Retaliatory Eviction

[BigBlock]

My question involves an eviction in the state of: OR

I have been leasing a building month to month for about 3 years now. Recently I made an anonymous code complaint to the city about the landlord's property, after trying to remedy the situation myself. Today I get a letter that says I'm being evicted "with no reason given". I'm almost 100% positive it has to do with the complaint I filed against the landlord. (I gave the LL more than enough time and patients to fix things herself first)

Is this retaliatory eviction, and is there anything I can do about it? Can I make the landlord give me a reason so as to exclude retaliatory eviction as a possibility?

[Mr. Knowitall]

If you believe you can make a case that this is a retaliatory eviction, you can raise that defense to your landlord's eviction lawsuit.

[BigBlock]

you can raise that defense to your landlord's eviction lawsuit.

There is no "lawsuit", as of yet anyway.

What I need to know is,
A) Can I be protected from retaliatory eviction in a non residential setting with a month to month lease?

B) Since my landlord is refusing to give me an actual reason, can I assume the reason is retaliation until the landlord can prove otherwise? How would the LL prove otherwise?

The letter I received says the lease is being terminated "without stated cause". We all know there is a reason, you don't just throw out paying customers one day "without cause". As of now she still refuses to give a reason, which only makes it look like she's hiding something.

[BigBlock]

What I need to know is,
A) Can I be protected from retaliatory eviction in a non residential setting with a month to month lease?

B) Since my landlord is refusing to give me an actual reason, can I assume the reason is retaliation until the landlord can prove otherwise? How would the LL prove otherwise?

Anyone...?

[Mr. Knowitall]

Retaliatory eviction is a defense to eviction, so you would need to demonstrate that it applies in response to an action to evict you.

(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:

(a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:

(A) A building, health or housing code materially affecting health or safety;

(B) Laws or regulations concerning the delivery of mail; or

(C) Laws or regulations prohibiting discrimination in rental housing;

(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;

(c) The tenant has organized or become a member of a tenants’ union or similar organization;

(d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;

(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:

(A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155; or

(B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or

(f) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.

(2) As used in subsection (1) of this section, “decreasing services” includes:

(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and

(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.

(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 and has a defense in any retaliatory action against the tenant for possession.

(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:

(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord. A determination whether the manner, time or effect of a complaint was unreasonable shall include consideration of all related circumstances preceding or contemporaneous to the complaint;

(b) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;

(c) The tenant is in default in rent; or

(d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.

(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.

(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 shall not be considered to be in default in rent.

(7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (2).

By its language, the statute applies to tenancies with a fixed term during that term, and to tenancies without a fixed term - such as a month-to-month tenancy.