Eviction

Oregon Chief Justice Order Extending Certain Time Periods For FEDs

 

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.

 

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

 

Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.

 

My question is this: Is domestic violence a recognized defense to non-payment of rent?

 

Phil Querin Article - Some Tips and Traps - The FED Eviction Process

The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system.

 

 

 

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