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Constructive Eviction- I believe that the problem I am having with the landlord is constructive eviction.

Enterprise, OR |

How do I get help with constructive evictions? Are there specific lawyers that deal this and what do I need to do about this? I have proof of everything she has done to me and the other tenants in writing from the landlord. She has been trying to evict me since I got here and I have been trying to find help since then. She is harassing me and she is very intolerable. It is unsafe for my children and me to stay here but I’m still under a lease. It is unsafe because they will enter my apartment at any time they choose, also my key has been given to people who also come into my apartment when ever for whatever they want. She has unreasonable expectations of how my apartment needs to look like and is controlling how I live in my own apartment. I cannot handel this any longer.

Attorney Answers 3

Posted

Yes, there are competent lawyers who specialize in representation of tenants in disputes with landlords.

Discuss the concept of "retaliatory eviction" with your lawyer. Some states provide minimum notice requirements before a landlord may enter residential property to conduct an inspection, unless there is an emergency. There are a variety of anti-harassment laws which may provide a remedy for you. Residential landlords cannot control the details of how a tenant leads his or her personal life, although there may be some maintenance requirements. Check your lease.

Good luck,
Edward H. Cross

I am not licensed to practice law in Oregon. These comments are for general informational purposes and did not create an attorney-client relationship. Consult with a licensed attorney

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Asker

Posted

Just so i understand, she cannot tell me when i need to wash my dishes, that im not allowed to have dirty clothes in my apartment, there can be no toys on the floor, ect.

Posted

There is not a specific type of attorney that deals with this situation but what you want is a general business attorney. There might be one in your area that specializes in Landlord Tenant relations but frankly the issue is one that most attorneys can handle for you.

You need to document in a journal, date, time and a description of the event that you consider to be harassment. Take that journal to the attorney when you meet with him / her.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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Posted

You say that she has been trying to evict you since you got there. You say that it unsafe and intolerable. I don't understand, do you want to live there and you just want her to leave you alone or do you want to get out?

It sounds to me like the right answer is to get out. Yes, what she is doing is wrong, but by the time you fight it your lease is likely to be up anyway. If she has been trying to get rid of your, why don't you see if you can negotiate an exit? Ask her, "Do you want us to leave?" Don't worry about being under the lease just yet, and don't raise it when you are talking to her about you leaving, yet. If that is what she wants, find out what she is willing to do to get rid of you. The least you want is your deposit back and a written release. Maybe, but doubtfully, she might pay something to help relocate you.

It depends on how strong your constitution is when you are talking to your landlord. YOu may want to contact a local attorney who specializes in landlord/tenant law. Check Avvo for someone who is qualified or contact your local bar association.

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6 comments

Asker

Posted

I can’t get outotherwise I would have, I live in USDA housing and I’m still in my lease. I don’t have the means to move my 3 children and me out. I also live in a very small town so apartment living is very limited. There are no local attorneys; there is nobody within 70 miles. And I talked with her about leaving, she said if I break my lease and she does not rent it in 30 days I have to pay and I lose my housing. I can’t not afford to do that.

R. Russell O'Rourke

R. Russell O'Rourke

Posted

Try contacting the Oregon State Bar Association. See if they have anyone that can help. http://www.osbar.org/public/ris/ris.html

Asker

Posted

Thank you

Asker

Posted

How likely is it that i could find a lawyer that does landlord tenant law and will do contingency or pro bono work?

R. Russell O'Rourke

R. Russell O'Rourke

Posted

Check with the Bar Association. They may have a pro bono section. Additionally, there are a lot of lawyers who may take a case like yours on a contingency. I don't know Oregon law, but in a lot of states there are actually attorneys fee provisions when a landlord violates a tenant's rights. Call the Bar Association. They can give you better guidance.

Asker

Posted

Thank you again!

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