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  1. #5
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    Mar 2013
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    Default Re: Evicted After We Moved Out. Legal Recourse

    Quote Quoting romjaxn
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    Evicted After We Moved Out. Legal Recourse
    I agree with Gail that you are a dirtbag for skipping out on your lease and stiffing the LL.

    However, in spite of that, I see a couple of possibilities.

    1 - Oregon's process service rules require (if you personally cannot be handed the summons) that:

    "Substituted service may be made by delivering a true copy of the summons and the complaint at the dwelling house or usual place of abode of the person to be served, to any person 14 years of age or older residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, by first class mail, a true copy of the summons and the complaint to the defendant at defendant's dwelling house or usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing any period of time prescribed or allowed by these rules or by statute, substituted service shall be complete upon such mailing."

    http://www.search-for-servers.com/pr...ng-laws/or.htm

    So, you see, you could have been properly served without ever seeing the document. However, it needs to have been served on "a person" at the residence.

    What does the "affidavit of service" in the case file say about that?

    2 - As for the LL having to re-rent in 1 1/2 months so you'd owe less, that's not necessarily true. The 1 1/2 months lease breaking fee was apparently in your lease. That makes it a "liquidated damages" clause and the LL is entitled to it regardless of when he re-rents. Google "liquidated damages" and you'll have an idea of what you need to prove to invoke "mitigation of damages" (google that, too).

    3 - With regard to the accounting for the security deposit I don't see anything in that statute that absolves the LL of liability for you not providing your new address:

    http://law.justia.com/codes/oregon/2...ection-90.300/

    His defense would have to be that he mailed the accounting statement to your last known address (the rental) and he would have to present contemporaneous evidence of that.


    Bottom line: Go ahead and sue for whatever you think your damages are and see how it goes. Keep in mind that doing so reveals your current whereabouts to the LL so if he has monetary losses to claim he can countersue and jump on you with both feet if he wins.

    Or, accept the consequences of stiffing a landlord and get on with your life.

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