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Oregon Unlawful Eviction/Conversion/Small Claims Court

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Oregon Unlawful Eviction/Conversion/Small Claims Court

Postby tenant333 » Tue Sep 09, 2008 2:36 pm

re case in Oregon - Hi, I would greatly appreciate any advice re my legal situation. My landlord performed an unlawful eviction and conversion of my personal property. This was done after I sent 2 rent withholding notification letters and sought temporary housing elsewhere until the landlord repaired or remedied ongoing habitability, health and safety violations. This was also after 1 year of steadily escalating retaliation and harassment for seeking help from governmental agencies and, per their advice, documenting the nuisance and problems by photographing them.
The landlord's only response to my rent withholding was to mail me a Termination of Tenancy- stating that should I continue to occupy the premises as of September 19, 2007, eviction proceedings would be initiated in court. I waited for the FED notice, checked the online court docket daily, and was fully prepared to file an answer and counterclaim. In the meantime, since this was federally subsidized housing, I continued seeking help from the Housing Authority and HUD.
December 26, 2007, I received a "Final Accounting" document from the landlord. The letter was dated Dec 5 and the meter postmark was Dec 21. It stated that I "vacated" the apartment on September 19th and owed cleaning and bogus damages in the amount of $1,575. - including $200 for the "Removal of Belongings" which was, in fact, an entire duplex apartment full of furniture, clothing, etc. - all of my personal property. Throughout Oct, Nov, Dec 2007 and January 2008- I continued to receive my usual Housing Authority - HUD paperwork including annual inspections, rent recertifications, and a rent payment adjustment check for active tenants in good standing.
I am now living in California and have given up trying to find a lawyer (my case is not enough personal injury/damages$ to interest one). If I file in Small Claims Court- in Oregon- would the Statute of Limitations apply to the fraudulent "vacate" date of Sept 19th or the actual date of discovery of Dec 21st? Would the unlawful eviction and conversion claims strictly fall under "Landlord-Tenant" or could they be Intentional Torts i.e., Fraud, Conversion, Intentional Infliction of Mental Distress (along with prior incidents of Fraud and Invasion of Privacy)? I spent 4 hours online last night- on osbar.org and all the Oregon court sites, etc. just trying to find the proper small claims forms, low-income fee waivers- and if I can file electronically or not. I went round and round like a rat on a wheel- getting nowhere...no useful info. I thought I'd give you a try after reading your posts about other people's tenant problems. Thank you...any advice would be a blessing at this point.
tenant333 is still standing
Posts: 1
Joined: Mon Sep 08, 2008 8:36 pm
Location: Oregon

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