Depoe Bay, OR asked in Landlord - Tenant for Oregon

Q: why would an attorney in court ask for mediation for landlord who refuses to fix things required under law. I want trial

Landlord and property manager since start of lease 4/25 have not fixed or repaired things including having a locking back door and drinkable water, plus a bunch of other stuff required under law. Sent letter demanding action, got an eviction notice, went to court they had attorney who wanted mediation, I asked for trial. eviction notice, 72 hour notice, court papers are filled out wrong even with attorney help? not sure what to think, other than we have a solid case.

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2 Lawyer Answers
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Some leases provide for mandatory mediation. Beyond that, many attorneys try to resolve the issues rather than just have the case dismissed only to be re-filed and everyone back in court again a few weeks later. It also can be, of course, merely a stall tactic. If you have qu

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

A: Questions, consider retaining your own attorney to handle things. If you really have defective notice or other sure-fire defense, many attorneys would take your case on contingency whereby you would not have to pay their fees. Rather they would collect them from the landlord upon winning. Once he learns that he will likely have to pay your attorney's fees, he may well dismiss the case rapidly. Good luck.

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