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
Washington
9th Circuit
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
Knox College
B.A. (1975) | Anthropology
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Activities: On Student Government
Websites & Blogs
Website
Consumer Law Northwest
Legal Answers
583 Questions Answered

Q. Landlord is Serving 30 Day Eviction w/ Cause (violation of agreement/ Rule)
A: Generally you don't. You and your landlord can enforce the terms of your rental agreement. You have no authority to intervene in an agreement between the landlord and another tenant if you are not a party to that agreement.
Q. A landlord is allowed to access the common areas for yard work if authorized by the lease agreement.
A: No advanced notice from a landlord is required in order for them to enter a common area. Notice is only required to enter an area where a tenant has the right to exclude others. Since it is a common area, no specific tenant has the exclusive right to exclude from a common area.
Q. My Daughter has autism, Does this mean we have a right to a reasonable accommodation for the house we are renting?
A: Assuming her doctor is willing to "prescribe" an emotional support animal, and will give her a letter saying that, her landlord has nothing to say about it and is required by law to allow it and may not charge her anything extra for a security deposit, "pet rent", or any other charge because of the animal. It does not need to be handled as a disability accommodation since Oregon law specifically provides for both service and emotional support animal. She does not need to disclose the autism or the reason for why she has a support animal unless she wishes.
Q. If a landlord, is looking to Evict, due to past rent? Then, excepts a lesser amount for payment. Is landLrd liable now?
A: It all depends upon the exact details and where you are procedural-wise in the process. Your reference to a Declaration of Non-Compliance suggests this already went to court; you and the landlord reached an Agreement which the court accepted; and now the landlord alleges you have not complied with all the terms. If you want to contest the Declaration, you must do so within 4 days of first being served it. Be aware the burden of proof starts with the landlord proving you did not fully comply, but if your argument is that the landlord agreed to modify the Agreement after it was signed in court, then the burden of proof will be on you to prove that there was a mutually agreed to modification and that you complied with the modified Agreement. If this is the case, hopefully you have the modifications in a writing signed by the landlord. If it is only a verbal modification which the landlord now denies, and your only proof is your testimony of the changes and specific new terms, you can prevail depending upon what the Judge believes, but it is unlikely. If however the landlord accepted partial rent in response to a 72 hr notice and you have not yet appeared in court, then you may well have a defense. Consider reviewing everything with a local landlord-tenant attorney if you really want to know how things are likely to proceed.
Q. In Oregon, can I sue a property management company for invasion of privacy and emotional distress?
A: You were free to deny them entry anytime you wished - even after they were there. You simply tell them to leave and if they do not, you call the police. If the enter despite your telling them no, you may be entitled to recover a month's rent for each such unlawful entry. But do understand that case law is clear on the matter - you must have clearly and unequivocally told them not to enter. "It's inconvenient" or "I'd rather you didn't" or other such forms are not likely to cut it - No means No but you have to be very clear that you are telling them No. Given that you could have told them to leave anytime, I doubt you have a case for invasion of privacy and emotional distress damages are not available in landlord-tenant matters in Oregon. Further, unless your written lease expressly provides for it, email and text messages are not legal forms of notifying either a tenant or a landlord of anything, including 24 hr notice of intent to enter and/or it's denial.
Q. What happens if a tenant has paid but decides half a month after the contract, not to move in?
A: Once she signed a month to month lease, she owed you at least 30 days written notice in order to terminate her tenancy - and she owed you rent through that 30 days, so I don't see, given your facts, how you owe her a penny back, and she may owe you more, depending upon when/how she notified you she was terminating her tenancy. You might owe a security deposit refund, or at least a written accounting for how much you are keeping, and you would owe that within 31 days of having had restoration of the premises to you. Be sure to mail it to her last known address by regular first class mail. She can make lots of threats but is not too likely to actually file suit against you, particularly if she talks with an attorney. If she files in small claims court and sues you for more than $750, you can force the lawsuit out of small claims and into regular court where she would normally need to have an attorney or at least be at a substantial disadvantage if you have one. Is she prepared to pay an attorney up front?
Q. My boyfriend was arrested for domestic violence and I am not filing charges but the state is. He did not hit me.
A: The bottom line is you cannot make this go away, only the District Attorney or the Judge can. It maybe that the D.A. will not pursue the case, particularly if you do not cooperate, but it is up to them. You can talk with your boyfriend's attorney to see if you can help with his defense but again, in the end, how to best defend him is not your call. Do understand that it is common for domestic violence victims to not cooperate with any prosecution and to want the restraining order dropped so they can get back together with the abuser. So regardless of the true facts in your specific case, you should anticipate that all concerned - your boyfriend's attorney, the District Attorney, the Judge, and the Police - are likely to be very skeptical of your assertions and to substantially discount your credibility. You should anticipate it.
Q. I began renting on June 21 &250$had no room just open area in upstairs living room.july22 gave all 90daynotice. OR.
A: You potentially have a variety of issues and claims outlined here, depending upon the exact facts. No, a landlord cannot raise your rent without at least 90 days prior written notice, though if you change rooms or otherwise change what you are renting, there may not be a requirement that you are given 90 days prior written notice regarding rent for the new place, only for raising rent on the same place. As for 90 days to terminate your tenancy, yes, that too is required and must be in writng, disclosing the required information and be lawfully served. If they want you out before then, and you are willing, let them compensate you for it. If the dwelling is within the Portland city limits, then there likely are additional hoops the landlord needs to jump through and failure to do so can render him financially liable to you. All in all, you need to gather all your documentation and review it with a landlord-tenant attorney in the area of your rental. Good luck.
Q. I have a rental in Hillsboro I am planning to sell. Do I have to notify my tenant before I list it for sale?
A: You don't have to notify the tenant at all, at least until it is time for them to pay their rent to a new owner. If, however, you intend to terminate the tenant's tenancy, then you do have hoops to jump through but even then, you have to have accepted an offer before giving the tenant's a 90 day no cause termination notice. There are a variety of requirements that may apply to that sort of situation, so if that turns out to be your situation, you may want to have a landlord-tenant attorney handle the notice and termination of tenancy procedures for you. Good luck.
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Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568