Portland, OR asked in Landlord - Tenant for Oregon

Q: If a landlord, is looking to Evict, due to past rent? Then, excepts a lesser amount for payment. Is landLrd liable now?

Tenancy Law OREGON I need to present a case to contest an Affidavit or Declaration of Noncompliance

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

A: It all depends upon the exact details and where you are procedural-wise in the process. Your reference to a Declaration of Non-Compliance suggests this already went to court; you and the landlord reached an Agreement which the court accepted; and now the landlord alleges you have not complied with all the terms. If you want to contest the Declaration, you must do so within 4 days of first being served it. Be aware the burden of proof starts with the landlord proving you did not fully comply, but if your argument is that the landlord agreed to modify the Agreement after it was signed in court, then the burden of proof will be on you to prove that there was a mutually agreed to modification and that you complied with the modified Agreement. If this is the case, hopefully you have the modifications in a writing signed by the landlord. If it is only a verbal modification which the landlord now denies, and your only proof is your testimony of the changes and specific new terms, you can prevail depending upon what the Judge believes, but it is unlikely. If however the landlord accepted partial rent in response to a 72 hr notice and you have not yet appeared in court, then you may well have a defense. Consider reviewing everything with a local landlord-tenant attorney if you really want to know how things are likely to proceed.

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