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
539 Questions Answered

Q. Can a landlord evict a tenant who is in hospital after stroke? Rent is current. Thank you.
A: Possibly - but the landlord would still need a lawful reason to terminate your tenancy.
Q. My lease is ending this month but we are still renting via verbal agreement. How much notice do we need to give to move?
A: No one can tell you anything definitive without carefully reviewing your lease. That said, normally you would have to provide at least 30 days prior written notice that you were terminating your tenancy or owe rent through up to 30 days after you left (if you left with no prior written notice). The landlord is obligated to provide you at least 90 days written notice terminating your tenancy without cause if he sells the dwelling, but cannot provide that notice UNTIL after he has accepted an offer to buy the place from a buyer who intends in good faith to occupy the dwelling as their primary residence AND the landlord provides you written notice of the sale. Your landlord can waive any requirement of notice from you if you wish to leave earlier, but is not obligated to. I suspect the 60 day notice requirement from you in the lease was never legally enforceable but again, no one can tell you much with certainty without reviewing the lease itself and any other associated documentation.
Q. In OR, been renting for a year + , month to month, & they just put it for sale. How much notice do owners have to give?
A: Just because your landlord is selling your rental dwelling does not mean they have to terminate your tenancy at all. A new owner would simply take over and you would issue your rent payments to him instead of the current landlord. IF, however, the landlord wants to terminate your tenancy due to sale of the dwelling AND you do not live in the same dwelling as or on the same property as the landlord AND you are on a month to month tenancy, then the landlord must provide you at least 90 days prior written notice but only AFTER he has accepted an offer to purchase the dwelling separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person's primary residence AND the landlord provides the Notice and Written Evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase. If the landlord violates this, you likely have a defense to any eviction action plus you may be entitled to recover from the landlord up to 3 months rent plus any actual damages, plus your court costs plus your attorney's fees. 30 or 60 days Notice may apply IF your dwelling unit is located in the same building or on the same property as the landlord's primary residence and the building or property contains no more than 2 dwelling units AND you have been there for more than 1 year.
Q. I'm disabled an on sec 8, how long after the fact dose my mgr have to inform me I have a late fee from Feb ?
A: 1 year from when it was first due.
Q. We were given a 90 day No-Cause Eviction on May 1st. We have found a place to rent and would like to move sooner.
A: Ultimately it depends upon the wording of your 90 day notice but most such notices don't say that your tenancy terminates anytime up to day 90 but rather on day 90. If so, and you want to terminate before then, then you are obligated to give a 30 day written notice (not email, text, verbal, etc.) or pay rent for up to an additional 30 days after move out or day 90, whichever comes first. That said, there are only a very few number of reasons a landlord can give a valid 90 day no cause termination notice and, if you are within the Portland city limits, you likely are also potentially owed relocation assistance payments from the landlord as well as written notice of your rights with the 90 day notice and again with the relocation assistance payment (due at least 45 days prior to the termination date in the 90 day notice). Not being served that written notice of your rights may be worth up to 3 months rent plus your court costs plus your attorney's fees. Does your issuing a 30 day voluntary termination notice negate a landlord's duty to pay relocation assistance pursuant to his 90 day notice? Unclear - just one of the many ambiguities in the various statutes and ordinances. Questions on all this? Want to know your rights? Review everything with a local landlord-tenant attorney. Good luck.
Q. Lease is ending Aug 31st. Roommate & I are co-tenants on lease. Does the LL pay me back the sec dep or roommate?
A: Assuming you and your roommate are co-tenants on the same lease and either of you gives proper written notice of non-renewal, both of your tenancy ends and the landlord owes you a refund of any part of the security deposit not claimed for damages. If the landlord has a brain in his head, he will issue a check with both your names on it and let the two of you determine who gets how much. He otherwise risks one tenant suing him for failure to return their share. Even if he splits it 1/2 and 1/2, he has no idea for sure if one of you deserves more or less than an equal share. If, for example, he deducts $X.00 for damage, maybe one of you is the one that did that damage and thus should absorb all of the cost or maybe you both are responsible and thus should split the damage cost 50/50. Regardless, the landlord must provide either a written accounting for how much he is retaining out of the deposit and why or a refund within 31 days of your restoring possession to the landlord. If the roommate stays, he should be entering into a new rental agreement with a new security deposit, etc. Note that this all applies if you stay through the end of an existing lease term and don't renew or extend it on a month to month basis. If you are breaking the lease early, there may be different time frames and different potential liabilities. Either way, once you have left and restored possession to the landlord, you should be off the hook for any additional damages (as long as you are not breaking the lease early). You would be wise to document the condition of the premises after you have moved out - pictures of everything so you can prove what was and what was not damaged when you left. Good luck.
Q. Do I have to send a first class letter to my landlord to confirm non renewal of fixed term lease? LL responded to email
A: Yes, to be legally enforceable a tenant must send the landlord written notice of his intent not to renew the lease. That means on paper and either served in person or by mailing it regular first class mail - NOT by Certified Mail. You must add an additional 4 days to the compliance date to allow for the mailing (4 days includes the day of mailing).
Q. Do I have to move out of my home with a 72 hour notice?
A: A 72 hr notice is only for failure to pay rent - and if you do not timely pay your rent, then yes, you are highly likely to have your tenancy terminated and forced to move out. I am not clear whether the contract is just between you and HUD or if it is also with the landlord, essentially being a fixed term lease keeping you there at least until March 1st next year. Even if it is a fixed term lease, you still have to pay your rent. Yes, the notice tells you to either pay or get out within 72 hours. In reality, if you do neither, then they have to go to court to evict you which provides you at least a couple more weeks to actually move.
Q. Can a maintenance man get one of my friends in trouble because i stopped by for a few minutes with loud music playing?
A: Yes, your friend/tenant can be in trouble for your behavior while on-site. It can form the basis for issuing your friend a 30 day for cause termination of tenancy notice (assuming there are no prior such notices for noise in the last 6 months). If, however, there are no repeat violations within the next 6 months, then no permanent ramifications. If there are repeat violations, be it with you or anyone else who is a guest of the tenant, your friend could end up being evicted if management wants to push it. Simply show some respect for both your friend and the other tenants who all that place home.
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Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568