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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18367
Experience:  B.A.; M.B.A.; J.D.
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My son and I are being evicted because our upstairs neighbor

Customer Question

My son and I are being evicted because our upstairs neighbor complains of smoke. First it was just smoke. Then it was cigar smoke. When I finally confronted her she admitted it was marijuana smoke and it was coming from the master bedroom. I smoke cigarettes in the living room. My son does smoke marijuana in the bedroom but not enough to cause complaints. Everyone in this complex smokes marijuana. I can smell it when I drive in from my car. How can she know it comes from our apartment? Prior to her living here we had a family up there with a pregnant women. They never complained once. Her neighbors got my neighbor kicked out for smoking. This is how she got her idea. This is the kicker. She is very obviously a paranoid schtzophenic. This whole thing is her word against ours. I am severely disabled. I have had 4 surgeries on my spine. I need more. I can't move in this condition.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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1. Can you tell me what state this is in?

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2. Is there anything in the lease that prohibits smoking in the apartment?

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3. Does son have a medical or legal permit to use marijuana?

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4. Are you under a written fixed term lease or are you month to month?

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5. Has the landlord given you any type of written notice to vacate?

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6. If so, what is the basis of their action in terminating your tenancy?

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thanks

Barrister

Customer: replied 8 months ago.
Do I have a case? Can they evict me with our word against a mentally unstable woman's?
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.
Expert:  barristerinky replied 8 months ago.

Thank you for that information. But I still need to know if you are under a fixed term lease or are month to month?

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And are you saying that they are terminating the lease based on the allegation of a violation of the lease?

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What violation are the specifically stating that they are terminating the lease under?

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Or is your lease just expiring?

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thanks

Barrister

Expert:  barristerinky replied 8 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 8 months ago.
We do have a lease but it's up two weeks after the order to vacate. Here is what the lease says: If residents smoking disturbs the quiet enjoyment of of any other resident,I just got notified from the bank that you've charged me at least twice for $59. I thought the first week was free and I didn't get to do the phone call thing. This is the last thing I need. I am stopping until this is straightened out.
Expert:  barristerinky replied 8 months ago.

I definitely understand you wanting to figure out any payment issues... I will send the question over to customer service so they can figure it out..

Customer: replied 8 months ago.
Just got off the phone with the bank. One transaction was approved for $49. The second didn't go through ....not yet anyway. Does that mean it won't? I didn't realize there was a charge for the phone call until after I clicked. Please cancel the phone call.
********* *********
Expert:  Phillips Esq. replied 8 months ago.

A different Professional here.

Your Questions:

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.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.