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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34288
Experience:  16 years real estate, Realtor. Landlord 26 years
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I was unable to make my initial hearing for my eviction. I

Customer Question

I was unable to make my initial hearing for my eviction. I was being evicted for non-payment of rent, and I had the rent turned in within 2 days of receiving the summons. I have confirmation that the landlord received the rent payment, but the hearing was not dismissed. Can I appeal the eviction decision in Oregon due to having complied with the summons?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 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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Can I appeal the eviction decision in Oregon due to having complied with the summons?

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How long ago was the judgment of eviction entered against you?

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Did the landlord keep the rent money or did they return it to you?

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Did you pay the rent within the initial notice period (11 days) or only after you received a summons to go to court?

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thanks

Barrister

Customer: replied 4 months ago.
Can I appeal the eviction decision in Oregon due to having complied with the summons?
- This is what I need to know, as I missed my initial hearing and paid the rent within 2 days of being served the notice.
How long ago was the judgment of eviction entered against you?
- August 17th is when we were served
Did the landlord keep the rent money or did they return it to you?
- They kept the money. They have even acknowledged that they received it.
Did you pay the rent within the initial notice period (11 days) or only after you received a summons to go to court?
- I paid the rent with a cashier's check (from my Dad) two days AFTER I was served. This has happened before, and the eviction had been dismissed. I called the courthouse this morning to find out if the motion had been dismissed, but as of the time I called them, it had not been. I was unable to make the hearing, and the court clerk would not let me appear by phone.
Customer: replied 4 months ago.
Please tell me that if this was not dismissed, I can either A) get my rent payment back, or B) appeal the judgment? Please let me know what my options are. I am very distressed over this.
Customer: replied 4 months ago.
Another thing. There are serious issues with our home and we have addressed them previously and nothing has been done.
- Our home constantly pops a fuse when the bathroom outlet is being used (hairdryer, etc) and they have had an electrician tell them the house needs to be re-wired to code. They will not do this while we live in the home.
- Our front door to the outside is actually an INTERIOR hollow door, and not the proper exterior type of door. They will not replace it.
- We have windows in the home that will NOT close or lock at all. They have known about this since we moved in, and because it would mean replacing the windows, they will not do anything about them.Do we have a chance to stay in our home? We have poor rental history (and this doesn't help), and bad credit so we will be homeless if we lose this with no option to stay.
Expert:  Barrister replied 4 months ago.

Just a few minutes please while I research a few things..

Expert:  Barrister replied 4 months ago.

Ok, you can file an appeal with the Court of Appeals under ORS 53.010 and seek to have the judgment set aside due to the landlord accepting the rent, which makes the eviction action a moot issue, as long as you do so within 14 days of the judgment....which is two days from now. So you may be getting a little close to the deadline to effectively file now..

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You can file an appeal of the restitution judgment but would have to file a supersedeas bond pursuant to ORS 19.335 to stay execution of the judgment pending the outcome of the appeal.

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The biggest problems you are going to run into are 1. Time.. you have 2 days to get this done. and 2. There is no "form" you file to do this... it has to be drafted by you (or an attorney) individually since it is fact dependent.

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So to be honest, it is going to be tough to get this done and filed unless you are familiar with drafting your own legal documents and motions. If you aren't able to do this then I would suggest calling the local Legal Aid office to see if they can help.

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But at this point, the problems with the house would be a different issue entirely... This is about the rent, not the condition of the property.

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thanks

Barrister

Customer: replied 4 months ago.
The initial hearing was this morning. I still have not heard back from the landlord with regard to whether or not it was dismissed. I have an attorney through work, but I needed an answer right away and they were not open as of yet. So, I need to file an appeal with the court and ask for a stay of judgment? I am unable to download and fill out these forms, and need to have them drafted completely by an attorney?
Expert:  Barrister replied 4 months ago.

Ok, sorry for my confusion, I thought you meant that the hearing was on the 17th... So you have plenty of time to file the appeal if it was today.

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The landlord should have just told the judge or clerk to dismiss the action, or just not appeared himself so it would have been dismissed.

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You can call the clerk of the court and ask them if a judgment was entered in the case or if it was dismissed..

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So, I need to file an appeal with the court and ask for a stay of judgment?

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If a judgment was entered, yes.

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I am unable to download and fill out these forms, and need to have them drafted completely by an attorney?

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Correct. There are no standard appeal forms as every case is unique.. so the appeal motion is individually created depending on each case.

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So call the court clerk and ask them what the outcome was so you know which direction you need to go ..

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thanks

Barrister