Tenant Retaliation Legal Action

Summary

Tenant in Linn County, Oregon, seeks default judgment for landlord retaliation. The landlord filed multiple unsuccessful eviction cases and reduced services. The tenant can draft a Motion for Default Judgment and a supporting memorandum, citing ORS 90.385 for damages, including non-compensatory damages for undue stress and loss of enjoyment of property.

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Linn county Oregon. Tenant who is being retaliated against by landlord for exercising my rights in good faith commencing legal action against former employer and landlord. Landlord has unsuccessfully filed * separate eviction cases against me in the past 10 months, reduced services of an all inclusive rental payment, reinstated services 34 days later only 2 days after I served them with a liability of statues damage of *.* showing guilt of terminating service originally. Landlord poster a 30 day notice of no cause termination on Oct 4th defective on its face with tenancy exceeding 1 year. Landlords recycled defective documents, serial filed eviction cases at the last trial it was dismissed with prejudice under principle of red Judicata. Landlord filed motion to vacate that ruling without any real reason under orcp * and despite my filing of opposition the court set a hearing date. I had simultaneously filed a claim for relief from the hassling retaliatory behavior I was being subjected to. The court granted the landlord * weeks to file anything of merit for eviction which they failed to do and they have not filed anything opposing my claim for relief... The * weeks expired over 30 days ago. Help me draft a document to move the court for a default judgment on my claim for relief
****, you can draft a Motion for Default Judgment to request the court to rule in your favor due to the landlord's failure to respond. Here's a brief template:
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**IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN**
**JEFF [LAST NAME],**
Plaintiff,
v.
**[LANDLORD'S NAME],**
Defendant.
**Case No.: [CASE NUMBER]**
**MOTION FOR DEFAULT JUDGMENT**
**Plaintiff's Motion**
Plaintiff, **** [Last Name], respectfully moves this Court for a Default Judgment against Defendant, [Landlord's Name], based on the following:
*. **Background:**
- Plaintiff has filed a claim for relief from retaliatory behavior by the Defendant.
- The Court granted the Defendant two weeks to file any document of merit for eviction.
*. **Current Status:**
- The Defendant has failed to file any opposing documents within the two-week period.
- The two weeks expired over 30 days ago, and no response has been received.
*. **Legal Basis:**
- Under ORCP *, the Defendant's failure to respond within the given time frame justifies
Continue with answer
Certainly, here is the continuation of the Motion for Default Judgment template:
---
- Under ORCP *, the Defendant's failure to respond within the given time frame justifies a default judgment in favor of the Plaintiff.
**Relief Sought:**
Plaintiff requests that the Court:
*. Enter a Default Judgment against the Defendant.
*. Grant Plaintiff's claim for relief from the Defendant's retaliatory behavior.
*. Award statutory damages of $*,*.* to the Plaintiff.
*. Provide any other relief deemed just and proper by the Court.
**Respectfully submitted,**
**Date:** [Insert Date]
**Signature:**
****** [Last Name]**
---
~Linn County Circuit Court
Website: www.courts.oregon.gov/Linn

Do you need information on how to file this motion or any other assistance?
Um include the ORS that allows me to collect * times the rent for each retaliation attempt .. Rent is * a month there are * umnmettited dismissed cases filed by landlord... In luding testimony of landlord under path who started the board of directors told him to post the notice because of the separation of employment employment status is no legal reason to evict some one on its own premise. Rental of house is month to month and was not part of employer housing
Certainly, ****. Under Oregon law, tenant retaliation protections are covered under ORS *.*. This statute allows tenants to seek up to three months’ rent as damages for each proven act of retaliation.
Here’s the updated portion of your motion:
---
**Legal Basis:**
- Under ORCP *, the Defendant's failure to respond within the given time frame justifies a default judgment in favor of the Plaintiff.
- Under ORS *.*, the Plaintiff is entitled to three times the monthly rent for each retaliatory action by the Defendant.
**Relief Sought:**
Plaintiff requests that the Court:
*. Enter a Default Judgment against the Defendant.
*. Grant Plaintiff's claim for relief from the Defendant's retaliatory behavior.
*. Award statutory damages of $*,*.* (three times the monthly rent of $*.*) for each retaliatory action.
*. Provide any other relief deemed just and proper by the Court.
---
Would you like guidance on filing this motion or any additional information?
Include non compensatory damages of undue stress and loss of enjoyment of property in the amount of * and draft a memorandum in support of motion for default Include non compensatory damages of undue stress and loss of enjoyment of property in the amount of * and draft a memorandum in support of motion for default
To better assist you, could you please provide your location? This will help me tailor the information to the specific jurisdiction.
Linn county Oregon. Landlord has retailaited Include non compensatory damages of undue stress and loss of enjoyment of property in the amount of * and draft a memorandum in support of motion for default
~Linn County Circuit Court
Phone: (*) *-*
Address: * SW 4th Ave, Albany, OR *
Website: www.courts.oregon.gov

Sample Memorandum in Support of Motion for Default

**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Date]**
**Linn County Circuit Court**
*** SW 4th Ave**
**Albany, OR ***
**Re: [Your Case Name and Number]**
**Memorandum in Support of Motion for Default Judgment**
**I. Introduction**
This memorandum is submitted in support of Plaintiff’s motion for default judgment against Defendant for retaliatory actions.
**II. Facts**
- Plaintiff entered into a lease agreement with Defendant.
- Defendant has engaged in retaliatory actions causing undue stress and loss of enjoyment of the property.
- Plaintiff seeks non-compensatory damages of $*,*.
**III. Legal Grounds**
- Under Oregon law, landlords are prohibited from engaging in retaliatory conduct (ORS *.*).
- Plaintiff is entitled to damages, including non-compensatory damages for undue stress
Draft memorandum in support of this motion
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Date]
Linn County Circuit Court
* SW 4th Ave
Albany, OR *
Re: [Your Case Name and Number]
Memorandum in Support of Motion for Default Judgment
I. Introduction
This memorandum is submitted in support of Plaintiff’s motion for default judgment against Defendant for retaliatory actions.
II. Facts
- Plaintiff entered into a lease agreement with Defendant.
- Defendant has engaged in retaliatory actions causing undue stress and loss of enjoyment of the property.
- Plaintiff seeks non-compensatory damages of $*,*.
III. Legal Grounds
- Under Oregon law, landlords are prohibited from engaging in retaliatory conduct (ORS *.*).
- Plaintiff is entitled to damages, including non-compensatory damages for undue stress and loss of enjoyment of the property.
IV. Conclusion
For the reasons stated above, Plaintiff respectfully requests that the Court grant the motion for default judgment and award non-compensatory damages of $*,*.
~Linn County Circuit Court
Phone: (*) *-*