Oregon Tenant Rights Violations
Summary
The tenant may have several claims under Oregon law, including violations of ORS 90.315 for failing to separate utilities from rent, ORS 90.220 for lack of a written rental agreement, and ORS 652.610 for unauthorized payroll deductions. The landlords delay in addressing non-payment and the propertys uninhabitable condition could further support the tenants case. Remedies may include rent reimbursement, compensation for temporary housing, and damages for emotional distress. Consider consulting an attorney for personalized legal advice.Full Conversation
from august *-december * rent was being charged to me and collected from me through unauthorized pyroll deduction , violating pay stub requirements, violating withholding law wit employer being the final beneficiary of withholding. Rent was changed under threat of me reporting violations to BOLI a title change and responsibity increase.
Case Rating: *.
It sounds like you have several potential legal issues. Here are some relevant points under Oregon law:
- ORS *.*: Utilities must be clearly stated and separated from rent.
- ORS *.*: Written rental agreements are required.
- ORS *.*: Landlords must provide a non-payment notice for rental assistance.
- ORS *.*: Unauthorized payroll deductions violate wage laws.
You should consider consulting an attorney to explore these violations and your options. Do you have any specific questions or need further information on any of these points?
draft a motion to dismiss based on these facts
Draft Motion to Dismiss
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name], [Case Number]
MOTION TO DISMISS
I. Introduction
Defendant, [Your Name], respectfully moves this Court to dismiss the Complaint filed by Plaintiff, [Landlord's Name], for the reasons set forth below.
II. Facts
*. Plaintiff issued a termination notice of tenancy for non-payment of rent.
*. The notice failed to separate utilities from rent, contrary to ORS *.*.
*. Originally, rent was $*.* ($* for rent and $* for utilities). Subsequently, rent was renegotiated to $*.*, all-inclusive.
*. There was no written communication regarding the breakdown of rent and utilities.
*. The tenant requested a non-payment notice to access rental assistance but was denied twice.
*. The tenant requested reissuance of a compliant termination notice, whichwas also denied.
*. From August * to December *, rent was collected through unauthorized payroll deductions, violating pay stub requirements and withholding laws.
III. Legal Grounds for Dismissal
*. Failure to Separate Utilities from Rent:
- ORS *.* requires utilities to be clearly stated and separated from rent.
*. Lack of Written Rental Agreement:
- ORS *.* mandates written rental agreements, which were not provided.
*. Failure to Provide Non-payment Notice:
- ORS *.* requires landlords to provide a non-payment notice for rental assistance, which was not done.
*. Unauthorized Payroll Deductions:
- ORS *.* prohibits unauthorized payroll deductions.
IV. Conclusion
For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss the Complaint.
Respectfully submitted,
[Your Name]
[Your Signature]
---
Would you like more detailed information on any specific point?
so far yes, further information tenant was employed by landlord until august 30th *. tenant filed employment violations with BOLI landlord issued termination notice no cause 30 days after receipt of boli complaints within a few days. notice was defective with tenancy being over a year. Termination letter demanded all keys except for rental housing. these cases 23LT10936 dismissed with prejudice failure to prosecute, 23lt19491,24lt12032, landlord motioned for vacating of dismissal of 24lt12032 was granted * weeks to file a complaint with merit July 23rd *...order not etered until */*/* case closed */*/* landlord again failed to prosecute despite court granting vacating and court suggestion of non payment, oct * * landlord finally issued noyice of termination for non pyment 6 months later. tenant also has open claim for relief filed july 3rd and has pending federal court case now
It seems like you have several strong points for your motion to dismiss. To strengthen your case, you may want to highlight these key legal violations:
- ORS *.*: Utilities must be clearly stated and separated from rent.
- ORS *.*: Written rental agreements are required.
- ORS *.*: Landlords must provide a non-payment notice for rental assistance.
- ORS *.*: Unauthorized payroll deductions violate wage laws.
- ORS *.*: Termination notices must comply with specific timeframes and conditions, especially for tenancies over a year.
Would you like help with drafting any specific portion or need additional legal references?
yes i would much like help drafting an all inclusive legal defense showing cause for dismissal
Sure, here's a more detailed draft:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name], [Case Number]
MOTION TO DISMISS
I. Introduction
Defendant, [Your Name], respectfully moves this Court to dismiss the Complaint filed by Plaintiff, [Landlord's Name], for the reasons set forth below.
II. Facts
*. Plaintiff issued a termination notice of tenancy for non-payment of rent.
*. The notice failed to separate utilities from rent, contrary to ORS *.*.
*. Originally, rent was $*.* ($* for rent and $* for utilities). Subsequently, rent was renegotiated to $*.*, all-inclusive.
