Duder's Legal Corner

jerryjerry Riding Level: 4,327
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  • MiguelMiguel Riding Level: 2,310
    Dicks
  • KendraKendra Riding Level: 1,356
    I've been getting harassed by a company claiming to be a debt collector, but everything linked to their phone number and buisiness name says it's a scam. They have called my mom, my brother, my work twice, and me several times. I've never gotten anything in the mail about any dept and I don't owe anyone any money. They called my work this morning and told my coworker that a uniformed officer was going to be coming to my work to serve me papers and my coworker told him he didn't give a shit and not to call anymore. But this has been going on for a few months and it's pissing me off. What can I do? Just keep ignoring? Or should I report it?
  • rofljenrofljen Riding Level: 2,438
    @Kendra said:
    I've been getting harassed by a company claiming to be a debt collector, but everything linked to their phone number and buisiness name says it's a scam. They have called my mom, my brother, my work twice, and me several times. I've never gotten anything in the mail about any dept and I don't owe anyone any money. They called my work this morning and told my coworker that a uniformed officer was going to be coming to my work to serve me papers and my coworker told him he didn't give a shit and not to call anymore. But this has been going on for a few months and it's pissing me off. What can I do? Just keep ignoring? Or should I report it?
    https://www.fcc.gov/guides/unwanted-telephone-marketing-calls

    send me a FB message and I will see if I can talk to a couple lawyer friends about any other things you should do.
  • rofljenrofljen Riding Level: 2,438
    I live in a privately owned house, my landlady is having the kitchen, dining room and living room remodeled. We won't have use to the kitchen (stove, oven, diswasher) except for toaster over and microwave in the garage. My roommate and I use the kitchen to cook every day, primarily the stove and oven.

    We talked to our landlady and asked about prorated rent due to the inconvenience and higher food costs we will have as a result of the construction and she was receptive but wanted us to ask for a specific number.

    Any idea what number I would use ? An average amount we could give her or somewhere that would give us a good place to start?
  • MiguelMiguel Riding Level: 2,310
    $20/meal a day atmo
  • wookiewookie Riding Level: 1,146
    No kitchens, no master bathrooms.
  • DuderDuder Riding Level: 218
    I did not start this thread. This thread does not contain legal advice. I do not represent any person posting on this thread. None of the posts or responses on this thread create an agency relationship.

    Generally, rent would be decreased by the amount the construction would change the fair market value of the rental. If all kitchen facilities are unusable, that could be as much as half, but it would be a fact based inquiry. Most of ORS Chapter 90 deals with litigation rather than the parties making private agreements. If you want something concrete when negotiating with the landlord, read the following:

    ORS 90.320
    ORS 90.360
    ORS 90.365
    Lane v. Kelley, 57 OR App 197, 201 (1982)


    "a proper measure of damages for breach of the warranty of habitability under [ORS 90.320] is the difference between the fair market rental value of the premises as measured by the rent reserved under the lease and the fair market rental value during the period of the breach."
  • DuderDuder Riding Level: 218
    Essentially, you have to show what percentage the fair market value of the rental is decreased by the ongoing construction.

    i.e. how much would someone pay for a house without a kitchen?

