Gregory L Abbott

Gregory L Abbott

  • Consumer Law, Landlord Tenant, Collections...
  • Oregon, Washington
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Claimed Lawyer ProfileQ&A
Summary

Protecting Consumers and Small Businesses in Oregon for Over 23 Years. Landlord-Tenant Matters, Debt Collection Issues, Wills/Probates/Estate Administration, Auto Accidents, Car Deals Gone Bad are All Mainstays of My Practice. Other Attorneys in Oregon Hire Me to Help - Shouldn't You Too?

Practice Areas
  • Consumer Law
  • Landlord Tenant
  • Collections
  • Probate
  • Personal Injury
  • Animal & Dog Law
Fees
  • Contingent Fees
    I accept contingent fees in select cases after a thorough review
  • Rates, Retainers and Additional Information
    Depending upon the case and the situation, I offer flat fees in some matters; contingent fees in some; and hourly rates in others.
Jurisdictions Admitted to Practice
Oregon
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Washington
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9th Circuit
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Languages
  • English: Spoken, Written
Education
Lewis & Clark Law School
J.D. (1993)
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Honors: AmJur Award in Alternate Dispute Resolution, Winner of Mock Trial Competition
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Knox College
B.A. (1975) | Anthropology
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Activities: On Student Government
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Websites & Blogs
Website
Consumer Law Northwest
Legal Answers
698 Questions Answered

Q. What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?
A: That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once the landlord becomes aware of the problem. If neither you nor the landlord were aware of the issue until now, and it is being actively addressed once it was discovered, I don't see any liability on the landlord's part. Perhaps whoever did the original repair wrong might have some potential liability but you might have statute of limitations issues (depending upon the exact facts) as well as still having a lack of damages, at least from what you posted. You still should be thoroughly checked out by a doctor. If they find evidence of harm coming to you because of the exposure, that would certainly help establish damages but you would still have a potential issue of who would be liable and is it too late even if they are. Good luck.
Q. Do I have to pay for the satisfaction of judgement paperwork to be notarized for the person who sued me?
A: Really? You want to fight over the cost of a notary? The Covid-19 situation may impede the processing of the Satisfaction of Judgment but it is the creditor's obligation to file the satisfaction with the court. You should just stay out of it, beyond demanding that they file the document of course. It is the creditor's legal duty to file a satisfaction of judgment document (marked as being in full or only partial) upon the debtor's request and to provide the debtor with a copy when filed. See ORS 18,225(2)(a). Be sure to make the demand in a signed, dated, writing and keep a copy. If you do not receive a copy of such a Satisfaction of Judgment declaration, you can file a motion with the court outlining your attempts to get the creditor to do it and asking the court to enter a complete satisfaction instead. IF you ask the court, and the court finds that the creditor willfully failed to enter the satisfaction document, it may award you a Judgment for your costs and reasonable attorney's fees incurred in having to bring the motion. See ORS 18.235(8). Does the creditor want to pay a few bucks for a notary if they are too lazy to get it free (most banks will do it if you have an account with them; most law offices have notaries and most real estate offices do as well) or do they want to have a Judgment for hundreds or even a thousand or more dollars against them? Most Judges, however, will NOT be happy to learn both sides are wasting their time because they are fighting over such minuscule amounts.
Q. I have moved out, but I’m still paying rent through my lease. Landlord allowed someone to stay in my room. Break lease?
A: That would seem to be a landlord's acceptance of your surrender of the premises - and that would terminate any further obligations you have under your rental agreement. If you have already moved out anyway, you cannot be evicted so the only thing the landlord could do is try to collect from you, presumably by turning you over to a collection agency or by suing you in court. Besides dinging your credit record, the only thing a collection agency can do is harass you or sue you in court. You arguably would have a defense in court. If of serious concern, consider reviewing it all with a local landlord-tenant attorney.
Q. Do I have a right to a peacefull place to live? I have a noisy neighbor late at night. Managment won't help.
A: Normally yes, you may have rights to terminate your lease and move penalty free. You also normally have the right to sue the landlord in court for damages and/or injunctive relief (court order to the landlord to do something specific). However at the moment Oregon courts are essentially shut down and expect to be at least until March 27 and likely past that. So even if you tried to file in court, nothing would happen until the courts re-open.
Q. Can I break a lease for an unchecked cockroach infestation which existed far prior to me living here? Never disclosed.
A: In Oregon, a landlord has a responsibility to rid rental dwellings of all insect, rodent, and vermin infestations. But the tenant must first provide notice of the problem and allow the landlord adequate time to cure the problem. If a landlord does not, a tenant has a variety of potential remedies. Withholding rent, however, is fraught with peril and if not done properly, the tenant is likely to find themselves evicted, potentially with an eviction on their rental record. You refer to withholding rent in order to afford moving. That is not the way it works. To lawfully withhold rent, you are likely going to have to pay it into some sort of an escrow (like paying the disputed funds into the court and allowing the Judge to decide how much goes to who). Spending the money on other things is likely to get you evicted. Review it all with a landlord-tenant attorney if you really want to know your options.
Q. Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?
A: A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO accept rent after the 72 hr deadline, they likely lose their chance to evict under that Notice so it may be that landlord's will prefer to accept rent however/whenever they can get it at the moment, figuring it to be better to worry about being able to evict later if it means collecting rent now, especially when many (most?) landlord's rely upon the rent to pay the mortgage on the place.
Q. 1/2 I told the wrong info to my coworker about our work schedule(not my intention, it is an honest mistake) resulting to
A: If you are this fellow's manager or the person who officially schedules his work hours, maybe there is some sort of potential liability. But if not, you just gave him your best knowledge. It did not come with a guarantee of accuracy and ultimately it was his responsibility to determine his work hours himself.
Q. Can a fixed-term 18-month lease signed in December 2018 be terminated at the end of the lease without cause?
A: Yes, but only for a "permitted" reason as specified in ORS 90.427 and by following the required procedures including being potentially required to pay the state-wide relocation assistance of one month's rent if the landlord is not exempt.
Q. Does a 14 day stand if the the landlord took rent for three consecutive months action was false
A: You need to post an expanded, more coherent question. A 14 Day what? 30 Day For Cause Notice w/14 days to cure? Did landlord take rent before or after a Notice of Termination? Exactly what type of Notice was issued? What does "Action was false" mean? Current court status? Have you actually been removed yet? While all of the above is likely necessary to tell you anything meaningful, the great likelihood is that in the end the only way you will know much specifically about your case is to simply review it all with a local landlord-tenant attorney. They will want to see ALL documents you have remotely relevant to the situation and if there either already has been or shortly will be court action, time is likely to be critical for you so do whatever consulting you wish but do it fast.
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Contact & Map
Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568