If Iget an eviction notice and want to take it to court, doI have to pay rent?

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If Iget an eviction notice and want to take it to court, doI have to pay rent?

I have not gotten any reason for why I am being evicted. The apartment has maintenance issues that they haven’t fixed in over a month. The property it not kept clean and the manager has retaliated against us by telling other tenants of the complex if they are to visit our apartment they will also be evicted. We have to be out the 12th of this month. I am wondering if I have to pay rent for this month and the time I am in the court process.

Asked on February 4, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to fight the eviction notice defending on the grounds that the habitable conditions are poor and there are issues of retaliation against you by the property manager, I suggest that the best way to defend the action and make it seem that you are reasonable is for you to pay your rent to the court clerk pending the lawsuit against you seeking your eviction.

That way the court will see that you are trying to be current on your rent and you have the ability to defend the claim. The court could then order a reduction in the agreed amount rent that you are obligated for based upon poor conditions of the premises.


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