Tenant claims against landlords for run-down housing conditions, abuse of access to the premises, tenant lockout and interruption of essential services are covered at the end of this topic. A landlord cannot evict a tenant unless the landlord takes the tenant to court and obtains a court order. During a FED, the tenant has an opportunity to present the court with reasons the tenant should not have to move. These reasons are called defenses. If the tenant's defense is successful, the tenant will be able to stay in the home.
Some defenses apply regardless of the landlord's reasons for the eviction.
These defenses are based on either a mistake in the way the eviction notice was given to the tenant or mistakes made in the eviction notice itself. Oregon law requires the landlord to comply very closely with the legal requirements for eviction notices. These requirements are detailed in the statute itself. If the eviction notice is wrong, or has not been given to the tenant as required under the law, the tenant has a defense to the eviction. For example, even if the tenant has not paid rent for a particular month, the tenant can keep from being evicted for non-payment of rent if the notice is not correct.