Salem, OR asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon

Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.

• November 2023: A late fee was incurred, pointing to payment issues.

• November 10, 2023: Received a 10-day eviction notice unjustly.

• November 11, 2023: The school acknowledged the oversight and processed the rent payment.

• November 16, 2023: Despite the resolution of the payment issue, the eviction process continued.

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

A: More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until after the 10 days expired without full payment. So your posting, as it is, does not make much sense. And why do you say the 10 day notice was issued "unjustly"? The notice may well have technical defects but if you still owed any rent on November 10, it would seem likely to be a valid Notice at least conceptually. If an organization agrees to pay your rent, great. But you are still the one that owes it to the landlord and if for any reason the organization fails to timely pay it, you are the one on the hook, not them (generally speaking).

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