How canI disprove a claim of retaliation?

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How canI disprove a claim of retaliation?

My tenant gave me a legal letter regarding the repair of the dishwasher 6 days after his request for such repair. I thought I had 10 days for an item such as a dishwasher. The problem is that now if I evict him, he can claim retaliation? I believe that he did this knowing that I was going to have to move back into my residence (his rental). Can we still give the tenant a 60-day notice?

Asked on January 20, 2011 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are way too many "questions" raised by your question to give any real guidance here.  First, is there or is there not a lease?  Is there is then the lease governs your actions here.  If there is not then the tenant is a month to month tenant and only 30 days is necessary to give notice to evict.  As for the dishwasher issue, is appears that you assume the written notice is some form of written requirement under the law.  Landlord tenant law is so specialized and specific to an area that it would really be a disservice to you to guide you without reading the appropriate documents involved and knowing the law in your state.  Seek legal help.  And fix the dishwasher.  Generally courts allow a reasonable time to repair when there are reasonable efforts made.  Good luck.


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