Legal Question in Landlord & Tenant Law in Oregon

statute of limitations on filing against nonpaying tenant

I would like to know how long a landlord has to file a claim and/or judgement against a former tenant. The landlord claims he is owed for damages and 4 days of rent. The tenant claims there was no damage and will not pay the rent because they had to move due to unsafe conditions in the complex and apartment.

The tenant moved out in October 2000. The landlord tallied the amount due on 31 October 2000. The landlord sent the letter through a collection agency about one year later, in 2001. No letter was sent directly by the landlord. The tenant replied saying that the timelimit had been exceeded and also requested pictures of the damage. The landlord did not respond. Another letter was sent in 2004 and October of 2005.

The tenant has been told that the landlord has 7 years to file a judgement against them. The statutes mention a 1 year statute of limitations.

What is the last date that the landlord can file in any court for relief? Can the landlord still take the case to small claims?

Thank you


Asked on 5/31/06, 5:33 pm

1 Answer from Attorneys
Daniel Margolin Stephens Margolin, P.C.

Re: statute of limitations on filing against nonpaying tenant

The landlord can always file his claim, however, a defense would be based on the statute of limitations. Feel free to contact me for more information.

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Answered on 5/31/06, 9:16 pm


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