How to Use a Form Answer in an Eviction

Transcription

1 Hw t Use a Frm Answer in an Evictin IMPORTANT: This is an excerpt frm the 2016 Landlrd-Tenant Law in Oregn bklet. The bklet is available n the Oregn Law Help website at All Resurces referred t belw are available n this website. This infrmatin is fr general educatinal use nly. It is nt a substitute fr the advice f an attrney. If yu have a specific legal questin, yu shuld cntact an attrney. The infrmatin included here is accurate as f March Please remember that the law is always changing thrugh the actins f the curts, the legislature, and agencies. A sample frm and list f pssible defenses fllws these questins. When shuld I use the frm Answer? If yu have decided t ask fr a trial n yur evictin and want t represent yurself, yu can use a frm answer that yu can get at the curthuse. An answer is a legal paper that gives yur defenses t the cmplaint filed by yur landlrd. Yu shuld nly ask fr a trial and use the answer frm if yu really want t stay in the rental unit and believe yu have defenses t the evictin. If yu lse, a judgment fr yur landlrd s curt csts and attrneys' fees will be entered against yu. If yu want t request mney wed t yu by yur landlrd, file in Small Claims Curt r see an attrney. Hw shuld I decide what defenses t claim? A defense t an evictin is a legal reasn why yur landlrd shuld nt be able t evict yu. The kind f defense yu claim depends n the type f ntice the evictin is based n. Befre yu fill ut the frm Answer, lk at the Cmplaint attached t yur Summns t see which reasn the landlrd checked fr the evictin. Als, lk at the terminatin ntice yu received frm the landlrd t see if it matches the reasn the landlrd checked and if a cpy f this ntice has been attached t the Summns. (If these things are nt right yu may have a bad ntice defense, see belw. Nt all defenses can be used in all evictins. Fr example, lack f repairs can be a defense t an evictin based n a 72-hur r 144-hur ntice fr nnpayment f rent, but it is nt a defense t an evictin based n a 30-day ntice. The inset bx belw, Types f Ntice and Their Pssible Defenses, shws the mst cmmn types f ntices and the defenses that can be used. Hw d I fill ut the frm Answer? There is a sample f the frm Answer at the end f this dcument. Fill in the apprpriate curt and cunty at the tp f the page. (These will be the same as the nes n the evictin papers that yu received. Put yur landlrd s name in as Plaintiff and yurs as Defendant. Use the number frm yur evictin papers t fill in the blank after case n. Fill in the apprpriate defenses (see belw and sign and date the frm. Make three cpies, ne fr the curt clerk, ne fr the landlrd, and ne fr yurself. Ask the curt clerk when yur trial will be held.

2 What are sme pssible defenses in the frm Answer? Call a lawyer fr advice n hw t fill ut the frm Answer. Even if a lawyer cannt represent yu in curt, s/he may be able t help yu fill ut the frm Answer. A sample f the frm Answer is shwn belw. Repair Prblems In the resurce Getting the Landlrd t Make Repairs yu will find a list f repairs that a landlrd shuld make. If yur landlrd did nt make repairs, yu shuld check the first blank n the frm Answer and describe the needs fr repair. Als, indicate hw and when yu tld the landlrd abut the needs fr repair. Yu shuld be prepared t prve damages that equal r are larger than the rent that yu we. Yu must testify abut hw much less yur place was wrth each mnth because yur landlrd refused t make repairs. Fr example, if yu rented a fur rm apartment fr $400 per mnth but a leak in the rf prevented yur use f ne rm fr 3 mnths, yu might testify that the apartment was wrth 25% less r $100 less per mnth because yu culd nt use 1 f 4 rms. In additin, yu shuld describe any damages caused t furniture r clthing and the csts fr repairing r replacing the prperty. Remember the ne-year limitatin t file this kind f case. Retaliatin Defense If yur landlrd retaliated by serving a 30-day r 10-day n-cause terminatin ntice after yu cmplained abut the need fr repair, testified against the landlrd, jined a tenants unin r engaged in ther prtected activity, yu may check the secnd blank n the frm Answer t allege retaliatin. See the resurce Retaliatin by a Landlrd n Oregn Law Help fr mre infrmatin. Dmestic Vilence, Dating Vilence, Stalking, r Sexual Defense Ntice If yur landlrd gave yu a fr-cause terminatin ntice fr a vilatin f the rental agreement that was caused by an incident f dmestic vilence, dating vilence, stalking, r sexual assault where yu r anther member f yur husehld was the victim, yu may use this defense. Yu may als use this defense t a n-cause terminatin ntice if yu believe that yur landlrd gave yu this ntice because yu r a husehld member is a victim f dmestic vilence, dating vilence, stalking, r sexual assault r because f an incident f dmestic vilence, dating vilence, stalking, r sexual assault. If yur landlrd can cnvince the judge that s/he had a lawful nn-discriminatry reasn fr giving yu a n-cause ntice, yu may nt be able t win. See the resurce Discriminatin Against Tenants fr mre infrmatin. Ntice Defense If yur landlrd did nt use the right type f ntice, did nt give it t yu the right way, r did nt give it at the right time (including 3 extra days fr mailing, yu shuld check the third blank n the frm Answer indicating that the ntice is wrng. See the questins What des a landlrd have t d t evict me? and What kinds f terminatin ntices can a landlrd give me? in the Oregn Law Help resurce Evictin fr mre infrmatin n ntices. Other Defenses There is als a furth line listed n the frm answer called Other Defenses. This is the line t check and the space t fill in when the landlrd s cmplaint is nt true. Fr example, yu might write the fllwing: I paid my June rent in full n June 1, and I have a receipt, I ffered t pay June rent n June 9, during the 72-hur evictin ntice perid and the landlrd refused t accept it, r The dg in questin was mved ut during the 10-day evictin ntice perid and has nt returned.

