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
383 Questions Answered

Q. So a eviction and end of tendacy are two different things?
A: A tenancy is ended when a tenant voluntarily (as in not done pursuant to a court order or Judgment of Restitution) vacates and restores possession to the landlord. An eviction occurs when a Judge issues a Judgment of Restitution to a landlord, ordering the tenant to vacate by a certain date. If the tenant still fails to vacate, then the Judge can issue an order directing the local Sheriff to go physically remove the tenant from the premises and trespass the tenant off the premises so if they return without the landlord's express permission, they can be arrested and hauled off to jail on the spot.
Q. So what's the difference between eviction and end of tentancy? How do they differ and does the landlord have a reason?
A: Your obligations to a new landlord are the same as to the old landlord unless and until a new lease or rental agreement is entered into that has different terms - then it governs. Yes, a new landlord can end your tenancy, just like the old one could, under the same processes. Either you or your landlord can terminate your tenancy, utilizing the required notice and legal procedures. Once that notice period and tenancy has been terminated, if you still have not vacated and restored possession to the landlord, the landlord can go to court and file a lawsuit seeking to evict you. If he prevails, and the Judge orders you out, then you have been evicted and will have an eviction on your rental record. If you voluntarily leave before the Judge orders you out, you likely will not officially have been evicted and likely will not have an eviction on your record though you risk the possibility once you request the matter be taken to trial.
Q. Can a landlord charge every month even if they give a 90 day end of tentacy?
A: Absolutely. A tenant owes rent through every day they occupy the property or their tenancy terminates, whichever comes last. Stop paying before then and you may be subject to being evicted before the 90 days are up and having an eviction on your rental record.
Q. Can I put a lien on someone’s home that I got kick out of if I bought and fixed their house to be wheelchair accessible
A: It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your services or even if you may be fined or otherwise penalized by the CCB.
Q. Do I need to provide a move out date to receive relocation assistance?
A: No, you have to request the payment of the relocation assistance money from the landlord within 45 days of being served the rent increase notice. The landlord then has 31 days to issue the payment to you. You will have 6 months from the effective date of the rent increase to either pay the relocation assistance money back to the landlord or to provide him with your termination of tenancy notice - and THAT would have to have a termination date specified. You do NOT have to specify such a thing now. IF the landlord fails to comply with this, or fails to provide you with written notice of your rights with the rent increase notice, consider reviewing it all with a local landlord-tenant attorney. If they confirm you have a strong case, you may be entitled to recover up to 3 months rent, plus the relocation assistance payment, plus your court costs, plus your attorney's fees from the landlord. Many attorneys would consider taking a strong case on contingency wherein you would not owe the attorney anything past the initial case evaluation fee for their time. Rather they would rely upon collecting their fees from the landlord upon either prevailing or settling the case. If, somehow, you did not win, your attorney would simply go unpaid. Good luck.
Q. I want an older family member to move out of my home but she has refused.
A: IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the time and cost. Neither are a do-it-yourself project so you need to simply review everything in detail with a local landlord-tenant attorney and go from there. Good luck.
Q. We have been renting to tenants for 3 years. A year ago their year lease was up and we made a verbal agreement of a rent
A: You really need to have a written rental agreement no matter what, regardless of whether it is a month to month tenancy or a fixed term lease. Yes, if they are willing, you can enter into a new written agreement; you can even require them to enter into a new, written lease or have their tenancy terminated. The monthly rent is the sticking point. As you note, any increase requires at least a 90 day written notice of the increase in order to be valid. Conceivably you can have a new written rental agreement that provides for the $1500 now and it goes up to the $2000 automatically in 90 days. As for the past "over-payment". Both of you have arguments in that they may have waived the right to complain and there is only a 1 year statute of limitations in landlord-tenant matters to begin with. A Judge, however, may find that even though they paid it, legally they have not waived any objection and they are owed a refund. It could go either way but my guess is the tenant might prevail on it, at least as far as getting a refund for the last 12 months of overpayment - beyond that I think would violate the statute of limitations. Questions? Review it all with a local landlord-tenant attorney. Good luck.
Q. I signed a lease, changed my mind less than 24 hrs after signing. Can I void the lease w/o the lease break fee?
A: You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted after inspection.
Q. My landlord filed for eviction. I moved out before court and she had possetion. Went to mediation and said she would
A: There is confusion here somewhere. First, if you had restored possession prior to the First Appearance, the landlord was obligated to dismiss regardless of any alleged debt. If she did not, you should have told the court and had it dismissed without the need of filing an Answer. If you somehow still went to trial and prevailed on a net basis, you should not have an eviction on your record (though there will always be the record of the case having been filed against you). The only time an illegal entry should come into consideration in an eviction action is if you were being evicted for failure to pay rent - or perhaps there is a separate case suing each other for money? If that is the case, the outcome of the monetary lawsuit would have no direct impact on the eviction case, though it might have been related and relevant. If court personnel can't or won't explain what has happened to you, any local landlord-tenant attorney can if you provide the court paperwork for them to review. Good luck.
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Consumer Law Northwest
6635 N. Baltimore Ave
Suite 254
Portland, OR 97203
USA
Telephone: (503) 283-4568