A different Professional here.
Do I have a case?
Response 1: Yes, you do have a case if you have complied with the terms of the lease by reducing the exposure of your neighbor to your smoking.
Can they evict me with our word against a mentally unstable woman's?
Response 2: They can try, but you have to convince the Court that your neighbor is unstable and cannot be trusted. However, if your lease is going to up anyway, the Landlord has no legal obligation to renew your lease.
We have a lease which has a clause in it that states if smoke bothers neighbors we must take action to correct the situation. We did take action. We kept thinking the problem was resolved but as I said everyone here smokes marijuana. We have been given an "End of Tenancy Notice" for 7/31. This is in Oregon. It is all based on my upstairs neighbors word agains ours. Neither my son or I have a prescription for marijuana but could get one. We both have severe pain. Marijuana is legal in Oregon.
Response 3: A notice to vacate is not the same thing as Court Judgment for eviction. There is no self-remedy to eviction actions in Oregon. This means that if you refuse to move out at the expiration of the "End of Tenancy Notice," the Landlord cannot change the locks or shut off your utilities in order to force you out. The Landlord must use the Court system to accomplish the eviction. The Landlord must file eviction action against you and your son in Court and serve you with the Summons and a copy of the Complaint so that you can file your answer to the Complaint. This buys you more time until the hearing in the case and ruling by the Court. For more eviction, click on this PDF.
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