Oregon Answer to Residential Eviction is the legal document that a tenant must file in response to a residential eviction notice. This document must be filed within seven days of receiving the eviction notice from the landlord. The tenant is required to provide a written response, outlining their defense against the eviction. This document may include reasons for why the tenant believes the eviction is invalid, such as failure of the landlord to provide adequate notice or failure to maintain the property. The types of Oregon Answer to Residential Eviction are Failure to Pay Rent, Breach of Lease, and Unlawful Detained.
Oregon Answer to Residential Eviction
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Oregon
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OR-EVIC-002
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Description
This answer is filed in response to allegations made in a residential eviction action. The defendant who files this answer makes statements in response to the allegations made in the complaint and also alleges new issues such as repais not made or retaliation claims.
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FAQ
Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate. (Ore. Rev.
The Sheriff or a private process server will serve the tenant with the notice to vacate. The tenant will then have four days, from the date of service, to vacate. If the tenant still does not vacate the dwelling, the landlord must file a writ of execution of judgment and pay additional fees.
No Cause Terminations Within the first year of occupancy, landlords can terminate a month-to-month tenancy or terminate a fixed term tenancy at the end of the fixed term, with at least 30 days notice. No cause terminations are prohibited after the first year of occupancy.
The state-wide moratorium for termination notices for no cause expired on June 30, 2021. The state-wide moratorium for terminations based on nonpayment of rent ended on December 31, 2020 unless a tenant submitted a written declaration of financial hardship to their landlord.
Oregon law allows landlords to issue a No-Cause End of Tenancy Notice to tenants prior to the end of their first year of occupancy. This is the only time an End of Tenancy Notice may be issued without cause.
An ?answer? is a legal paper that gives your defenses to the ?complaint? filed by your landlord. You should only ask for a trial and use the answer form if you really want to stay in the rental unit and believe you have defenses to the eviction.
For a tenant with no lease or a month-to-month lease in Oregon, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
Whether the eviction is no cause or just cause, in Oregon the eviction notice must be in writing. A verbal notice of eviction isn't valid under Oregon law. Plus, failing a serve a written notice could result in loss for the landlord. The tenants may also have cause to seek damages and remain at the property.
Even if you did not pay any rent, you may have a defense to an eviction for non-payment of rent. If you have a claim against the landlord that would entitle you to be compensated for damages you suffered, you may be able to use this as a defense. You pay rent to ensure that your unit is in habitable condition.
More info
By filing an answer, the tenant is asking for an opportunity to tell the Court (at a trial) why the tenant should not be evicted. In Philadelphia, landlords can't evict a tenant without first going through the Eviction Diversion Program.Here's how it works. Note: Use these forms and instructions to answer a Complaint your landlord has filed against you in court to evict you. Your landlord may use a different. If you try to pay after the 5 days are over, the landlord can accept that money and still evict you. If a tenant is being evicted for nonpayment of rent, unless otherwise specified in the lease, the landlord must give a 10-day written notice. Filing the Answer is free unless you include a counterclaim. We can explain and answer questions about how the court works. A writ of possession is issued to evict an occupant from the property.