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GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12049
Experience:  Experience in Probate matters, including will contests and civil litgation related to estates.
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My name is Kathy. I live in Oregon. I am having trouble

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My name is Kathy. I live in Oregon. I am having trouble evicting a a very troublesome renter. I've already gone to the first appearance after a 72 hour notice without cause had passed by. An agreement was reached by the renter and myself. This was on a Monday. The agreement was they were to pay the back rent and ccurrent ren5 due or to move out. We were ordered back for the second appearance the following Friday. I went to the wrong courtroom thinking I was to go to the same courtroom as I went to at the first appearance. When I realized my mistake I hurried to the appropriate room. I was about 15 minutes late. Unfortunately I was first on the docket and the judge dismissed the case. I wrote Her a letter asking for Her to consider reopening the case. I just received Her response. It stated that the court cannot give legal advice and that I should consider getting help from an attorney.
I want to add that these renters have had violent domestic issues. The husband has also stolen from me and stalked me. He continues his stalking and has gotten scary.
One final item
: I sold the house (which is on land that has two homes. I live in the other one)and the new owner said she wants me to stay until the renters are gone. Its been a mon and a half half now and I want to move on so badly. I feel like im beginning to lose my mind. Can you please help?

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other than you going to the wrong court room, did you pay the rent as per the agreement you made at the first appearance?

Customer: replied 3 years ago.

I I am not the tenant. Im the person who allowed the people to stay in my rental while it was being sold. They knew it was only to be for a few weeks. There was never a lease agreement nor was there any rent ever paid to me. I told them that when the final doc's were signed they were going to have to move. They agreed but when it came time they said they'd move but haven't and say they can't because they have no money. They also have a bad rental history and have nowhere to go.

Not a good situation. I know you are not the tenant, that was a typo when I said "you." You said the following: "An agreement was reached by the renter and myself. This was on a Monday. The agreement was they were to pay the back rent and current rent due or to move out." This is the agreement I was referring to and wanted to know if they had paid the rent agreed to on that Monday?
Customer: replied 3 years ago.

No. They haven't even paid for electricity.

And the judge said "by Friday"

Ok, Kathy thanks for the information. First of all you cannot write letters to a judge in legal proceedings, it is called an ex-parte communication and is not considered a legal request. You have to file a motion for reconsideration of her decision and tell her why she should reconsider (i.e. you went to the wrong court room) and serve a copy of the motion on the tenants. Anything you file with the court you must send a copy to the tenants or the court cannot consider it.


In your case since the tenant did not pay as you agreed to on that Monday court appearance, you would file an Affidavit of Non-Compliance form, which you can get at the clerk's office at the court and the clerk would then prepare an order for the judge to sign. Again, a copy has to be sent to the tenants. I would do the affidavit and file the Motion to reconsider at the same time, in case the judge grants your motion you won't have to waste time and the affidavit will be completed.


The second option is to just start the process over. File the complaint, have the first appearance and follow the process through. Just because the judge dismissed the case because you failed to appear does not prevent you from filing a new case and starting the process again. I cannot tell if the judge will grant the motion to reconsider but if the judge does not grant it, you can definitely file a new case. If you can afford to file a new case and a motion to reconsider to hedge your bets that would be acceptable as well. In that case if the judge grants the motion to reconsider, you could withdraw the new case and if the judge denies the motion to reconsider you would have your new case already filed and ready to move forward without wasting time. IT's up to you.


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GeorgetownLawyr and 4 other Estate Law Specialists are ready to help you
Hi Kathy,

I'm just following up with you to see how everything is going. Did my answer help?

Let me know,

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