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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9353
Experience:  Just Answer consultant at Self employed
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HOW CAN A TENNANT WIN A NO CAUSE EVITION? Deschutes County,

Customer Question

hOW CAN A TENNANT WIN A NO CAUSE EVITION?
JA: Where is the property located?
Customer: Deschutes County, Oregon
JA: Has any paperwork been filed?
Customer: Yes. A no cause 30 day notice has been given.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I went to court for that today and the tenants paid a fee to give an "answer".
Submitted: 10 days ago.
Category: Real Estate Law
Expert:  legalgems replied 10 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 days ago.

In order for a tenant to prevail on a no cause eviction they would actually have to show (and they have the burden of proof) that the landlord (LL) evicted for a reason that is not permitted;

such reasons may be:

1. discriminatory

2. retaliatory

So if for example the tenant has recently complained about the condition of the premises, and the LL then provides notice, the court can determine it is retaliatory and thus unlawful.

https://www.osbar.org/public/legalinfo/1253_ResidentialEvictionNotices.htm

Please see the statute re: retaliation:

https://www.oregonlaws.org/ors/90.385

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html