Gregory L Abbott

Gregory L Abbott

  • Consumer Law, Landlord Tenant, Collections...
  • Oregon, Washington
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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
425 Questions Answered

Q. In OR, we have issued a 30 day no cause termination for tenants. Tenants keep asking why? Legally, can we answer?
A: You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person giving the notice need not prove the reason for the termination in a court action. Removal of the smoke detector likely violates local fire codes and could subject you to a fine - as well as, of course, loss of your house if a fire ever did occur. Many leases provide for you fining the tenants $250 for tampering with the smoke detector. If yours does, consider deducting it from any security deposit refund. These tenants appear to have little to no consideration for you and it is time for them to go. If you have to actually evict them in court, consider consulting a local landlord-tenant attorney. The process is technical and you MUST comply exactly with all the rules and procedures or risk having your eviction suit tossed out, with you owing the tenant their court costs and attorney's fees while they stay in possession, now emboldened and you have to start over from scratch. Generally it is cheaper and faster to get things right the first time, even if it costs you a bit out of pocket. Good luck.
Q. Can I tow or remove a living trailer away from my property that has 10 lbs of marijuana stored inside? owner is in jail
A: Possession of 10 lbs is likely to be illegal. Your safest bet is to simply report it to the police and go from there. They might even tow it off for you as evidence.
Q. Our landlord said we had to allow him to stay in our home to make repairs. After 19 days we asked him to leave.
A: Not clear what you mean by he "evicted" you three days later but it sounds as if you may have a variety of potential claims against the landlord and possibly to any eviction lawsuit. Only way for you to really know much is for you to review everything in detail with a landlord-tenant attorney. Good luck.
Q. Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this
A: It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.
Q. How do we get our Rnt2Own deposit back from landlord if we cant buy home?
A: I am not clear as to your fact pattern but normally your rights regarding any refund are specified in the written lease/buy agreement. When you say no lease in writing, that truly is concerning. If you have no written agreement specifying the terms of this supposed rent to own, you likely have no legally enforceable agreement at all. Whether you can recover any of the funds you paid in sounds problematic at best. Even if you get a court Judgment saying the "landlord" owes money to you, how do you collect? Perhaps by putting a lien on this rental property and foreclosing? Does he have any other assets? On a practical basis, if you do not assets to move, it seems unlikely that you have adequate assets to fund a legal battle either. Hopefully I am misunderstanding your posting but I am not seeing anything very encouraging here. The fundamental mistake is not seeing an attorney when you entered into a rent to own agreement and in not having a written agreement. As a general rule, any ownership interest in real property must be in a signed writing or it is not enforceable.
Q. Raised rent for old renters, they leave. Newer renters has lower rent. Is this a problem for me.
A: Not unless they can show you raised the rent on them for an impermissible reason - discrimination, etc. A landlord can charge whatever amount of rent they wish in Oregon (including more than a 10% raise in rent - it just may trigger a relocation assistance payment if in City of Portland). If you raised rent in good faith; can show you tried to re-rent at the higher amount but had to lower it to get a tenant, you likely are fine.
Q. Does the renter have the right to tell me when the gardener can come to mow and blow the lawn?
A: It depends in part what your lease says. Absent provisions in it, you have to provide at least 24 hrs advanced notice each time you or your agent (i.e. gardener) want to access areas where the tenant has a right to exclude. The tenant then has the right to refuse you entry so long as they do not do so unreasonably. Ultimately it would be up to a Judge to decide whether this would be reasonable but my guess is a Judge would say, knowing your tenant's hours, it would not be unreasonable for them to deny entry at that hour. He cannot easily change his work hours whereas you can hire a different lawn service if your existing provider cannot accommodate the tenat's schedule. Regardless, a landlord can only access the dwelling during reasonable hours - reasonable according to a tenant's known schedule. So I suspect the tenant would win this one if it came before a Judge.
Q. Do I have to continue renting to the current roommates, if one of the roommates decide to leave?
A: If all are on the same lease, and one leaves, that terminates the tenancies of all. Regardless, you have no obligation to renew the lease even if they all wanted to stay. If the rental is within the Portland city limits, and all wanted to stay, if you refused to renew it might trigger an obligation to pay relocation assistance but not if different parties to a new lease. Just be sure to comply with whatever notice provisions may be in your lease; don't sign a new lease; don't accept any rent for beyond the termination date; and file to evict any that do not timely leave. Need help? Contact a local landlord-tenant attorney.
Q. My son's prescribed dog bit someone and now I have an eviction notice. Can they evict me for a first time offence?
A: Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are out by the time of the first court appearance, and you show up at the appearance, the case should be dismissed so you won't have an eviction on your rental record. While your current or future landlord cannot legally prevent you from having a service animal or emotional support animal, they can ban that particular dog now that it has a bite on its record. The victim's parents can also sue if they wish and if a complaint is made to your local animal control agency, you and the dog could face additional restrictions and/or penalties, though you may have defenses depending upon the exact set of facts.
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Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568