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
1 Answer from Attorneys
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.