Medford, OR asked in Landlord - Tenant for Oregon

Q: Does my landlord have to post an affidavit or declaration of noncompliance on my door?

My landlord has not posted this on my door. How do I inform the court of this error? And what does that mean for my eviction?

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

A: No, the landlord files that with the court; the court then issues a Judgment against you; and the landlord asks the court to issue a Notice of Restitution. That Notice of Restitution must be served on you and it gives you 4 days to go to the court to contest the Declaration of Non-Compliance IF you have grounds. Note that the ONLY thing the court wants to hear if you do contest the Declaration is proof that you did comply with the Agreement made or proof that the landlord agreed to change it and you are in compliance with the changes; or that the landlord has actively prevented you from complying. This is NOT a time to try to argue the merits of the eviction case or why the landlord should not be allowed to evict you to begin with. You have given up that right by signing the agreement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.