Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

On the 19 got a letter saying to vacate dec 31with cause.

Customer Question
On the 19 got...

On the 19 got a letter saying to vacate dec 31with cause. Six violation five are false. Never got a warning. What right do i have? 12mo lease till June

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Landlord and tennit

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She my boss very controlling

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
12/6/2017
Lawyer: LegalKnowledge, Attorney replied 4 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,897
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Legal Question
Lawyer: LegalKnowledge, Attorney replied 4 months ago

What State is this in?

Ask Your Own Legal Question
Customer reply replied 4 months ago
Oregon landlord and tennet
Lawyer: LegalKnowledge, Attorney replied 4 months ago

Thank you. Please allow me a moment to respond.

Ask Your Own Legal Question
Lawyer: LegalKnowledge, Attorney replied 4 months ago

Based upon what you shared, it would appear that the proper notice was never given, with a chance to cure. I say that because I have shared below, the statute which controls and as you can see, notice and time needs to be given and if that did not happen, you would have a defense

2015 ORS 90.392

Termination of rental agreement by landlord for cause

  • • tenant right to cure violation

(1)Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), unless the tenant cures the violation as provided in this section.

(2)Causes for termination under this section are:

(a)Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 (Late rent payment charge or fee) or a utility or service charge under ORS 90.315 (Utility or service payments).

(b)Material violation by the tenant of ORS 90.325 (Tenant duties).

(c)Failure by the tenant to pay rent.

(3)The notice must:

(a)Specify the acts and omissions constituting the violation;

(b)Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and

(c)If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:

(A)At least 14 days after delivery of the notice; or

(B)If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155 (Service or delivery of written notice). For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.

(b)If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.

(5)(a) If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.

(b)A landlord may not terminate a rental agreement under this subsection if the only violation is a failure to pay the current month’s rent.

(6)When a tenancy is a week-to-week tenancy, the notice period in:

(a)Subsection (3)(b) of this section changes from 30 days to seven days;

(b)Subsection (4)(a)(A) of this section changes from 14 days to four days; and

(c)Subsection (5)(a) of this section changes from 10 days to four days.

(7)The termination of a tenancy for a manufactured dwelling or floating home space in a facility under ORS 90.505 (Definition for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of park) is governed by ORS 90.630 (Termination by landlord) and not by this section. [2005 c.391 §7]

Ask Your Own Legal Question
Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Legal Question
Was this answer helpful?
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,897
30,897 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
I have a question about adverse possession in the state of
I have a question about adverse possession in the state of arizona … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,600 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
How do you adversely possess a cond. Texas. How to adversely
how do you adversely possess a cond JA: What state is this in? It matters because laws vary by location. Customer: texas JA: What steps have been taken so far? Customer: how to adversely possess a con… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,837 satisfied customers
I am in possession of a EEOC - Philadelphia district office
I am in possession of a EEOC - Philadelphia district office Discovery Order in Gerard Stevens V John F. KELLY Secretary Department of Homeland Security (it should be Kirsten M Neilson). I received the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
My son recently was ticketed on a possession of marijuana
My son recently was ticketed on a possession of marijuana and alcohol charge in the past month. He had not been drinking, but the police found a water bottle with a little vodka in the trunk of my car… read more
LegalKnowledge
LegalKnowledge
Attorney
30,897 satisfied customers
Does the "State Government" exception to Adverse Possession
Does the "State Government" exception to Adverse Possession include Local Government, such as a Township? … read more
socrateaser
socrateaser
1,031 satisfied customers
How many years do I need to ask for an adverse possession in
How many years do I need to ask for an adverse possession in az … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,420 satisfied customers
My Husband was arrested for attempted assault and possession
My Husband was arrested for attempted assault and possession of a weapon, which he did not have. They said he used a wooden pizza paddle to hit a man. If he hit someone would he had been charged with … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I was charged in 1996 for marijuana possession. Grundy
Hi I was charged in 1996 for marijuana possession. Grundy County Illinois. I'm being fined, and they forwarded it to a collection company. Is there any statutes of time? Or can I get fines waved? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,156 satisfied customers
My landlord wants possession of my apt on April 1, 2018. I
My landlord wants possession of my apt on April 1, 2018. I have been living month to month. The reason is because of their personal financial hardship. I have 2 children in the school district and I c… read more
LegalKnowledge
LegalKnowledge
Attorney
30,897 satisfied customers
Local agency possesses Easement document and use it to
Local agency possesses Easement document and use it to approve a permit. Is this document a public record? Thanks.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
I was arrested and charged with possession of cannabis 2.5 g
i was arrested and charged with possession of cannabis 2.5 g in Avondale AZ with and was processed and taken home. I was not driving and when asked if i had anything I immediately surrendered. while b… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
My former employer is in possession of one item of personal
My former employer is in possession of one item of personal property and will not respond to requests to release back to me … read more
LegalGems
LegalGems
Juris Doctorate
11,586 satisfied customers
I need to file a motion to stay for a Writ of Possession in
I need to file a motion to stay for a Writ of Possession in TN. Is there a fillable form available that you know of? … read more
Lori
Lori
Juris Doctor
1,056 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Signed auto lease agreement but have not taken possession.
signed auto lease agreement but have not taken possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
I did not sign a lease upon taking possession of a
I did not sign a lease upon taking possession of a commercial property I am now being asked to sign a lease that will go for a year from the date that I took possession. What advice can you give me on… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,600 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x