Portland, OR asked in Landlord - Tenant for Oregon

Q: I received a no cause eviction notice from someone acting as agent of my landlord but after my 90days were up the

Landlord did not pay relocation fees nor for damages caused by a leak in the ceiling from the kitchen which leaked into my room. The landlord was given a violation for the leak from the city. Now the agent is trying to sue me for non payment of rent because I filed a small claims suit against the landlord for non payment of relocation fees as well as the leak.

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

A: Hard to see why you would sue in small claims court when normally relocation assistance cases are pretty cut and dried. Either you were entitled or not, either you were timely paid or not. And if you had a high likelihood of prevailing, it is the sort of case an attorney would have likely been willing to take on a contingency, where they would collect their fees from your landlord rather than from you. That sort of pressure tends to make landlord's settle quickly. Regardless, you do owe rent for every day you were in the rental; they may owe you for the relocation assistance damages and up to 3 months rent as additional damages. The amounts should just be netted against each other and the one still being owed after the amounts are netted against each other should get a Judgment against the other from the court. As for the leak, that simply may reduce the amount of rent you owed for the time of it's duration and that amount should also be taken into consideration during the netting procedure. Questions? Review things with a local landlord-tenant attorney.

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