    (as an aside, it is illegal to rent a dwelling without certain essential services but I assume your lease agreement includes all essential services and this is temporary work)
  • KendraKendra Riding Level: 1,356
    IN 2010 I lived in a 100sqft efficient studio that only had a sink and a mini fridge and I used a toaster oven and hot plate. And my rent was $230 including utilities.
  • wookiewookie Riding Level: 1,146
    edited October 2015
    Gatdamn, @Kendra. I was paying $320ish for the same thing, and my apartment came with hundreds of pet roaches. Was yours furnished? Where was it?
  • TheDudeTheDude Riding Level: 871
  • KendraKendra Riding Level: 1,356
    edited October 2015
    @wookie said:
    Gatdamn, @Kendra. I was paying $320ish for the same thing, and my apartment came with hundreds of pet roaches. Was yours furnished? Where was it?
    27th and Sandy. no, not furnished and I didn't have roaches, but at some point they updated something electrical (I think they changed a light fixture) and then every time i turned my wall heater on the fuse for the entire floor would pop. it was a cold winter.
  • mixtiememixtieme Riding Level: 496
    Omg, I don't believe it's Jerry O'Connell. I was gunna say keanu Reeves would be a better trashy livin' bro.
  • MacheteMachete Riding Level: 151
    @TheDude said:
    I had forgotten about this movie.
  • rofljenrofljen Riding Level: 2,438
    we were able to receive a $200 reimbursement on rent. Landlady was very understanding.
  • MiguelMiguel Riding Level: 2,310
    That's like 50 well cocktails. Perfect!
  • MiguelMiguel Riding Level: 2,310
    @duder in your professional opinion is a $200 reduction in rent a perfect excuse to buy a case of HRD vodka and a brita filter?
  • KendraKendra Riding Level: 1,356
    @duder what kind of lawyer are you? And can you work on Washington cases?
  • DuderDuder Riding Level: 218
    Civil defense. Not licensed to practice law in Washington.
  • tvcbtvcb Riding Level: 1,386
    Can you reccomend someone to write up an NFA trust for me? Something under $300 would be awesome but really i just want someone real and local (as opposed to using quicken will maker or an online entity).
  • TheDudeTheDude Riding Level: 871
    Can you recommend a lawyer who specializes in copywriting law? I need to sue a very large company who used my photo without permission.
  • tvcbtvcb Riding Level: 1,386
    Just send the company an invoice for use of your image.

    I have seen it work.
  • wookiewookie Riding Level: 1,146
    @tvcb said:
    Just send the company an invoice for use of your image.

    I have seen it work.
    Sometimes works for goods and services you haven't rendered as well.
  • CekteCekte Riding Level: 1,166
    @TheDude said:
    Can you recommend a lawyer who specializes in copywriting law? I need to sue a very large company who used my photo without permission.
    Oh lordy, details plz
  • DuderDuder Riding Level: 218
    @tvcb said:
    Can you reccomend someone to write up an NFA trust for me? Something under $300 would be awesome but really i just want someone real and local (as opposed to using quicken will maker or an online entity).
    Not hyper local but I know this Eugene firm does NFA Trusts and are smart and probably in your budget.

    http://arnoldlawfirm.com/gun-trust-lawyer-oregon/
  • DuderDuder Riding Level: 218
    @TheDude said:
    Can you recommend a lawyer who specializes in copywriting law? I need to sue a very large company who used my photo without permission.
    I have a very smart hard working classmate that works at this firm as a new associate. He does not take clients directly. I am sure it's a great firm. They may charge for consultation though.

    http://klarquist.com/services/#litigation
  • bicyclefunkbicyclefunk Riding Level: 695
    So I'm trying to move out of my place this month and have someone prorate for half.
    Problem is that we just had people come in to inspect the 2 bdrm unit we have, it's a piece of shit btw. They basically implied that there is irreparable damage due to warping on the front door (hard to lock the deadbolt) and the place is due for a remodel.
    Ie, we're probable going to get evicted.

    Thing is now I can't possibly find someone to rent half a month and if they decide to give eviction notice end of this month, then I'd have to pay for that month too!

    Btw, I'm on a month to month lease with someone else, and I can only get off it if we both end the lease (which I don't think my roomate is going to give up the fight) or I transfer my half of the lease (essentially impossible at this point)

    What do I even do here?
  • MiguelMiguel Riding Level: 2,310
    i dont think you're on a lease if you're month-to-month

    unless they tell you there is damage (because you took photos of the place before you moved in?) then dont be scared
  • bicyclefunkbicyclefunk Riding Level: 695
    I am, it's a month to month lease and shit I didn't even think of that. the place was fucked before I moved in, and I didn't even pay a deposit. My friend got evicted last year and they tried to charge him for the renovations as damage. totally fucked up

    ps, the building has been bought twice this last year.
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