How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17899
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Landlord-Tenant Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My partner resides in Portland, OR, and is being sued by

Customer Question

My partner resides in Portland, OR, and is being sued for 800 by former landlord for unpaid rent (two months); November and December 2015. He moved out late November after he realized he did not feel safe. One of his co-tenants was threatening both verbally and physically to my partner, and had broken several windows over the course of November. He would also go into my partners room when he was not there and sleep. He was suffering from mental illness. Police were called to the home at least twice but by another tenant who was scared. My partner never filed any reports of harassment, unfortunately, mainly due to lack of time from working stressful and long hours over an hour commute away. He did give landlord verbal notice in November of his leaving, we are still trying to verify date. My partner does not have means to pay this and he has very low income.
Does he have a case to bring to small claims court?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 10 months ago.

Who are you referring to as he in a Small Claims Court case? Your partner or the Landlord?

Customer: replied 10 months ago.
My partner is due to appear in small claims court in a couple of weeks after being served by his former landlord. Just wondering if he has any type of defence when he appears, he's not sure if he can afford a lawyer.
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the information

His only defense would be that he had to leave for his own safety. However, if he never filed a Police Report or contacted the Landlord, the Court may not find his argument persuasive. Nonetheless, he can use the Police Report filed by the other Tenant to support his case. So, it would be prudent to get the cooperation of the roommate in coming to Court to testify on his behalf and also in obtaining a copy of the Police Report to give to the Court.

Related Landlord-Tenant Questions