Portland, OR asked in Landlord - Tenant for Oregon

Q: approved rental assistance pay owed +3 months.same day landlord evicted and will not sign form to be paid.now what??

My mom is also my cosigner..but I had a room mate for a while helping he also lost job for two months and now working his name is on eviction but can not go to court due to he would loose his job he just got..since he is not on rental agreement will it be issue if he not there??

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It sounds as if you are being evicted in court for failure to pay rent and that your landlord may be concerned that if they accepted a rent assistance payment, they would waive their right to evict you, at least at the moment. If so, assuming the landlord has jumped through all the legal hoops he has to, providing legally-adequate 72 Hr. Notice, legally served, and has properly filed FED paperwork with the court, there may be little you can do to avoid the eviction except to vacate before going to trial. But the only way to know for sure is to have a local landlord-tenant attorney review all your documents and advise you of what options you may have. As for the roommate, it will be up to the Judge. Technically, your landlord may get a default against the roommate if he fails to appear in court. Or the Judge might allow you or someone else to appear on his behalf - up to the Judge. Either way, assuming the landlord has complied with the required procedures, and collectively you have not paid the rent due, you both are likely to be evicted unless an attorney can find an "out" for you. To the extent that rent remains owed, Mom should anticipate being sued for it as well since she co-signed.

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