Oregon City, OR asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon

Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented in court paperwork. I'm not sure if that will help the eviction or not. I own my home but pay lot rent

1 Lawyer Answer

A: I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax (file by mail, electronically if you have the access, or in person at the court house) and a motion to vacate is not likely to get you anywhere anyway. I do note that most of the complaints you list may (or may not) be the basis of tort claims by you against the landlord, but they are not likely to be legitimate bases to prevent eviction since eviction actions are all about legally determining who was a right to possess the rental property - the landlord or the tenant, not about who owes who how much unless the eviction is over failure to pay rent (which is not a lawful court action at the moment due to Covid anyway).

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