Oregon landlord trying to evict me for animal that is on the lease, one month after I withheld rent pending repairs. Immediately paid rent after repairs were made, but next month's rent was due again and the amount was incorrect. So I tried speaking with apt manager. She insisted they correct. However it was incorrect and because I didn't pay the incorrect amount by the end of the 72 hr notice they refuse to take any of my rent. They also served me with another eviction in April for allegedly smoking on my patio in february. Two months ago? And they just now saying something? Plus taking my rent knowing animal was here whole time, included in lease, and just now trying to evict me over it. .not to mention it a therapy animal for my daughter.
This is one of those times where you need to go see an attorney right away. Assuming the amount was incorrect, pretty much any landlord/tenant attorney will take your case. Plus, since the eviction was wrongful, your landlord gets the added bonus of paying for your attorney.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Since you raise multiple issues, it is not clear exactly clear what your landlord is trying to evict you for specifically. If it is for failure to pay rent and your 72 hr. notice truly did overstate the amount due, you are likely to prevail, at least on that matter. If you allegedly broke the smoking regulations, they have to send you a notice and you have to be given a chance to cure - i.e. stop breaking the smoking policy. They can only terminate your tenancy and evict you if they can prove a second violation and they provide the correct notices and amount of time to fix. If an animal is on the lease, they should not be able to evict you for that unless the animal is threatening or otherwise misbehaving. You need to be VERY careful, however, about withholding rent pending repairs - that may (and likely will unless you jump through all the hoops very carefully) get you evicted. That, however, does not sound like it is a current problem per se. I agree with my colleague - it is time for you to consult a local landlord-tenant attorney to prepare for the battle and hopefully nail your landlord for your attorney's fees. Good luck.
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.
Lots of issues here. Get to an attorney right away. Wrongful detainer actions are time sensitive and you don't want to lose your opportunity to put up a defense. If you can't afford an attorney, there may be a public interest firm that can at least assist you in preparing your case.
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