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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I was recently evicted from my previous residence by Emerald

Customer Question

Hi,
I was recently evicted from my previous residence by Emerald Property Management for no specific reason. I left the residence immaculate!!. I got a bill over a thousand dollars in "damages" and a check for the remaining portion of the deposit. I was in the home only 6 months. I have never has more then a couple hundred dollars discounted from my deposits and it has always be for "cleaning" issues. I do not agree with the way I was treated and I have a suspicion that I was discriminated due to my race ( I am hispanic). What should I do? Would it be worth taking this agency to court for the money retained and sue for damages?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When you say that you were evicted, do you mean that they took you to court and got a judgment? If so, what did they tell the judge?

Did they itemize the damages and explain what they were deducting? If so, do you agree with the things they say you damaged? Was rent paid in full when you left? What state are you in?

Customer: replied 1 year ago.
Hello Lucy,
I received a notification from the rental agency called a TERMINATION OF CONTRACT and they claimed that under Oregon Law they did not have to give me a reason. I tried to reach out to the rental agency CEO but he never returned my call.
The did give me an itemized list of "repairs" and no we DO NOT agree with any of the charges. We have a copy (signed be them) of the poor state in which we received the property. The rent was pain in full when we left.
Victor
Customer: replied 1 year ago.
Please notify my when you answer at***@******.*** or(###) ###-#### *****
Victor
Expert:  Lucy, Esq. replied 1 year ago.

Hi, Victor,

I'm unfortunately not available to answer questions today. I'm going to opt out in favor of another expert so you don't have to wait. Good luck.

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Different expert here.

A landlord can terminate a "month to month" tenancy (called a 'tenancy at will' a 'periodic tenancy' a 'tenancy at sufferance' or a 'holdover tenancy' depending on the exact circumstances leading to the "month to month" relationship) by giving the tenant 30 days notice. (see generally: http://www.nolo.com/legal-encyclopedia/oregon-notice-requirements-terminate-month-month-tenancy.html)

This is NOT an eviction, it is simply the landlord telling the tenant that they no longer wish to lease to the tenant and that the tenant needs to find a new place to live.

If the tenant refuses to leave within the 30 days, then the landlord can file an "unlawful detainer" (eviction action) against you in court and get a court judgment for possession - at that point you are being evicted.

If you had a term lease (such as a 12 month lease) the landlord cannot terminate the lease mid-term without cause - they can only terminate a term lease if the tenant has violated a material term of the lease, and they must give the tenant notice of such violation (and in many cases an opportunity to cure (correct) the problem).

Regarding your security deposit issue. You can sue the landlord to recover the portion of the security deposit that they wrongfully withheld from you. (See this article by the Oregon State Bar Association for details: https://www.osbar.org/public/legalinfo/1260_FeesDeposits.htm). These suits are almost always handled in small claims court, and you do not need an attorney to represent you.

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