My question involves landlord-tenant law in the State of: Oregon
In 2013/2014 my family lived in an apartment where the neighbors were always excessively loud. We complained about it to the rental management numerous times. However the other apartment was owned by another individual. We have an autistic son and the noise level always bothered him. So we decided to break the lease and move out.
We had moved out before February 12, 2014. On February 12, 2014 the landlord wrote a 72 hour notice and posted it on the door. We were already gone though and we did still owe the prorated portion of February's rent plus 1.5 months of rent due to breaking the lease.
On February 20th or so, the landlord had an eviction approved in court and it was posted on the door February 26th, 2014. We had no knowledge of this eviction. We were not served not contacted in any way, shape, or form.
Come August 2016. The place we've lived in since the above was sold and the new owner wants to renovate the apartments. They gave us proper notice and we were month to month. No big deal. So we go and start applying for another apartments and we kept getting turned down. We come to find out that we have the above eviction on our record. Today we filed some paperwork with the court to remove the eviction, as we were already out of the apartment and the lease terms were already broken and the landlord had agreed to that. We have the paperwork on it. I have no doubt that the eviction will be overturned and removed from our credit.
However, now we have to wait for the court to approve. We don't have an apartment lined up and we're having to move in with my parents temporarily while waiting for the court. This is causing a number of hardships, as they live in a different area. My wife and I both work and now we're having to get them to and from school (next week when it starts) because we're temporarily living in a different district. This is causing extreme anxiety and hardship to myself, my wife, and our children. Not to mention my parents. We've put all of our stuff in storage for now. What is our legal recourse against the landlord for filing this unlawful eviction? By the way, the 72 hour notice was for failure to pay the prorated portion of February's rent. Which is my fault. However, since the lease was already broken and we were moved, wouldn't that be taken to small claims? Honestly it was an oversight on my part and if she would have called me I would have paid it right then, no problem. I'm definitely in fault when it comes to that and it would have never gone to small claims because, again, I would have paid it.
Other than file with the court to remove the eviction, what other recourse do I have? Is it past the statute of limitations or does the statute start now because I just now found out about it? I was never served, so how did they do an eviction without me even being there or contacted?
On a side note, we had a $1,000.00 security deposit on the place and we never received a receipt on what it was used for. So thinking about it now, they would have used part of it for the prorated rent we owed. This seems like landlord retaliation to me.
Sorry for long post. Thank you for any advice.
In 2013/2014 my family lived in an apartment where the neighbors were always excessively loud. We complained about it to the rental management numerous times. However the other apartment was owned by another individual. We have an autistic son and the noise level always bothered him. So we decided to break the lease and move out.
We had moved out before February 12, 2014. On February 12, 2014 the landlord wrote a 72 hour notice and posted it on the door. We were already gone though and we did still owe the prorated portion of February's rent plus 1.5 months of rent due to breaking the lease.
On February 20th or so, the landlord had an eviction approved in court and it was posted on the door February 26th, 2014. We had no knowledge of this eviction. We were not served not contacted in any way, shape, or form.
Come August 2016. The place we've lived in since the above was sold and the new owner wants to renovate the apartments. They gave us proper notice and we were month to month. No big deal. So we go and start applying for another apartments and we kept getting turned down. We come to find out that we have the above eviction on our record. Today we filed some paperwork with the court to remove the eviction, as we were already out of the apartment and the lease terms were already broken and the landlord had agreed to that. We have the paperwork on it. I have no doubt that the eviction will be overturned and removed from our credit.
However, now we have to wait for the court to approve. We don't have an apartment lined up and we're having to move in with my parents temporarily while waiting for the court. This is causing a number of hardships, as they live in a different area. My wife and I both work and now we're having to get them to and from school (next week when it starts) because we're temporarily living in a different district. This is causing extreme anxiety and hardship to myself, my wife, and our children. Not to mention my parents. We've put all of our stuff in storage for now. What is our legal recourse against the landlord for filing this unlawful eviction? By the way, the 72 hour notice was for failure to pay the prorated portion of February's rent. Which is my fault. However, since the lease was already broken and we were moved, wouldn't that be taken to small claims? Honestly it was an oversight on my part and if she would have called me I would have paid it right then, no problem. I'm definitely in fault when it comes to that and it would have never gone to small claims because, again, I would have paid it.
Other than file with the court to remove the eviction, what other recourse do I have? Is it past the statute of limitations or does the statute start now because I just now found out about it? I was never served, so how did they do an eviction without me even being there or contacted?
On a side note, we had a $1,000.00 security deposit on the place and we never received a receipt on what it was used for. So thinking about it now, they would have used part of it for the prorated rent we owed. This seems like landlord retaliation to me.
Sorry for long post. Thank you for any advice.
Unlawful Eviction: Evicted After We Moved Out. Legal Recourse
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