Unlawful Eviction/Conversion/Small Claims
This is a discussion on Unlawful Eviction/Conversion/Small Claims within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Oregon - Hi, I would greatly appreciate any advice re my legal situation. My landlord performed an unlawful eviction and ...
![]() |
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Guest
Posts: n/a
|
Unlawful Eviction/Conversion/Small Claims
Oregon - Hi, I would greatly appreciate any advice re my legal situation. My landlord performed an unlawful eviction and conversion of my personal property. This was done after I sent 2 rent withholding notification letters and sought temporary housing elsewhere until the landlord repaired or remedied ongoing habitability, health and safety violations. This was also after 1 year of steadily escalating retaliation and harassment for seeking help from governmental agencies and, per their advice, documenting the nuisance and problems by photographing them.
The landlord's only response to my rent withholding was to mail me a Termination of Tenancy- stating that should I continue to occupy the premises as of September 19, 2007, eviction proceedings would be initiated in court. I waited for the FED notice, checked the online court docket daily, and was fully prepared to file an answer and counterclaim. In the meantime, since this was federally subsidized housing, I continued seeking help from the Housing Authority and HUD. December 26, 2007, I received a "Final Accounting" document from the landlord. The letter was dated Dec 5 and the meter postmark was Dec 21. It stated that I "vacated" the apartment on September 19th and owed cleaning and bogus damages in the amount of $1,575. - including $200 for the "Removal of Belongings" which was, in fact, an entire duplex apartment full of furniture, clothing, etc. - all of my personal property. Throughout Oct, Nov, Dec 2007 and January 2008- I continued to receive my usual Housing Authority - HUD paperwork including annual inspections, rent recertifications, and a rent payment adjustment check for active tenants in good standing. I am now living in California and have given up trying to find a lawyer (my case is not enough personal injury/damages$ to interest one). If I file in Small Claims Court- in Oregon- would the Statute of Limitations apply to the fraudulent "vacate" date of Sept 19th or the actual date of discovery of Dec 21st? Would the unlawful eviction and conversion claims strictly fall under "Landlord-Tenant" or could they be Intentional Torts i.e., Fraud, Conversion, Intentional Infliction of Mental Distress (along with prior incidents of Fraud and Invasion of Privacy)? I spent 4 hours online last night- on osbar.org and all the Oregon court sites, etc. just trying to find the proper small claims forms, low-income fee waivers- and if I can file electronically or not. I went round and round like a rat on a wheel- getting nowhere...no useful info. I thought I'd give you a try after reading your posts about other people's tenant problems. Thank you...any advice would be a blessing at this point. |
|
|
|
#2 |
|
Guest
Posts: n/a
|
First, you must detail exactly what habitability problems led to your rent withholding before we can give an answer. Without knowing why you rent withheld, we cannot say whether it was done legally or whether the LL had cause to file eviction. Please detail the problems you had with the rental.
We also would need to know how you accomplished rent withholding. Was it deposited with the clerk of court and a report sent to the LL of required repairs by the clerk of court? Or did you rent withhold yourself? Additionally, what retaliation was there by your LL? In response to what actions you took? What did you do that he retaliated for? State laws are very specific in what is considered retaliation after what actions. Please elaborate. Finally, since you were on HUD and asistance programs, when was your last inspection by that agency? Did it detail any problems that required attention by the LL? Please post more information for us. |
|
![]() |
| Bookmark & Share |
| Tags |
| None |
This thread has 1 reply and has been viewed 274 times
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| small claims | Unregistered | Small Claims Courts | 1 | Aug 27th, 2009 10:11 AM |
| small claims | Unregistered | Small Claims Courts | 1 | Aug 16th, 2009 11:44 AM |
| Small claims UT | Unregistered | Small Claims Courts | 0 | Jul 23rd, 2009 05:41 PM |
| unlawful eviction | Unregistered | Landlord vs Tenant Issues | 2 | Mar 2nd, 2009 06:48 PM |
| small claims | teacuppoos4u | Small Claims Courts | 3 | Oct 2nd, 2008 08:42 PM |
Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.
All times are GMT -5. The time now is 12:05 PM.



Unlawful Eviction/Conversion/Small Claims






Linear Mode

