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Negligence is the act or failure to act. Put your apartment owner (who will be listed on the property tax records with county) and property management company (who you send your monthly rent check to) on notice there is an inherit danger to all tenants due to the conduct of trespassers. Include your photos if you can. Don't bother with the on site manager. You have to live with them. But if the owner and management company are on notice, fail to remedy it, they can be held liable for any one's damages or injuries. You do not have to point this out to them, they already know it.

Further, if there is any retaliatory activity towards you by management for being a whistle blower, that can get very expensive for the owner. If it gets to that level, hire a good tenant lawyer and kick their butts.

The Landlord Tenant Rules favor the tenant heavily and have teeth. Use them to your advantage. You do not have to take this. .
 

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I have one. Unfortunately my location is impacted by my divorce. My ex threatened me with lies that would have taken my kids from me. So I gave her all the things, including the house and the tax deductions for the kids. I took on all of the debt except her hidden credit card debt incurred immediately before the divorce. I incurred a $20K tax bill due to insufficient withholding since I was withholding as married with kids. I got a place in between the schools my kids attended. Ex didn't qualify for a mortgage and had to keep the existing one. I bankrupted out of the debt and the mortgage. Still paying Uncle Sam and my student loan. The bankruptcy will preclude me from renting elsewhere. I am rebuilding my credit score, and I can get a VA home loan in early 2022.
Ex demanded legal custody, which essentially means the ability to choose schools, make legal decisions, etc. Then she failed to make required decisions like scheduling medical appointments and registering the kids for school. So I ended up doing it. Due to the school district's screwy boundaries, the kids this year now are going to middle and high schools three miles away instead of two blocks and a quarter mile way. She doesn't arrange their transportation, so I drive them to their bus stop during her parenting week, and walk them to the bus stop outside the apartment complex during my parenting week making sure no creepy people are hanging out. If they are, I stay until the bus comes.

I can't get a VA home loan until two years after the bankruptcy discharge, which is a lot better than the seven years for a conventional mortgage. Next winter I am going to try for a VA loan and get out of here. I had no idea when I moved into these apartments what it would be like when I moved in, and couldn't leave once I got here. I'm shopping now so I know what my options are as far as neighborhoods near my kids' schools. I don't want to make them change schools, and ex won't lift a finger to get them to school. So I'm constrained by that, but my options seem acceptable.
Sounds like you need an attorney. What you have posted above is unreasonable and obviously part of your problem. I know I sound like a divorce attorney commercial, but you settled and she won big time. It's 2021, fathers win custody all the time.
 

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Discussion Starter · #24 ·
Negligence is the act or failure to act. Put your apartment owner (who will be listed on the property tax records with county) and property management company (who you send your monthly rent check to) on notice there is an inherit danger to all tenants due to the conduct of trespassers. Include your photos if you can. Don't bother with the on site manager. You have to live with them. But if the owner and management company are on notice, fail to remedy it, they can be held liable for any one's damages or injuries. You do not have to point this out to them, they already know it.

Further, if there is any retaliatory activity towards you by management for being a whistle blower, that can get very expensive for the owner. If it gets to that level, hire a good tenant lawyer and kick their butts.

The Landlord Tenant Rules favor the tenant heavily and have teeth. Use them to your advantage. You do not have to take this. .
I like this!
 

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Discussion Starter · #25 ·
Sounds like you need an attorney. What you have posted above is unreasonable and obviously part of your problem. I know I sound like a divorce attorney commercial, but you settled and she won big time. It's 2021, fathers win custody all the time.
There's a lot I left out. Sent you a PM.
 

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One thing that was missed here is the wording: "A political subdivision in this state shall not adopt or enforce any local law or regulation ...." What this law does is prevent local cities and counties from passing and enforcing additional laws already covered under Oregon state statutes.

That said, law enforcement has been so battered and beaten in the past few years (especially in places like Portland and Seattle) that patrol officers are basically no longer willing to put themselves at risk for minor violations that the prosecutors will not follow through on.

By the way, phoning in a false report (ie. I just shot the dirt bag) could get you arrested. They have the evidence on tape and even if the prosecutor won't charge you it can still be a real pain and expense to clear up.
 

