I am a property manager. I was in court yesterday for first appearance to evict someone. These people have rented from me for 8 mos. They wrote a bad check to move in and have been weeks late all but 2 mos. I brought them to court 2 mos ago and they agreed it wouldnt happen again, so I gave them a second chance, mistake. The judge got red faced angry at me cause I wouldnt make another deal with these compulsive liars. Said I was disrespectful for calling them these people. Said " your the landlord and they are tenants, they have it allot harder than you" As he stomped out and slammed his door. They have good jobs and their kids. I am in deep grief over the loss of my child. I don't want to take another breath. How can he say something like that. I think he has already made up his mind
The key is likely to be whether you have 100% complied with all the hoops - proper notices, properly served, properly filed and served Summons and Complaint, etc. Unfortunately, ANY mistake, no matter how small, by a landlord may well doom the case. Just because you had that Judge for first appearance does not necessarily mean you will have the same Judge for trial - maybe yes, maybe no, and some of that depends upon the procedural jockeying that may go on. All around, if you want to maximize your chances of prevailing (or of avoiding incurring even more costs/fees for the tenant if it appears that you might not succeed), you may wish to run it all past a local landlord-tenant attorney. You don't say what basis the tenant's are opposing this on and there may not be one beyond they don't like it or want to simply stall...but if they do have any argument, you really need to be as sure as possible that they are wrong or it can get very expensive, very quickly, for you.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
You can file a motion to exclude a judge from hearing a case at the time it's assigned to the judge under ORS 14.210, but once the judge has made a ruling in the case, they cannot be excluded from it thereafter.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
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