Legal Question in Real Estate Law in Oregon

Small claims case without lease

I lived with a couple for 25 of the 31 days in March of 2002. We had a verbal agreement that there would not be a lease involved until we were all sure our living situation would work out. I had animals and they were unsure if they would want to live with them. We agreed on a two month trial peorid. I paid $365.0 for a whole month and they kicked me out on the 20th day. So I found a place and moved. Now they are taking me to small claims court. They want $1200.00 for bills, not giving a 30 day notice, and things they say are missing.

I have a witness that will testify that I gave $120.00 for bills and another witness that will say she helped me move out and we didn't take anything. The roommate was also home when I was moving out.

What are her chances of winning if she doesn't have a lease and also doesn't have any receipts for the items she says are missing.

Also she said that their were damages done to her house. I took pictures a week before I moved and they don't have dates but do show the house in perfect condition. Can I use these.

I'm going to court Oct 14th can you please respond ASAP!

Thank you for your help


Asked on 9/24/02, 3:09 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Small claims case without lease

Although I cannot predict your likelihood of success with the bare facts that you hae presented, there are several things you can do to improve it.

1. Be organized. Make three sets of copies of all your exhibits, one for you, one for the judge and one for the other side;

2. Outline your case so you can present it coherently;

3. Bring whatever witnesses you need with you. Generally the court will not allow letters from people who should be there to testify in person. (Such letters are considered hearsay and generally not admissible)

4. You have to present your case through your testimony and that of others. Outline the questions you want to ask your witnesses and the other side ahead of time.

5. Don't argue with the judge.

Most small claims courts in Oregon expect you to try to settle your dispute with the other side before being heard by the judge. Come prepared to at least consider settlement.

Good luck.

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Answered on 9/25/02, 11:48 am


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