Tenant won't move out and requesting a Jury trial...

127 Replies

I wish you luck and hope you find a result promptly. If law in Oregon were as bonkers as it is in Ohio I might lose it. There are no jury trials for evictions in Oregon. There are crazy protections for tenants regarding rent increases here in Portland (legally requiring cash-for-keys in some cases). But, no way an eviction properly executed would take a year. That's wicked bad.

I had a dead beat tenant too. Luckily, I was able to retain my property through a writ of possession. However, it took 3 months to have this resolved. Legal fees, mortgage payments, and loss of rent payments. Unfortunately (in Texas) there was nothing I could do. I was advised that the law protects the tenant against "slumlords" and I would just have to wait it out. I was told the same thing about the case going to civil court. More time and money from me.

I don't know of anything you can do but I will tell you, even if you go to court the only thing happens is the judge rules in your favor. Its just a ruling! The tenant will have a judgement on his credit history..that's it. You wont get your money back.  Unless, you have a good lawyer who specializes in landlord/tenant laws and knows of ways to get him to pay. This is just based on my experience (Texas law).

This is a terrible situation.  If you have a really good relationship with your attorney,  you could see if they could take your case on pro bono.  If not,  maybe they will allow you to do a payment plan.  Hopefully it won't come to a jury trial.  I've dealt with a lot of evictions with low-income tenants where they have had legal aid get involved and it has always been a massive headache.  There really should be a free law organization that helps out landlords with evicting problem tenants. 

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