What is eviction process in Portland Oregon ? we got served with a civil summons in December

Asked over 1 year ago - Portland, OR

my landlord hasn't been served yet , he says were in default for that month but i sent a letter explaining that we were applying our last month rent for December & i tried to make arrangement for half the rent for January but he just keeps saying that the civil summons doesn't count and that default rent takes priority over everything . we called a housing inspector and there 10 violations on the list that he also refuses to fix or even contact he says never got the letter so we said that are with holding the rent for January until the repairs are fixed & today someone who wasn't my landlord or a police officer or process server put a computer typed 72 hour notice on my door . the civil summons was for judicial fore closer on the home .

Attorney answers (3)

  1. Chase N Morinaka

    Contributor Level 6
    Best Answer
    chosen by asker

    Answered . If you do have housing violations then it's worth hiring a tenant's attorney as you may have some warranty of habitability counterclaims.

  2. Scot J Eliot

    Contributor Level 12

    2

    Lawyers agree

    Answered . Your last months rent deposit cannot be applied to a month that is not your last month without your landlord's consent. For a posted 72-hour notice to be effective it must (1) also be mailed and (2) there must be a written rental agreement allowing for service by posting and mailing. I'm concerned that you are making mistakes in trying to navigate these issues on your own. Issues of concern to a housing inspector are not necessarily going to be a defense to a non-payment of rent eviction--it depends on the issues.

  3. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . I recommend this website: http://www.freelegalaid.com/nav/Oregon/eviction...

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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