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One thing that was missed here is the wording: "A political subdivision in this state shall not adopt or enforce any local law or regulation ...." What this law does is prevent local cities and counties from passing and enforcing additional laws already covered under Oregon state statutes.

That said, law enforcement has been so battered and beaten in the past few years (especially in places like Portland and Seattle) that patrol officers are basically no longer willing to put themselves at risk for minor violations that the prosecutors will not follow through on.

By the way, phoning in a false report (ie. I just shot the dirt bag) could get you arrested. They have the evidence on tape and even if the prosecutor won't charge you it can still be a real pain and expense to clear up.
It was a tongue-in-cheek joke. I mistakenly assumed that would be obvious


Sent from my iPad using Tapatalk Pro
 

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Discussion Starter · #30 ·
One thing that was missed here is the wording: "A political subdivision in this state shall not adopt or enforce any local law or regulation ...." What this law does is prevent local cities and counties from passing and enforcing additional laws already covered under Oregon state statutes.

That said, law enforcement has been so battered and beaten in the past few years (especially in places like Portland and Seattle) that patrol officers are basically no longer willing to put themselves at risk for minor violations that the prosecutors will not follow through on.

By the way, phoning in a false report (ie. I just shot the dirt bag) could get you arrested. They have the evidence on tape and even if the prosecutor won't charge you it can still be a real pain and expense to clear up.
Exactly.
 

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Further, if there is any retaliatory activity towards you by management for being a whistle blower, that can get very expensive for the owner. If it gets to that level, hire a good tenant lawyer and kick their butts.

The Landlord Tenant Rules favor the tenant heavily and have teeth. Use them to your advantage. You do not have to take this.
As a licensed property manager I can verify both of these statements are true. Specifically, it is the residential landlord-tenant laws that apply to you. You are entitled to "quiet and peaceful enjoyment" of your domicile, and you are being denied that "quiet and peaceful enjoyment". The property owner will likely not do anything because much of their authority is delegated to the property manager through a "property management agreement".

The Oregon Real Estate Agency is the state agency that has jurisdiction over the property manager, and the property manager's license. You can file a complaint against the property manager via the OREA. The OREA tends to be pretty aggressive in their enforcement actions against property managers.

Talk to a couple of landlord-tenant attorneys. If they are willing to take the case on a contingency basis, meaning they only get paid out of any proceeds you win, then go for it. Any attorney will take a case on a "time-and-materials' basis and be happy to charge you a ton. But, if the attorney has skin in the game and only gets paid if you win, they are highly motivated to win for you.
 

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The owner of the apartment building can't do anything if the police refuse to respond.
If the owner is also the property manager, which is unlikely, they are still bound by the same residential landlord-tenant laws as a property manager would be. Thus, his recourse is still through either the OREA or civil action against the property manager or landlord, which then affords him whistleblower protections as was properly pointed out by someone else previously.
 

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Discussion Starter · #35 ·
Disappointingly, the property manager did not have the items cleaned up although she indicated they would be the day I reported it. This morning I saw kids getting out of a car and a toddler heading towards the pile before parent corralled them. So I took the risk of cleaning it up myself and found a total of 2.5 loaded syringes and multiple used syringes. That's only what I saw. There were things in bags that I did not open. I bagged them and disposed of them. That's unacceptable, and that's pretty much the last thing I'm going to say about it in a public forum.
 

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Not sure if this is Portland but pretty much every turn leads to lack of leadership. The Police are over burdened and under empowered. I would call the City Council, but you likely will be left on hold all day or given an excuse “They are in a meeting” etc..etc..
 

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You must've missed the stolen truck and trailer threads on here from Cathedral.

All recovered in the same place.

Either Portland has the dumbest cops or they're neutered by the city council.
The first option doesn't belong on a list of reasons why IMHO. The cops have had threats of being defunded so why would they take on risks that put them in harms way or have the case thrown out by the DA? You have noticed the number of Portland Police that have hired out to different states and agencies or retired I assume. SIL is a cop in Washington State and is faced with those decisions constantly. Unless it is a very serious crime he simply sends them on their way or hands them a citation that he knows will be thrown out and ignored with no recourse. He currently is searching for a job in another state that supports police. Prayers are with him on that decision.
 
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