Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
12. What is a tenants' union?
It is a group of two or more tenants who have come together informally or formally to discuss tenant problems, to sign petitions, to complain about the need for repairs, to request other changes, to complain about the management or to take other action for tenants. See Question 31 for information about retaliation against a tenants' union.
13. How can small claims court help me?
You can use small claims court when your landlord does not return a deposit after you moved, unlawfully destroys your things, does not make repairs required by law, enters your home without the required notice, unlawfully shuts off your utilities or changes the locks, or otherwise violates the rules set out in this booklet. The landlord may file counterclaims for unpaid rent or damages. It is a good idea to talk with a lawyer before filing a case against a landlord.
You cannot ask for more than $5,000 in small claims court. The small claims court cannot order the landlord to make repairs or to return possessions; the court only has power to award money for damages. Before you can sue in small claims court you must write a letter to your landlord asking your landlord to pay you within ten days. See Sample Letters 1 and 8. When you go to court, you must prove your case. Take photographs, witnesses, and copies of any letters you have sent to or received from your landlord. There is no appeal from small claims court. Note: When a tenant sues a landlord for violations of the Oregon Residential Landlord and Tenant Act, the lawsuit must be filed (started) within one year of the incident. Claims based on other laws might have different deadlines. (ORS 46.405)