*. There was no written communication regarding the breakdown of rent and utilities.
*. The tenant requested a non-payment notice to access rental assistance but was denied twice.
*. The tenant requestedreissuance of a compliant termination notice, which was also denied.
*. From August * to December *, rent was collected through unauthorized payroll deductions, violating pay stub requirements and withholding laws.
*. Tenant was employed by the landlord until August 30th, *, and filed employment violations with BOLI.
*. Landlord issued a defective termination notice without cause 30 days after receipt of BOLI complaints.
*. Several previous cases were dismissed due to the landlord's failure to prosecute.
III. Legal Grounds for Dismissal
*. Failure to Separate Utilities from Rent:
- ORS *.* requires utilities to be clearly stated and separated from rent.
*. Lack of Written Rental Agreement:
- ORS *.* mandates written rental agreements, which were not provided.
*. Failure to Provide Non-payment Notice:
- ORS *.* requires landlords to provide a non-payment notice for rental assistance.
*. Unauthorized Payroll Deductions:
- ORS *.* prohibits unauthorized payroll deductions.
*. Defective Termination Notice:
- ORS *.* mandates
a memorandum in support of all motions is required can you inclue required memorandum in support should include facts, argument, legal authority, conclusion,
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
I. Introduction
Defendant, [Your Name], respectfully moves this Court to dismiss the Complaint filed by Plaintiff, [Landlord's Name], for the reasons set forth below.
II. Facts
*. Plaintiff issued a termination notice for non-payment of rent.
*. The notice failed to separate utilities from rent, contrary to ORS *.*.
*. Rent was renegotiated to $*.*, all-inclusive, without written communication on breakdown.
*. Tenant requested non-payment notice twice for rental assistance but was denied.
*. Tenant requested reissuance of a compliant termination notice, which was denied.
*. From August * to December *, rent was collected through unauthorized payroll deductions, violating pay stub requirements and withholding laws.
*. Tenant was employed by landlord until August 30th, *, and filed employment violations with BOLI.
*. Landlord issued a defective termination notice without cause 30 days after receipt of BOLI complaints.
*. Several previous cases were dismissed due to landlord’s failure to prosecute.
III. Argument
*.
Failure to Separate Utilities from Rent - ORS *.* requires utilities to be clearly stated and separated from rent, which the landlord failed to do.
*.
Lack of Written Rental Agreement:
- ORS *.* mandates written rental agreements. The landlord did not provide a written breakdown of the renegotiated rent.
*.
Failure to Provide Non-payment Notice:
- ORS *.* requires landlords to provide a non-payment notice for rental assistance. The landlord denied two requests for such a notice.
*.
Unauthorized Payroll Deductions:
- ORS *.* prohibits unauthorized payroll deductions. The landlord violated this by deducting rent directly from payroll without authorization.
*.
Defective Termination Notice:
- ORS *.* requires specific conditions for termination notices, especially for tenancies over a year. The landlord issued a defective notice without cause shortly after BOLI complaints.
IV. Legal Authority
-
ORS *.*: Requires separation of utilities from rent.
-
ORS *.*: Mandates written rental agreements.
-
ORS *.*: Requires non-payment notice for rental assistance.
-
ORS *.*: Prohib
how does the unauthorized payroll deduction help with current case
The unauthorized payroll deduction strengthens your case in several ways:
- Violation of Wage Laws: ORS *.* prohibits unauthorized payroll deductions. This violation can support your argument of unlawful actions by the landlord.
- Pattern of Unlawful Conduct: Demonstrates a pattern of the landlord's disregard for legal requirements.
- Retaliation Evidence: Strengthens claims of retaliation if deductions were made in response to complaints or legal actions.
Would you need further specifics on any of these points?
does the unauthorized paroll somehow cancel any future legal claims relating to rental of the property
Unauthorized payroll deductions do not cancel future legal claims related to the rental property. They can, however, be used as evidence of landlord misconduct and strengthen your case.
Would you like more information on how to present this evidence in court?
yes more specifics how to raise this in trial
To raise the issue of unauthorized payroll deductions in trial, consider the following steps:
- Evidence Presentation: Gather all pay stubs and records showing unauthorized deductions.
- Testimony: Prepare to testify about the deductions and their impact on your financial situation.
- Legal Arguments: Emphasize ORS *.* violations and how they demonstrate a pattern of unlawful behavior by the landlord.
- Retaliation Claim: Link the deductions to any retaliatory motives, such as after filing complaints with BOLI.
Would you like help with drafting your testimony or preparing evidence?
the payroll stubs failed to show deduction. also house was not ready to occupy until january *
To address these issues:
*. Evidence Presentation:
- Collect any documentation or communications between you and the landlord regarding rent payments and deductions.
