Getting experienced legal help for your Landlord - Tenant problems: Rental properties are generally a smart investment, until the tenant turns into a nightmare. Unfortunately, it is quite common that a tenant fails to pay rent. Once this happens, Oregon law is strict about the types of notices required, and the manner in which they are delivered to the tenant.
Avoid expensive legal judgments by hiring a Landlord - Tenant lawyer, not a real estate attorney!
Drafting issues also arise in the filing of the complaint necessary to move forward with formal eviction. Any technical errors in this process could result in a dismissal of the landlord's lawsuit - plus a large attorney fee bill incurred by the tenant, and imposed against the landlord. This is because in Oregon, the winner in a contested case, whether it proceeds to trial or gets dismissed prior to trial, has the right to have a judgment for attorney fees assessed against the party that lost.
Above video: Landlord-Tenant Law: Don't Get Hit by a "Gotcha"
As a landlord, it is quite frustrating to file a complaint against the tenant, only to have it dismissed, which allows the tenant to remain in possession (while still not paying the rent), and worse, to write a check to the tenant's attorney for thousands of dollars. This happens far too often.
This does not even delve into the additional danger of a tenant filing counterclaims against the landlord, for habitability violations, retaliation, harassment, etc.
When problems like this arise, do not assume that common sense will prevail. Contact a landlord-tenant attorney, NOT simply a real estate attorney.
• Paul Heatherman has been a real estate and landlord-tenant lawyer for over 20 years in Bend, Redmond, Madras, and throughout Central Oregon.
• He is the co-author of the Landlord-Tenant chapter in the "Real Estate Disputes" Continuing Legal Education Manual published by the Oregon State Bar.
• He specializes in protecting landlords from defenses and counterclaims filed by tenants, and has prosecuted dozens of evictions against tenants, in Deschutes, Crook and Jefferson County.
An experienced mediation attorney can vastly reduce legal fees and protect the landlord from further lawsuits.
Mr. Heatherman has also participated in dozens of mediations, which is a procedure often imposed by the courts at the pre-trial stage of a contested eviction. Most of these sessions have resulted in firm agreements to have the tenant vacate, resulting in low attorney fee expenses to the landlord, together with bona fide releases to insure the tenant does not sue or re-sue the landlord later.
Paul Heatherman has represented landlords in too many cases to fairly itemize here. For example, Paul Heatherman has:
• Successfully represented landlords in the eviction of tenants on farm and ranch property.
• Prevailed over tenants who have turned the residence into marijuana farms.
• Evicted tenants who have made up or exaggerated claims about bad plumbing, electrical, etc.
• Represented mobile home parks in cases such as tenants housing criminal guests, tenants that fail to maintain their dwelling, and tenants that utilize bankruptcy to delay their eviction.
The Law Office of Paul Heatherman PC has the expertise and experience to deftly and decisively handle your landlord-tenant law problems. End your frustrations today by contacting Paul Heatherman.