In Oregon can an appeal be filed with the appeals court on a faulty eviction filed by a landlord?

Question

I know a person who is disabled and very ill. She requires surgery soon for cancer and other treatment. She has always paid her rent in full and on time, but a lie was written to her landlord by the housing authority and upon receiving that lie, the landlord sent a faulty, faxed 30-day notice. A notice cannot be faxed in Oregon unless agreed upon by both parties; this was not the case. He then (the landlord) filed that 30-day notice with the court and the woman was so ill she was not able to attend the proceeding. She also sent a letter to the court ahead of time advising them that she was very ill and could not appear. Her doctor also sent a letter to the court advising that the woman was in no position because of her poor health to represent herself on the case. The court failed to acknowledge either notices and granted the landlord his eviction. Now the woman has no support and is so very sick and weak and awaits to be thrown out onto the street.

Please help. Thanks.

Answer 1

If what you indicate is true in Oregon about fax notifications yes you can appeal.  

What are you trying to accomplish with an appeal?  Is it significant enough to justify the time, or expense?  If it is just to prove a point - then why?

However what was the basis of evicting the tenant?  Was a lease not in place?  Did the tenant not make payments as required?

There is information missing from your question.

If the landlord was unwilling to renew the lease, then they do have the right to have the property vacated by the tenant.  Obviously if she was not paying - the landlord will do what he/she needs to.

Answer 2

This was actually done legally.    Mailing letters to the courts does not constitute a defense.    In the event that she could not attend she could have sent a POA.

It sounds like she may have a slander suit against the Housing Authority.    But, notice from them HAS to be acted upon by the landlord, he received notice from the AUTHORITY that is there to protect the tenants rights LONG before they even think about the property owner.

You need to help your friend find a place to live.   Very few people have absolutely no family at all.    If she has no family her church can usually come to the rescue.

While she has to leave she might TRY to file an appeal, but since she was a no-show at the hearing it is very unlikely it will be heard.    But even if they hear it the present Court Order is valid.

You are the first person I have ever heard call the Housing Authority corrupt.     They are generally very far left wing, tree loving, bunny huggers, ESPECIALLY in Oregon, the west coast capital for bunny huggers.