3 Other types f Other Defenses are: Remedy/Cure If yur landlrd gave yu a fr-cause ntice and yu fixed the prblem within the time allwed in the ntice, yu shuld write in the wrd Remedy r Cure under Other Defenses. See the questin What kinds f terminatin ntices can a landlrd give me?, abut Fr-Cause Ntices, in the Evictin resurce. Waiver If yur landlrd accepted part f the rent after rent was past due, yu shuld write in the wrd waiver under Other Defenses and describe the date and amunt paid. Fr example, yu culd write, Waiver I paid $50 t the landlrd fr rent n June 2. See the questins Can I be evicted fr nnpayment if I paid part f the rent this mnth? and Can I be evicted if I have paid my rent? in the resurce Evictin fr mre infrmatin n waivers. Discriminatin If the ntice r evictin is discriminatry, yu shuld write the wrd discriminatin under Other Defenses and describe what happened. See the resurce Discriminatin Against Tenants fr mre infrmatin n discriminatin. Utility shut ff r lck ut If the landlrd changed the lcks, remved yur things, shut ff the water, heat, r electricity r tk ther ut f curt actin t frce yu t mve, describe the actin under Other Defenses and ask fr twice the actual damages r tw mnths rent, whichever is mre. Talk t a lawyer. See the questin What can I d if I am lcked ut r my utilities are shut ff by my landlrd? in the resurce Evictin fr mre infrmatin. Unlawful entry If the landlrd r smene wrking fr the landlrd came int yur hme withut yur permissin r withut a 24-hur ntice in advance (except fr an emergency r t cmplete repairs initiated within seven days after yu asked fr repairs in writing yu may claim at least ne mnth s rent as a penalty fr each unlawful entry. Write dwn the date and name f the persn wh entered under Other Defenses. Fr example, yu may write Unlawful entry by the resident manager, Jhn De, n May 14. See the questin Des my landlrd have a right t enter the rented space? in the resurce Entering Yur Rented Space fr mre infrmatin. Hw shuld I prepare fr my case in curt? Yu shuld be prepared t back up every statement that yu have made in the Answer with as much prf as pssible. If yu are ging t depend n ther peple t be witnesses fr yu, yu shuld get in tuch with them immediately. Witnesses must cme t curt. The judge will nt accept letters r affidavits frm witnesses. G ver the case with yur witnesses carefully. Make sure yur witnesses understand what yu are ging t ask f them and that they are prepared t clearly and hnestly state the facts abut what yu want t prve at the trial. Make sure yu have all relevant evidence like canceled checks, cpies f letters, building inspectr s reprts, and pictures f yur place, if repairs are an issue.

4 Types f Ntice and Their Pssible Defenses 72-hur r 144-hur nnpayment f rent Repairs needed (See the resurce Getting the Landlrd t Make Repairs Bad ntice (See the questins What des a landlrd have t d t evict me? and What kinds f terminatin ntices can a landlrd give me? in the resurce Evictin Other landlrd vilatins: lckut (See the questin What can I d if I am lcked ut r my utilities are shut ff by my landlrd? in the resurce Evictin, illegal entry (see the resurce Retaliatin by a Landlrd, waiver (See the questins Can I be evicted fr nnpayment if I paid part f the rent this mnth? and Can I be evicted if I have paid my rent? in the resurce Evictin, etc. 10-day ntice/n cause (week-t-week r 30-day ntice/n cause (mnth-t-mnth Retaliatin (See the resurce Retaliatin by a Landlrd Bad ntice (See the questins What des a landlrd have t d t evict me? and What kinds f terminatin ntices can a landlrd give me? in the resurce Evictin Discriminatin (See the resurce Discriminatin Against Tenants 30-day ntice/fr cause with right t cure, 10-day (pet vilatin, r 24-hur (utrageus cnduct, persnal injury, substantial damage Bad ntice (See the questins What des a landlrd have t d t evict me? and What kinds f terminatin ntices can a landlrd give me? in the resurce Evictin, Remedy Landlrd s cmplaints untrue

5 SAMPLE FORM ANSWER IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF (YOUR COUNTY (Landlrd s Name Plaintiff(s, v. (Yur Name Defendant(s. ANSWER Case N. (The number listed n the cmplaint I (We deny that the plaintiff(s is (are entitled t pssessin because: The landlrd did nt make repairs. List any repair prblems: The landlrd is attempting t evict me (us because f my (ur cmplaints (r the evictin is therwise retaliatry. The landlrd is attempting t evict me because f my status as a victim f dmestic vilence, sexual assault, r stalking. The evictin ntice is wrng. List any ther defenses: I (we may be entitled as the prevailing party t recver attrney fees frm plaintiff(s if I (we btain legal services t defend this actin pursuant t ORS I (we ask that the plaintiff(s nt be awarded pssessin f the premises and that I (we be awarded my (ur csts and disbursements and attrney fees, if applicable, r a prevailing party fee. Dated this day f, 20 Signature f Defendant(s (Yur signature