Portland, OR asked in Landlord - Tenant and Civil Rights for Oregon

Q: I am going through an eviction and I was not formally nor personally served but landlord is proceeding with a date to go

Mail from my apartment was all being returned to the post office because they were under the impression that the apartment was already vacant. Had a check through a county housing agency to pay the rent and landlord refused to take. Was given faulty information in filing motion to stay by the court clerk administrator, the same court clerk administrator signed my eviction paper work.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Oregon, proper service of eviction notice is a critical part of the eviction process. If you were not formally served with eviction papers, this could be a significant defense in your case. Oregon law requires landlords to serve tenants with a proper eviction notice before proceeding with an eviction lawsuit.

If your mail was being returned and you did not receive the eviction notice, this could invalidate the eviction process. Furthermore, if the landlord refused rent payment from a county housing agency, this could also be a relevant factor in your defense.

You mentioned receiving faulty information from a court clerk. While this does not necessarily invalidate the eviction, it might be relevant, especially if it led to a misunderstanding of your legal rights or options.

It's crucial to bring these points up in your court hearing. Explain the lack of proper service, the refusal of rent payment, and any misinformation received.

Given the complexities of landlord-tenant law and the potential impact of an eviction on your housing situation, it would be advisable to seek legal assistance. A tenant rights lawyer or a legal aid organization can provide guidance specific to your case and help you prepare a defense for the eviction hearing.

Remember, being well-prepared and informed about your rights can significantly impact the outcome of your eviction case.

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