Free Request for Hearing on Affidavit of Noncompliance - Oregon

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE THIRD JUDICIAL DISTRICT _________________________________ Plaintiff/Landlord, _________________________________ Defendant/Tenant. ) ) ) ) ) ) (FED) DEFENDANT'S REQUEST FOR HEARING TO CONTEST AFFIDAVIT OR DECLARATION OF NONCOMPLIANCE ORDER FOR STAY Case No. __________________________

Address of Property: ________________________________________________________________ 1. My landlord has filed a statement with the court saying that I have not complied with a courtapproved agreement and that as a result my landlord is entitled to possession of the property. 2. I deny that the landlord is entitled to possession of the property because (The reason must be one of the following. You must check one or more of these responses and you must explain in section 3): The landlord is wrong. As explained below, I did comply with the agreement. Before I could comply with the agreement, the landlord was supposed to do what is described below, which the landlord did not do. The landlord and I changed the agreement and I complied with the agreement as changed. The change that we agreed to is explained below. The landlord prevented me from keeping the agreement. The way the landlord did that is explained below. The agreement was not made in good faith as required by ORS 90.130. The lack of good faith is explained below. A portion of the agreement was unconscionable as described in ORS 90.135. The landlord is required by law or contract to have good cause to force me to move out and my alleged conduct or performance does not meet the standard of good cause, as explained below. The landlord is claiming that I did not pay rent for a period of time following the date of the agreement. I did not pay that rent because I have claims for money against the landlord to offset the rent. Those claims arise from the landlord's violation of the Residential Landlord and Tenant Act or the rental agreement since the date of the court order and are explained below. 3. Here is my explanation for the reason or reasons checked above:____________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
DEFENDANT'S REQUEST FOR HEARING / ORDER FOR STAY - Page 1 of 2 FC(1/1/08)

4. I understand that if I lose in court, I may be responsible for the landlord's costs, disbursements, any attorney fees and a prevailing party fee. 5. I request a delay of any enforcement actions against me until the hearing. I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. _________________________________ Defendant (Tenant) *Please note that if a first appearance fee of $98.00 has not been paid prior to your request for hearing, it will be due at the time of filing this document. If you cannot pay the first appearance fee, fee deferral forms are available at the information window.

ORDER

The request for a hearing is: Allowed. Denied. The request for a stay of execution of judgment is: Allowed. Denied. Dated: _______________________, 20______. ______________________________ Circuit Court Judge ______________________________ Print, Type or Stamp Name of Judge

DEFENDANT'S REQUEST FOR HEARING / ORDER FOR STAY - Page 2 of 2

FC(1/1/08)