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?
- Consumer Law
- Landlord Tenant
- Personal Injury
- Animal & Dog Law
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.
- 9th Circuit
- English: Spoken, Written
- Lewis & Clark Law School
- J.D. (1993)
- Honors: AmJur Award in Alternate Dispute Resolution, Winner of Mock Trial Competition
- Knox College
- B.A. (1975) | Anthropology
- Activities: On Student Government
- Consumer Law Northwest
- Q. Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?
- A: These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends to occupy the rental dwelling as their primary residence, then a landlord can give a 90 day no cause termination of tenancy notice (along with any relocation assistance payments required) if they jump through the right hoops. BUT such actions are banned during the Covid pandemic and will continue to be until at least January 1, 2021. IF they want you out, and you are willing to go, they may be willing to pay you to move. Good luck.
- Q. I am purchasing home from landlord and signed a contract, but turns out someone else is on title who did not sign-off.
- A: No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local real estate attorney. That said, you are correct that no without cause termination of tenancy notices are not lawful to issue in residential landlord-tenant situations during the pandemic. Further, if the Notice was only served to you by email, it is a defective notice besides. Termination notices MUST be in writing - NOT text, email, voice mail, verbal, etc.; contain all the required specific information, and must be served either by personally handing the notice to you; by regular first class mail (NOT Certified, etc.) with an additional 4 days, including the day of mailing, added to the compliance time; or, if your written rental agreement provides for it, by posting it on your main entrance door and mailing you a copy. Given none of this apparently happened, the landlord's termination notice was not valid and most likely is not enforceable no matter what. You may also have monetary damage claims against the landlord for the unlawful notices. So you may also want to review it all with a local landlord-tenant attorney. If your claim is solid, you likely have a claim for your court costs and attorneys fees as well as monetary damages all from the landlord. You have 1 year from the date the unlawful notice was issued to file a lawsuit if you wish to. After that it will be too late, regardless of the merits of the case. Good luck.
- Q. My landlord is charging a $195 late fee for rent (they cashed my check a day before the check was dated on the 4th)
- A: You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord to send unpaid late fees during Covid to collections. I don't understand your reference to being charged a late fee before the fifth day of the month, presuming rent is due on the 1st. A tenant has a 4 day grace period before a landlord may consider rent "late" and charge a late fee. The amount of the late fee is questionable to me as well. All in all, you may be entitled to recover monetary damages, plus your court costs plus your attorney's fees all from the landlord if your claims pan out as well as they appear to in your posting. So do see an attorney. It is the sort of case which an attorney might well represent you on a contingency whereby you would not owe the attorney anything for their time beyond the initial evaluation interview. Rather they would count on collecting their fees from the landlord upon either prevailing or settling the case (highly likely once the landlord figures out that he is ultimately paying for both his attorney and yours - so how long does he want to argue at the combined attorney fee rate of $600-$800 per hour or more? Good luck.