease - and were expecting to pay the lease break fee of 1.5 times the rent as stated in our lease. We left the apartment spotless, however the apartment has stated that we owe them not only the lease break fee, but also for $...
I don't believe there is any conflict between the two provisions. "Cost of renting the dwelling unit" would include items such as uncollected rent or the costs to advertise the property for rent. Not the costs of fixing up any damages. Hypothetically, you can't trash the place and expect not to have to pay for damages to the property.
As to whether the charges for carpet replacement, cleaning, and "damages" were reasonable, documented, or billed correctly you might want to go over the billing with your own attorney if you and your former landlord cannot resolve the dispute.
Good luck,See question
I rented a storage unit and a few months later came back to find there is much damage inside from mice. They have ruined (chewed up) at least $1000 in vintage, irreplaceable paper signage...not to mention the feces everywhere. I did not keep anyth...
Read your contract. In every self storage contract the contract must say explicitly and prominently whether the landlord holds a policy protecting your personal items or requiring you to maintain your own insurance. You should be required to initial that provision. https://www.oregonlaws.org/ors/87.686.
Even if your agreement requires you to maintain your own insurance, you might have a claim against your landlord, but I suspect it will be an uphill battle.
If your contract doesn't mention insurance, or states that the owner holds a policy, take good documentation of the condition of your things, and write a demand letter to your landlord and his insurance company (if known) for the value of stuff destroyed. If you don't get a satisfactory response, you might want to talk with your own attorney.See question