Legal Question in Landlord & Tenant Law in Oregon

i am low income and have little or no resources to obtain legal advice. my rental agreement says landlord may terminate agreement by giving only 30 days notice for a no-cause termination but i have rented for over a year and by law i am to be given 60 days notice and by altering and adding info to a termination of tenancy form that was posted on my door, that i have to vacate premises in 30 days even though it states the law at the bottom of the form they filled out so ignorance to this seems impossible to claim to me. therefore, according to ORS 90.245 if a landlord uses a rental agreement containing provisions known by landlord to be prohibited and attempts to enforce those provisions the landlord is liable for actual damages and up to 3 months rent in addition. what i need to know is how do i file action for and collect damages for this? what is the legal procedure including which forms which court etc... any and all info about this is greatly appreciated.


Asked on 4/16/15, 1:38 am

1 Answer from Attorneys
Robert Mauger The Law Office of Robert L. Mauger

You should probably focus first on your eviction, if one is coming up, and worry about damages second. If your landlord is trying to terminate your lease on an invalid notice, you should probably talk with an attorney. If you hire an attorney to defend yourself and you prevail, your landlord will have to pay your attorney fees. For that reason, if the notice is defective, you should be able to find an attorney who will represent you for very little money up front.

To claim damages, you need to file litigation. You can file a small claims complaint, which you don't need an attorney to help with, and most courthouses have the paperwork available for about $5. The Oregon State Bar also has a lot of information about the small claims process here --> https://www.osbar.org/public/legalinfo/1061_SmallClaims.htm

Whether you can win or not would require a more detailed review of the facts and paperwork involved. It may be worth contacting the lawyer referral service who can refer you to an attorney to review your matter for $35. https://www.osbar.org/public/ris/ Good luck.

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Answered on 4/16/15, 10:32 am


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