Oregon Renters' Handbook - OSPIRG

Chapter 9: Evictions And Other Landlord Remedies cause and you believe thecause did not exist, that itwas not enough to permiteviction, that you fixed theproblem within the time allowed(or the landlord refusedto accept a fix), or that therule in the rental agreementwhich the landlord claims wasbroken was an invalid rule.Ex ample: The lease violationwas based upon a rule prohibitingguests, but the rulewas adopted after the tenantmoved in and without thetenant’s consent.You should check all thespaces and fill in all thedefenses you believe you have, butyou should not check a space or statea defense that you don’t believe ingood faith exists. For example, “I don’thave the rent” is not considered adefense.If, at the trial, the landlordclaims you are trying to raisea defense which is not statedin your answer, the worst thatcan properly happen is that thelandlord will get a delay in orderto prepare to meet the defense.In other words, the answer doesnot limit the defenses availableto you if you don’t fill it out correctly.Preparing for TrialWhen preparing for the trial,remember that in most cases thecourt will only listen to testimonywhich you or your witnessesdirectly saw, heard, or otherwiseperceived.If an inspector looked at therepair problems, and you believehis testimony will help yourcase, you can subpoena thewitness and any records witha form available at the courtclerk’s office.74Oregon Renters’ Handbook