- Note any discrepancies in your pay stubs that indicate missing amounts which should have been shown.
*. House Not Ready to Occupy:
- Document any communications or evidence showing the house was not ready until January *.
- Highlight how this delay affected your tenancy and financial obligations.
*. Testimony:
- Prepare to explain the impact of the unauthorized deductions and the delay in house readiness on your financial and living situation.
Would you like more detailed guidance on any specific part?
i would like more information on landlord charging rent for a property not even ready to rent occupied until the end of october by previous employee
Under Oregon law, charging rent for a property that is not ready to rent may constitute a violation. Here are some key points:
- ORS *.*: Landlords must maintain habitable premises.
- ORS *.*: Tenants can claim rent reduction if the property is not habitable.
- ORS *.*: Tenants may recover damages if landlords fail to meet these obligations.
Can you provide specific details on the condition of the property and any communication with the landlord regarding its readiness?
occupied until end of october, i had to sort through an attic full of mostly garbage from previous tenants, removal of garbage, repaint, cleaning, etc needed to be done prior to tenant ready to move in
The landlord's actions appear to present several violations:
- ORS *.*: Landlords must maintain habitable premises.
- ORS *.*: Tenants can claim rent reduction if the property is not habitable.
- ORS *.*: Tenants may recover damages if landlords fail to meet these obligations.
Would you like guidance on how to gather and present evidence for the property's uninhabitable condition?
is tenant correct in stating that his occupancy began in august * through charging and collection of rent
If the landlord charged and collected rent starting in August *, the tenant could reasonably argue that their occupancy began at that time, regardless of the property's actual move-in readiness. Key points to consider:
- ORS *.*: Rent payment implies acceptance of tenancy terms.
- ORS *.*: Property must be habitable.
- ORS *.*: Tenant may be entitled to rent reduction if the property was not habitable.
Would you like more information on how to present these points in your defense?
yes, landlord charged and collected rent from august *-december * despite unit not being ready
To present your case effectively, consider these steps:
- Evidence Collection:
- Gather any proof of rent payments from August to December *.
- Document the condition of the property (photos, receipts for cleaning/repairs, etc.).
- Legal Arguments:
- Cite ORS *.*: Landlords must maintain habitable premises.
- Refer to ORS *.*: Claim rent reduction due to uninhabitable conditions.
- Use ORS *.*: Demand compensation for the period the property was uninhabitable.
Would you like assistance in drafting a formal complaint or notice to the landlord?
ladlord did refund * x 4 months to tenant after tenant threatened to file complaint with wage and hour and housing authority. what else can tenant claim as damages
Here are additional potential claims for damages:
- Cost of Repairs/Cleaning: Any expenses incurred for making the property habitable.
- Emotional Distress: Compensation for stress and inconvenience caused by uninhabitable conditions.
- Retaliation Damages: If the landlord retaliated after complaints, you may claim additional damages.
- Legal Fees: Reimbursement for any legal expenses incurred.
Would you like more details on how to calculate or present these claims?
yes expand on emotional distress calculation, i didnt have legal fees, or cost for cleaning...just time
For calculating emotional distress damages, consider the following factors:
- Severity of Distress: Describe the extent of emotional suffering due to the landlord's actions.
- Duration: Detail the length of time you experienced distress.
- Impact on Daily Life: Explain how the distress affected your daily activities, work, and relationships.
- Documentation: Keep records of any communications, complaints, or efforts to resolve the issue.
Would you like help with drafting a statement detailing your emotional distress?
My emotional distress was high never knowing when i would be able to move in, actuaal payroll vs salary proposal, I spent months trying to resolve this with executive director and board of director president, experienced anxiety, uncomfortable work environment, yes draft a statement detailing emotionall issues caused by their action
Here's a draft statement detailing your emotional distress:
---
Statement of Emotional Distress
I, [Your Name], experienced significant emotional distress due to the actions of my landlord. The distress was caused by several factors:
*. Uncertainty and Anxiety: I was never informed of a definite move-in date, causing constant anxiety and stress over my housing situation.
*. Payroll vs. Salary Proposal Issues: There were discrepancies between my actual payroll and the salary proposal, which added to my financial stress and uncertainty.
*. Prolonged Resolution Attempts: I spent months trying to resolve these issues with the Executive Director and the President of the Board of Directors, which was both time-consuming and mentally exhausting.
*. Uncomfortable Work Environment: The unresolved issues created a tense and uncomfortable work environment, further affecting my mental well-being.
These factors collectively led to severe emotional distress, impacting my daily life, work performance, and overall well-being.
