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
668 Questions Answered

Q. Can I legally evict a tenant who repeatedly pays the rent/utilities extremely late?
A: You can issue a 30 day for cause termination of tenancy notice giving them 14 days to "cure" the problem or 30 days to get out. If they do neither, then you can proceed to evict based on the 30 day notice. IF there is no repeat late payment between day 14 and day 30, they get to stay just as if nothing had happened. However, IF they are late again during the next 6 months, you simply issue a 10 day termination notice which they have no right to cure.
Q. Tenant vacated house but left a car parked in the driveway.
A: NO! You would be abandoning a non-working vehicle on a public street, which, of course, is illegal. I would first see if the police will have it towed since it is on private property and blocking access. If they refuse, there is a whole process for dealing with tenant abandoned cars that you likely should follow - see ORS 90.425.
Q. Landlord question: one lease agreement with 3 persons, one moves out - can we start new rental term with the other two?
A: If the current lease is signed by 3 co-tenants and one wants out at the end of the lease term, then arguably they are the ones not renewing (as long as you offer to renew but only to all 3). Entering into a new lease with just the remaining 2 is certainly an option if all of you agree, but understand it would not let you "start over" in calculating the year's residency. The year is determined from when they first took possession, regardless of how many leases or other agreements they were part of.
Q. My landlord entered my house while I was away on a work trip, they did not call me.
A: Your consternation is understandable but IF they posted the notice on your door at least 24 hours before they actually entered, it most likely is legal since posting it on your main entrance door is a lawful way of serving you with the notice. Want to avoid a repeat in the future? When you leave town, post your own note on the front door telling the landlord not to enter until after you get home and arrange it with you. Then if he enters in contravention of your note, you likely would be entitled to recover a month's rent for each such unlawful entry.
Q. Two different leases for one house and three roommates?
A: Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not pay her rent; only if all the people on your lease collectively do not pay the rent are you potentially vulnerable in such a situation.
Q. Sent 72hr notice nonpayment on 1/9/19, posted, mailed 1st mail, and email, on 1/14/20 still didn't receive any payment
A: No offense, but your posting does not make a lot of sense. You refer to serving both 144 hr and 72 hr notices; if both sides appeared in court, there would not have been a default Judgment since neither side defaulted if they showed up. It sounds likely that a new 72 hr notice needs to be properly drafted and lawfully served immediately. Note that you can NOT lawfully serve any landlord-tenant notice by Certified mail, not is it clear what personal property you seek to get back or how it is related to all this. Bottom line is you may want to simply make an appointment and review everything with a landlord-tenant attorney to precisely chart a course. Good luck.
Q. What is the Oregon prorate rent law for tenants that give 30 day Notice?
A: Assuming you are referring to residential landlord-tenant in Oregon, and the tenant had a month to month tenancy, the written 30 day notice was required for them to terminate their tenancy and they owe rent through the latter of when they actually move out or the end of their 30 days per the Notice. So it sounds as if they owe you rent through Feb. 4, 2020 unless you rent it before then. If rented before then, their rent obligation stops as of when the new tenant assumes responsibility for paying the rent. Be sure to provide a refund/written accounting for what you retain out of the security deposit within 31 days of their moving out. Good luck.
Q. Can a property manager text the amount of rent? And it be legal?
A: It depends upon what you mean. Text and email are convenient, informal, methods of communication between tenant(s) and a landlord. They are NOT, however, a legally valid way to provide written notice to the other. So if you are asking can a landlord provide you the legally required 90 day advanced notice of a rent increase by text or email ONLY, the answer is NO. They can of course provide it to you by text or email in addition to lawfully serving you written notice. IF they have done this, you may wish to simply stay silent until the rent increase is supposed to go into effect, thereby gaining an additional 90 days before it could become effective. If you have questions or further problems, consider reviewing everything with a local landlord-tenant attorney to learn your rights and obligations in your specific situation. Good luck.
Q. My landlord gave me a 10 day no cause eviction notice. LL locked me out of the house. Landlord then packed up
A: Assuming you are referring to residential landlord-tenant in Oregon, there IS no such thing as a 10 day no cause termination of tenancy notice - you are entitled to 90 days prior written notice and even then only for a permissible reason. Locking you out is not lawful and likely entitles you to recover up to 2 months rent, plus your court costs and attorney's fees. You may wish to retrieve your property when you can to protect it. But the landlord has no right to dispose of your property without having gone through all the notices and procedures required by ORS 90.425 - and that only starts after the tenant has restored possession to the landlord. So consider reviewing everything with a local landlord-tenant attorney. Good luck.
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Contact & Map
Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568