Legal Question in Landlord & Tenant Law in Oregon

RetaLiation evictionand harrassment

i had $400 stolenfrom my apt, and i fell behind in rent, i called to explain the sit. & he started yelling at me like a child, & since that time my hours at work were cut cuz of winter, and ive had to pay my rent in 2 payments, plus late fee every month, hes never had a real big issue with that, except every time i would see him, 2 give him money, he ask me when i would be on the right schedule for paying rent in full on time he harrasses me by pounding & kicking my door at 4am to collect the rest of the rent the other night neighbors called cops cuz they thought that someone was fighting in the hallway well the cops yet again knocked on my door interegating me thinking it was from my apt. the cops r always called for the same couple fighting i have mentioned this to my landlord several times well i finally had enough & called him again & told him that i was tired cops knocking on my door & 2 take care of it he gave me eviction not. next day i have already given him $100 dollars towards my rent this month the not. is for non-payment of rent plus on the eviction not. he lied he says he served it personally he slidf it under my door on rent amts. he says i owe more than i do &i have reciepts for most pymnts, is this legal????


Asked on 3/13/07, 2:07 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: RetaLiation evictionand harrassment

There is a lot going on here.

One piece of advice is to get receipts when you make rent payments.

ORS 90.140(2) states that a tenant who requests a receipt is entitled to receive a receipt as a conditon of payment.

There is also a right of quiet enjoyment in the premises, but that goes against something that a landlord has control over. A landlord doesn't necessarily have control over other tenants or the police.

The fact that your landlord is knocking on your door at 4am relates to another legal provision. ORS 90.375 states that a landlord may not remove or exclude or threaten to do so a tenant. Landlords must give a tenant proper notice of why and when the lease is terminated. Landlords may not use self-help remedies.

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Answered on 3/27/07, 11:58 am


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