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
514 Questions Answered

Q. My landlord gave me a notice of rent increase letter in January 2019, but the pet rent was listed incorrectly.
A: Ultimately it would be up to the Judge to determine but I think the better argument is that rent is defined to mean "any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises." ORS 90.100(37) and therefore it encompasses the total raise...but it also may depend upon the exact wording of the notices. Perhaps you had a valid raise in rent before but the new notice may simply be invalid. Did the new notice simply raise the pet rent or did it reference correcting the prior notice? Lots of small details here that can potentially affect the answer but in the end, to the extent it is an unlawful rent increase (does it provide at least 90 days advanced notice?), you may be entitled to recover up to 3 months rent, plus your actual damages (if any), plus your court costs and your attorney's fees. Depending upon all these facts, it might still be the type of case that an attorney would take on contingency, meaning they would not charge you for their fees (beyond an initial interview fee to evaluate the case) but rather would rely upon collecting their fees from your landlord. So consider reviewing everything in detail with a landlord-tenant attorney to craft a game plan for how to handle the matter.
Q. I was behind 2 months on rent of 1000 a month. Paid 2000 to get current. Landlord trying to charge 250 late fee. Legal?
A: It depends - there are a variety of legal methods of computing and charging late fees. All, however, require that they first be specified in written rental agreement or they are not valid. Check your lease to see what it says and then, if you still have questions, consult a local landlord-tenant attorney. A single visit should be able to answer your questions.
Q. My property owner intends to sell and served us a termination of tenancy notice. Am I entitled to relocation assistance?
A: First, it depends if your rental dwelling is within the Portland city limits. If so, with the 90 day no cause termination notice should have come not only notice of your rights but also notice of how much you specifically have coming. The amount depends upon how many bedrooms you are renting. Any payment you have coming should be paid to you at least 45 days prior to the termination date specified in the notice. If the landlord has not complied with any of this, consider reviewing everything with a landlord-tenant attorney. You may be eligible for up to 3 months rent plus the relocation assistance plus any actual damages plus your court costs and attorney's fees.
Q. Can a DVC from Wyoming be used in Oregon and made to take classes in Oregon if it didn't happen in Oregon
A: Most likely yes. If he wants to get out of prison early, he must agree to comply with and be under the supervision of a parole officer. That officer has great latitude and authority to require his parolees to do a variety of things and certainly insisting upon the successful completion of domestic violence classes before allowing you contact makes a great deal of sense and is protective in nature.
Q. Renting in Oregon. Regarding ORS 90.260. 5 days late. Landlord opting for per-day fee. How does the fee cap work?
A: It sounds as if the landlord is trying to charge a per day late fee - which is only legal if that is explicitly specified in the written lease. Even then, a per day late fee charge cannot exceed 6% of a reasonable once a month late fee - i.e. if a reasonable monthly late fee is $100, then the daily late fee cannot be more than $6.00. A landlord can also charge (IF specified in the written rental agreement) a 5% of the monthly rent for each 5 day period, or part thereof, the rent is late. Or he can charge a flat amount, once per month. Regardless, it has to be clearly spelled out in the written rental agreement or it is not enforceable at all. The rental agreement must also specify the date rent is first due and the date when a late fee becomes due.
Q. I gave 90-day eviction notice to my tennants. 90th day is last day of rental agreement. They're still bound 'till June1?
A: Your posting raises several potential issues, some of which require further information before being able to be answered, most notably whether you can terminate the tenant's tenancy under the new State law. Some of your questions though are quite answerable. First, the tenant owes rent for every day they are in possession, even if those days are after their tenancy terminates pursuant to a written lease agreement. If you have a term lease, the tenants are presumably also liable for full payment of rent until the end of the lease (or for an early termination penalty if that is in your lease) even if they terminate early, so long as reasonable efforts are made by you to mitigate your damages. To the extent that you can lawfully terminate their tenancy upon the termination of their lease, and have complied with any/all requirements on your part, then yes, you likely can have their termination enforced by your local court through the eviction process, though you also may be liable for payments to the tenants if required under either State law or Portland Ordinance. Lastly, if you sent your notice to the tenants ONLY by certified mail or other form that they had to sign for it, then you likely have NOT issued an enforceable termination notice and legally speaking, it is likely equivalent to never having sent them anything at all. ALL written notices required under Oregon's Residential Landlord-Tenant Act MUST be either delivered in person; mailed regular first class mail with an additional 4 days (including the day of mailing) added to the compliance date for the mailing; or, if your written rental agreement provides for it, by posting and mailing a copy of the written notice to the tenant (again, by first class mail). You can send by certified return receipt mail in addition if you wish, but not instead of, regular first class mail. If you mail, it is recommended (but not legally required) that you mail it while obtaining a Certificate of Mailing (NOT to be confused with Certified Mailing). All in all, you may wish to review everything with a local landlord-tenant attorney now if a timely termination is important to you.
Q. I need an attorney.
A: It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.
Q. Milwaukie Oregon - 68% rental increase with “day 1” of the 90day notice being 2/27- day 608 too effect. Is this ok?
A: No one can tell you whether the notice is valid without seeing it but first, the governor signed the bill into law, and it became effective, Thursday, Feb. 28, so if your notice was postmarked on Feb 26, it is not defective because of the date it was issued. If you want to know for sure, you need to take both your lease and the notice to a landlord-tenant attorney for review. Depending upon whether the landlord bills you for any utilities (water? sewer? trash?), you might want to have the attorney review those charges as well since many complexes are in apparent violation of those requirements. Good luck.
Q. Regarding new rent laws I received no cause 60 day on Jan 11 outdate isMar 11. Is this still legal?
A: Assuming your 60 day notice was otherwise fully valid and lawfully served, the new landlord-tenant bill signed by the Governor on Feb. 28 does not invalidate your notice - it applies to those notices issued on Feb 28 or later only.
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Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
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Telephone: (503) 283-4568