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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19297
Experience:  B.A.; M.B.A.; J.D.
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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: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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.

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