Oregon Renters' Handbook - OSPIRG

Chapter 9: Evictions And Other Landlord RemediesYou should assert that defensein the same way as if you wereasserting a general habitabilitydefense -- by checking thefirst space and listing the repairproblems on the lines provided.(See Eviction for Cause, and TenantRemedies for Lack of EssentialServices)RetaliationThis is the one to check if youhave received a notice withoutcause and believe that the evictionis retaliatory. (See Retaliation)Status as a Victim ofDomestic Violence, SexualAssault, or StalkingThis is the space to check if youbelieve your landlord is evictingyou because of your statusas a victim of domestic violence,sexual assault, or stalking. (SeeDiscrimination Against Victim)Eviction Notice is WrongThis space applies if the landlord: allow the proper amount oftime to cure the violation(e.g., less than 72 hours to payrent); 30-day notice without causewhen you are not a monthto-monthtenant, etc.Space #4 - Any Other DefenseThis is a place to list any of thenumerous defenses which arenot common enough for one ofthe first 3 spaces. For example, ifyou believe the eviction is basedupon an unlawful discrimination,this is the place to say so(e.g., “the landlord is trying toevict me because of my race”).(See Discrimination)The “any other defense” space isalso appropriate when you aretrying to show that rent is notdue because you are entitled todamages for the following: (See The Agreement CannotInclude...); any substantial violation ofthe rental agreement by thelandlord;www.ospirgstudents.orgOSPIRG73