Legal Question in Real Estate Law in Oregon

rent withholding/non payment of rent FED hearing

my tenant has informed me that he will present a defense & counterclaims with his lawyer at our FED hearing, the first appearance was set over... am i entitled to get copies of any evidence he intends to bring to trial? how do i request those copies (for example a video tape which incriminates me) if not, can i request time to look over his counterclaims? will the judge ask me for testimony to his claims immediately? i am worried that i will not be prepared for what he may bring... thank you


Asked on 11/23/99, 8:45 am

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: rent withholding/non payment of rent FED hearing

First, you should consider hiring an attorney to represent

you at the upcoming hearing. From your questions, it appears

that you are unfamiliar with the court process and with FED actions

specifically. If you lose, you could end up responsible for paying

the tenant's attorney fees and the tenant could

remain in your property.

In Oregon, FEDs are done in 2 steps, a first

appearance then a trial. The first appearance is

not usually set over.

You are able to get the documents and other evidence

that you tenant has, but the procedures to do so must be

followed correctly.

Our office represents landlords in landlord-tenant

cases in the Portland Metropolitan area. Please give

me a call or send an e-mail. You should move quickly, since

the FED trials are just a short time following the

first appearance.

Read more
Answered on 11/23/99, 3:01 pm


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