---
Would you like any further assistance with this statement or additional information on presenting your case?
so what is the amount of damages i should seek because of these facts
The amount of damages you should seek can vary based on the severity of your distress and the specific impacts on your life. Typically, emotional distress claims can range from a few thousand to tens of thousands of dollars. Consider the following factors:
- Severity and Duration of Distress: Higher amounts for more severe and prolonged distress.
- Impact on Daily Life: Greater impact may justify higher compensation.
- Comparable Cases: Look for similar cases in Oregon to gauge potential awards.
Would you like help reviewing comparable cases to estimate a specific amount?
mostly damages occured due to wrongful termination of employment and then those were excacberated by the retailiation eviction attempts
It sounds like you have a strong case with multiple legal violations and significant emotional distress.
To seek damages for wrongful termination exacerbated by retaliatory eviction attempts, consider the following factors in calculating your claim:
- Lost Wages: Calculate the total lost income due to wrongful termination.
- Emotional Distress: Estimate compensation based on the severity and duration of distress.
- Retaliation Damages: Additional compensation for retaliatory actions by the landlord.
- Comparable Cases: Review similar cases in Oregon for potential awards.
Would you like assistance calculating lost wages or finding comparable cases?
i have legal representation and a case filed in federal court for the employment part
It's great that you already have legal representation for the employment aspect. For the landlord-tenant issues, you can pursue the following:
- Lost Wages: Calculate your total lost income due to wrongful termination.
- Emotional Distress: Seek compensation based on the severity and duration of your distress.
- Retaliation Damages: Request additional compensation for the retaliatory eviction attempts.
Would you like more information on specific Oregon landlord-tenant laws or guidance on presenting your case effectively?
how can i calculate lost wages for landlord attorney counter claim
To calculate lost wages for your landlord attorney counterclaim:
*. Determine the Timeframe: Identify the period during which you lost wages due to the landlord's actions.
*. Calculate Monthly/Hourly Wage: Use your regular monthly or hourly wage to calculate lost income.
*. Multiply: Multiply your monthly or hourly wage by the number of months or hours lost.
Would you like assistance in gathering specific evidence for your calculation?
how does loss of employment wages connect to eviction attempts
Loss of employment wages can connect to eviction attempts in several ways:
- Financial Hardship: Loss of income makes it difficult to pay rent, leading to potential eviction.
- Retaliation: If the landlord terminates employment and then attempts eviction shortly after, it may indicate retaliation, which is illegal.
- Mitigation of Damages: The landlord might fail to mitigate damages by not promptly addressing non-payment issues, exacerbating the tenant's financial situation.
Would you like more information on how to use these points in your defense?
yes more information would be great and yes landlord waited six months to resolve any past due alleged amount of rent
To strengthen your defense on the connection between loss of employment wages and eviction attempts, consider these points:
*. Financial Hardship:
- Evidence: Provide documentation of your income before and after termination.
- Impact: Show how the loss of wages directly affected your ability to pay rent.
*. Retaliation:
- Evidence: Highlight the timeline of events—termination of employment followed by eviction attempts.
- Legal Reference: Cite ORS *.*, which prohibits retaliatory actions by landlords.
*. Mitigation of Damages:
- Evidence: Document the landlord's delay in addressing non-payment issues.
- Legal Reference: Cite ORS *.*, which outlines the landlord's duty to mitigate damages and handle non-payment in a timely manner.
Would you like assistance with drafting a detailed statement or gathering specific evidence for your case?
what remedy is available to tenant failing to maintain habitability
If the landlord fails to maintain habitability, the tenant in Oregon may have several remedies:
- Rent Withholding: The tenant can withhold rent until necessary repairs are made.
- Repair and Deduct: The tenant can pay for the repairs themselves and deduct the cost from the rent (ORS *.*).
- Termination: The tenant may terminate the rental agreement if the landlord fails to make necessary repairs (ORS *.*).
- Damages: The tenant can sue for damages caused by the uninhabitable conditions.
Would you like more detailed information on any of these remedies?
what are the damages allowed by statue for rental not ready to occupy for 4 months
Under Oregon law, here are the potential damages for a rental not ready to occupy for 4 months:
- Rent Reimbursement: Full refund of any rent paid during the period the property was uninhabitable (ORS *.*).
- Cost of Temporary Housing: Reimbursement for any expenses incurred for temporary accommodation (ORS *.*).
- Actual Damages: Compensation for any out-of-pocket expenses related to the uninhabitable condition (ORS *.*).
- Emotional Distress: Compensation for stress and inconvenience caused by the landlord’s failure to provide a habitable dwelling.
Would you like more details on how to document and claim these damages?
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