Defendants Request For Hearing To Contest An Affidavit Declaration Of Noncompliance
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1IN THE CIRCUIT COURT OF THE STATE OF OREGON
Defendant’s Request for Hearing to
Contest an Affidavit/Declaration of Noncompliance
CASE NO. _____________________
____________________________
____________________________
PLAINTIFF (Landlord or agent)
vs.
______________________________
______________________________
DEFENDANT (Tenants/Occupants)
Address of property: _________________________________________________________________________
My
has filed a statement with the court saying that I have not complied with a court-approved agreement and that as a result my landlord is
landlord
entitled to possession of the property.
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.):
☐ a. The landlord is wrong. As explained below, I did comply with the agreement.
☐ b. Before I could comply with the agreement, the landlord was supposed to do what is explained below, which the landlord did not do.
☐ c. The landlord and I changed the agreement and I complied with the agreement as changed. The change that we agreed to is
explained below.
☐ d. The landlord prevented me from keeping the agreement. The way that the landlord did that is explained below.
☐ e. The agreement was not made in good faith as required by ORS 90.130. The lack of good faith is explained below.
☐ f. The portion of the agreement described below was unconscionable as described in ORS 90.135.
☐ g. 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.
☐ h. 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:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
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.
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
Dated: ________________
________________________________________________
(Signature of tenant)
10/13 FEDHRGREQ
Filing Fee: $79.00
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