If I was served 2 different eviction papers on the same day, what do I do?

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If I was served 2 different eviction papers on the same day, what do I do?

My landlord and I do not have a written agreement; he is trying to evict me. At midnight, he served me a 72 Hour Nonpayment of Rent form with a rent amount of N/A (he was letting me stay for free if I agreed to work for his store which hasn’t opened yet) and then had me served with a Forcible Entry and Unlawful Detainment of Residential Property at 5:00 pm today. What should I do? My court date is the 19th of this month.

Asked on June 8, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would take the position that the second document served upon you on the same day controls the situation between you and your landlord which is the unlawful detainer action. In essence, your landlord wants you out of the premises that you are now occupying.

I suggest that if you want to contest the unlawful detainer matter that you timely file your answer to it and show up at the June 19, 2012 hearing date. If you do not want to contest the unlawful detainer matter, then you should reach some written agreement with your landlord over the dispute and vacate the premises by a certain date.

You should also consult with a landlord tenant attorney if you have further questions concerning the legal dispute that you are now in.


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