Gregory L Abbott

Gregory L Abbott

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

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
    Class Action, Lemon Law
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
    Collections
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    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
904 Questions Answered
Q. Can first-month rent be prorated using the 365 days in the year formula?
A: Some, but not all, leases specify the formula to be used in calculating daily rent prorations. If it does, then the landlord is locked into using the specified formula. Otherwise, there is no legal requirement as to how to pro-rate daily rent in Oregon and I am used to seeing at least 3 different methods. I advise my landlord clients to multiply the monthly rent by 12 and divide by 365 to get the fairest pro-ration - it treats every day of the year as being the same - i.e. the pro-rated rent for a day in February with 28 days is the same as in May with 31 days. Essentially it is the landlord's choice, absent a contractual agreement. So long as there is a rational explanation for how the landlord got to the formula being used, it is likely to be fine with the court. Typically the difference between different formulas is less than a dollar a day and not enough that a Judge would waste much time on.
Q. We were locked out illegally, and unable to access some of our things. What is the best way to get my things back?
A: The exact details are critical here to determining whether you have a strong case or perhaps no case at all. Review everything with a local landlord-tenant attorney if you want to find out your specific options, costs, and likelihood of prevailing. Good luck.
Q. Please letting is know how to legally avoid to pay the reallocation assistance fee to tenant under the below situation?
A: You appear to be just racking up potential violations that may come back to haunt you. You don't say what the existing/now expired lease provides regarding renewal but within the City of Portland, a landlord is required to offer a renewal lease unless you meet specific criteria. And in all of Oregon, after a tenant has been there for at least a year, at least 90 days prior written notice is required to terminate a lease. If a new fixed term lease has not been executed by the time a prior lease expires, it automatically rolls over into being a month to month tenancy. And accepting rent normally waives a landlord's right to try to evict the tenant, at least for that month. You cannot both take my rent money and then try to kick me out (as a general rule). Next, IF you are going to try to terminate a tenant's tenancy without cause, it can only be for a permitted reason - and those are very few, especially during Covid restrictions. Selling the dwelling IS a permitted reason to terminate a tenancy BUT you have to comply with all the rules or face financial penalties. A landlord must first have accepted an offer to purchase the rental dwelling and have a buyer certify that they intend to occupy the dwelling as their primary residence (if they want investment property instead, the tenant just stays and pays rent to a new landlord). When the landlord has accomplished those requirements, then and only then, may they issue a written (NOT text, email, voicemail, verbal, etc.) termination of tenancy notice to the tenant providing them at least 90 days prior notice (94 days if notice is only mailed, including day of mailing) that their tenancy is being terminated due to sale of the house. The tenant has to be shown a copy of the sale paperwork verifying the sale and buyer's certification of intent to reside there and relocation assistance has to be addressed. In Portland, a landlord has further duties of providing the tenant with a written copy of the tenant's rights and relocation assistance rights, along with a variety of other paperwork. Relocation assistance has to be paid to the tenant at least 45 days prior to the termination date. And the requirements go on and on...Portland Housing Bureau administers Portland's relocation assistance requirements and issues any exemption a landlord may be entitled to. But the exemption has to have been applied for and granted prior to giving the tenant the 90 day notice and a copy must be served on the tenant prior to serving them with the 90 day notice. Issue any notice without following all these procedures and you may find yourself being sued - with statutory damages being assessed in terms of multiples of month's rent. Issue a notice during the pandemic that you were not allowed to? That may cost you 3 months rent, plus the tenant's court costs and attorneys fees (likely thousands, if not tens of thousands of dollars). And it is only the start. Do yourself a favor and review everything in detail with a local landlord-tenant attorney before doing anything further. It likely will more than pay for itself in terms of money and penalties saved going forward. Good luck.
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Contact & Map
Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
Telephone: (503) 283-4568
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