The hotel I am staying at was served and eviction notice on Aug 25 2016. It was a move out by Aug 30th 1159 pm. It has never happened no sheriff's no eviction. Does that mean the eviction is still a binding order by the city and county court?
It's not clear whether you or the owners of the hotel were served with the notice and whether the notice was followed by any court proceedings. It's also not clear whether you're still staying in the hotel. It would probably be best to take your questions, goals, and the notices and court papers you've received to your own attorney to discuss. Good luck,See question
I made a payment arrangement with them for the amount of $825 for that they would said they will settle out of court okay I didn't have the money when they went to run the account so now they're getting me on falsification of documents I offered t...
If you owe them the money and don't have any defenses to their claims and they won't agree to your settlement offer, then yes, they can take you to court to seek a judgment. If they get a judgment against you, they may be able to garnish up to 25% of your paycheck until the judgment is satisfied. The judgment may include court costs and attorney fees. So if you receive a summons notifying you that you're being sued, do not ignore it. Whether you have any defenses or other settlement strategies worth attempting (or might be eligible for bankruptcy) is something you should discuss with your own attorney.See question
. This account is over 10 years old it was my own personal account they said I could settle for $3,000 or $1,500 or $800 can I still get me even though it's 10 years old
To follow up on Mr. Shurtleff's correct answer, the statute of limitations runs from when you've last made a payment or account activity, not when the account was opened or closed. So I'd be wary of sending any money to the debt collector without reviewing the facts or written settlement offer with your own attorney. Don't trust what they're telling you over the phone, their only job is to talk you into sending them something. Good luck,See question
We bought our property from a friend in 1990. He sold the property to another party in 2003. He sold it to the currant owners in 2009. We had a permissive easement from our friend but never spoke to the next two owners about our easement. They did...
Maybe. The facts sound promising, but even if your legal theory is correct, you'll likely need to work with your own attorney to establish your rights, assuming your neighbors disagree and are blocking access. Good luck,See question
I started renting a home a month later found out the person doesnt own the house and its in forclosure. Im working with the bank to save the house. Do I need to continue paying rent and can he legally kick me out
Yes, you need to continue paying rent to the homeowner until foreclosure is completed (it's not always clear what "in foreclosure" means, but if there hasn't been a foreclosure sale, then you can continue paying rent). If you don't pay rent, you can be evicted. You do have the right to apply any security deposit or last month's rent you've paid to the rental payments by communicating this to your landlord. ORS 90.367 http://www.oregonlaws.org/ors/90.367 Beyond that, you should reach out to the bank or the law firm conducting the foreclosure, let them know that you have a valid lease agreement, and start working on a move out plan, because this isn't likely to be a viable housing option for too long. I don't know what "working with the bank to save the house" entails, but I wouldn't send any money to the bank without first talking to your own attorney about your goals.See question
The least is a 13 month lease that is just over halfway. There is substantial black mold in the apartment and I was wondering if this would have any relevant under Ore. Rev. Stat. § 90.365. Also if there is any other route (arbitration, etc.) that...
Mold and pests are always a thorny factual situation, usually with the tenant claiming the mold was the landlord's fault and always present and the landlord claiming that the mold is not a material breach of the lease (not all mold is harmful, even if it looks to be "black mold") and/or due to the tenant's failure to keep the property clean or dry (if it's something that you can handle yourself with some bleach and a towel, it's probably not a habitability claim). So even if you follow the process set out by ORS 90.360 and 90.365, you might risk that your landlord will either come in and take care of the mold, or that you'll leave and your landlord will claim that your breach of the lease wasn't justified and that you're still on the hook for the move out fee or unpaid rent. Terminating the lease might be something you can work out with your landlord, but if not, you should consult with your own attorney before moving out to make sure your claims and notices are adequate and claims are well documented. Don't think that you've hit the tenant jackpot just because you've seen some mold.See question
I am in oregon and need to file a small claims. and the person ran to california
If you can't find this person and cannot get him or her served, then you cannot prevail in litigation. You might want to talk to look around for a process server/private investigator as they often have methods of discovering addresses or contact information or otherwise tracking people down who move with no forwarding address. Of course, this isn't a cheap service and whether the claim has any merits or whether you'll be able to collect from this individual are other issues you might want to ponder or discuss with your own attorney. Good luck,See question
My previous landlord spent my entire deposit replacing carpets and painting walls in the place I was renting from her. The home was returned to her in the same condition it was when I moved in, there was no new damage. The previous damage was reco...
Your landlord doesn't have any obligation to provide anything more than an accounting at this point, but if you were to take the matter to trial, she would presumably need to defend against wrongfully withholding the security deposit by putting on evidence of the expenses, which is typically done through receipts. As mentioned, if you're the prevailing party in a dispute regarding your security deposit accounting, you may be entitled to twice the amount wrongfully withheld as well as your reasonable attorney fees. http://www.oregonlaws.org/ors/90.300 http://www.oregonlaws.org/ors/90.255 For that reason, at least a consultation with an attorney is recommended.See question
When one receives a statement, what would occur and what protections are in place if a customer would ask for a true bill? When invoiced from a utility company? Would receiving a statement from another type of corporation or business expect a diff...
The premise of your question seems to be grounded in some delusional, conspiracy-theory based belief in some form of law governed by mystical ancient treatises and admiral law and loopholes that can be found in the rantings of bloggers rather than the well established laws and legal procedures that have underpinned this country since its founding. For the sake of your legal rights and the real-life consequences of ignoring your obligations of this dangerous thinking, you should abandon whatever lead you down this rabbit hole and talk to and talk (and LISTEN) to an attorney who practices in the pertinent subject matter to the dispute at issue. Good luck,See question
I gave 30 days notice to move out, which is standard practice, and was out of the apartment on July 16, 2016. I have asked for my security deposit on a number of occasions, by email and phone, to no avail. I am being told that it will get put in t...
You could inform your ex-landlord, in writing confirming your forwarding address and informing him or her about your right to receive twice the amount wrongfully withheld under ORS 90.300(16) and your right to receive your reasonable attorney fees if litigation is necessary to resolve this dispute. If that doesn't get you anywhere, you can file a small claims case or talk to your own attorney about filing litigation. http://www.oregonlaws.org/ors/90.300 http://www.oregonlaws.org/ors/90.255See question