Hillsboro, OR asked in Landlord - Tenant for Oregon

Q: Biggest mistake ever, my landlord and I have never kept receipts documenting that rent was paid. Claiming I didn't pay!

She is giving me a 30 day and 72 hr notice until I pay November rent, which I already did pay, but on both sides neither of us had ever documented with receipts or anything when I pay in cash. Her word vs. Mine...who typically wins? Also she has locked me out of the house for 30 minutes one night. Opened my bedroom door without my consent to start yelling at me while I was asleep and took all the towels , dishes and cups out of the kitchen and bathroom so its very hard to eat, cook and shower. Can this go towards anything?

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1 Lawyer Answer

A: This appears to just be a continuation of an inquiry you already made. Regardless, yes, you may have claims against the landlord re the being locked out, wrongful entry into your space, and the diminution of services, and if those claims held up, then the landlord would owe a month's rent for each violation you can prove. That, offset against whatever rent the landlord convinces the Judge you owe, would determine who would "win" the lawsuit and whether you would get to stay or be evicted. As for no receipts, you apparently already recognize the error of your ways with that matter. Ultimately, it would simply come down to which of you the Judge believes and that could go either way, depending upon whether either of you has any supporting evidence and how credible the Judge finds your respective testimonies. There simply is no "norm" for that matter. IF the Judge truly has no feel for which of you is telling the truth, then in theory you should win since if it is a true toss-up, the plaintiff would not have carried her burden of proof (she must prove that it is more likely than not that you haven't paid your rent) but you should also know that most Judges pride themselves on their ability to tell who is lying and who is not since they see the situation almost every day and in the end, it does not matter whether they truly are right; all that matters is that they think they are. If this goes to court, you will likely be much better off and more likely to win if you are represented by a landlord-tenant attorney. Good luck.

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