Legal Question in Landlord & Tenant Law in Oregon

can an attorney in California file an unlawful detainer in Oregon for a business in Oregon, on behalf of the business owner/landlords tenant? the attorney is not licensed in Oregon only California and the tenant and landlord are both in Oregon.


Asked on 11/04/15, 5:40 pm

1 Answer from Attorneys

Robert Mauger The Law Office of Robert L. Mauger

Maybe. FED (Eviction) court is one of those rare exceptions to the general requirement that a business may appear before a court only through a licensed attorney.

ORS 105.130 (4) An action pursuant to ORS 105.110 (*an FED AKA eviction*) shall be brought in the name of a person entitled to possession as plaintiff (*landlord*). The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies (*residential tenancy*), the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

So if it's a residential eviction, likely the answer is "yes." If it's a commercial lease, I would suspect the answer is no, but there may be some other exception applicable that your question doesn't reveal. Either way, if you're being evicted, you should consult with your own attorney.

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Answered on 11/05/15, 11:12 am


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