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Retaliatory Eviction- Oregon (Sorry, Long)

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PissedOregonian

Junior Member
What is the name of your state? Oregon

In May of this year I leased a 2bd/2ba apartment for myself and my two children, ages 3 and 4. My younger son has cerebral palsy and epilepsy, so when I leased the apartment, I checked the box on the application for "reasonable accomodation". I required a unit that was ground floor with no stairs and had easy access for emergency vehicles. There was only one such unit, and it had a "qualified application" on it already.

The day after I made the application, the LL called and told me that we indeed could have the unit that we wanted, and the other people took a top floor unit. We moved in May 26th.

On May 27th, literally the day after I moved in, the manager barged through the door to do an impromptu inspection, on the grounds that "she had heard that we may be unsanitary". Excuse the hell out of me, but I am one of the cleanest people you will ever meet. She was shocked to see that not only was everything extremely clean, I have very expensive imported furnishings and two large plasma televisions.

On June 5, at about 3 am, the neighbors next door had their music cranked up. My then-boyfriend and I went over to their door and asked them to turn it down. The woman that answered the door had a crack pipe in her hand! Not only that, the smell that came wafting out her door was enough to knock you over. A combination of filth, dog poop, and an acidic smell. The next morning, I called the manager who in turn called the police. There was an immediate raid of the unit, all adults were arrested, and the child was taken into DHS custody. The cop that interviewed me told me that they were being arrested for a drug offense.

The same day one of my other neighbors asked why all of the police were in the complex. I told her what the cop told me. Not an hour later, the manager came over, threatening to evict me if I told anyone else what had happened there. Ok, whatever, I went about my business and thought it was over with.

Then the notices start coming. Every other week or so, I would get a bull**** notice on my door claiming some absured "violation" of my lease. One accused me of having two pit bull dogs. I have NO dogs. One accused me of speeding through our parking lot and revving my engine when told to slow down (I wasn't even home!). Each time I would call the manager and politely tell her that it was untrue.

This month was the final straw. I got married 9-15 and my husband moved in 10-01. The rent is due on the 5th. On the 4th, I put the rent check in the collection box. On the 10th, by mail, I received a 72 hour notice for non-payment. It said that if I had already paid the rent by the time I received it, to disregard the notice. So I disregarded it.

On the 18th I received an eviction notice nailed to my door! I immediately called the manager and reported to her that not only had I paid the rent, she had failed to deposit it. My bank showed that the check had not been presented for payment. At that time I also informed her that my mailbox key no longer worked. She told me to fill out a maintenece request, and at the same time, submit a rental app on my husband because he had just moved in. Here's the important part- during this phone call, she told me to "drop off a new check, and things will be just fine."

We immediately (within 5 min) went to her office to do just that. Mysteriously, she was nowhere to be found. So, my husband pulls a blank rental application out of the box affixed to the outside of the rental office door....and guess what falls out of the bottom...

Our rent check, dated 10-04-06.

I called her immediately to report this. I had to leave a message because she wouldnt answer. I called her home office, and her boss called me a liar and told me he would see me in court.

I saw the onsite manager the next morning, and tried to give her a new check and the application. I showed her our original check that was found in the credit app box. She told us that in contrary to our conversation the day before, she had been instructed NOT to accept our payment or our application. She also informed us that when we go to court, they will not accept it there either. They want us out in 24 hours after our court date.

What do I do? I've never been a problem tenant. I paid on time, every time. I did not make excessive maintenance requests. She and the management company are retaliating.

Thanks alot!
 


FarmerJ

Senior Member
Let it go to court , so you know even when you drop a check off and no one is there that doesnt mean that the rent is paid , as far as the incident with the drug bust it became public information as soon as the police came wether your LL likes it or not. as far as communications with your LL stop using the dang phone , send letter via certifed mail no matter what it is from now on, if they refuse the letters keep them when returned to you un opened , they can explain to a judge why they refused to pick up mail, phone call conversations are too hard to prove. Now with LL claiming they want you gone 24 hours after court, guess what? its up to a judge not them, if you bring to court with you the rent and fees for the court action the court might not grant the LL her wish, If the eviction attempt is set aside by the court with your payment then from now on NEVER just leave a check either go and get reciept from them at the time you pay or send the rent check in certified mail.
 

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