Tenant's Answer to FED Eviction Complaint (Oregon)

TENANT'S ANSWER TO FED EVICTION COMPLAINT — OREGON

TABLE OF CONTENTS

1. Caption
2. General Denial
3. Specific Admissions and Denials
4. Affirmative Defenses
5. Defenses Specific to Notice Type
6. Counterclaims
7. Cure Tender (Nonpayment Cases — HB 2001)
8. Demand for Jury Trial / Mediation
9. Prayer for Relief
10. Verification
11. Signature and Service Block
12. Certificate of Service
13. Oregon Practice Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY NAME]

Case No. [________________________________]

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

ORS § 105.137; ORS Chapter 90

JURY TRIAL DEMANDED: ☐ Yes ☐ No

2. GENERAL DENIAL

Pursuant to ORCP 19 and ORS § 105.137, Defendant [TENANT NAME] (the "Tenant") answers Plaintiff's Complaint and DENIES each and every allegation contained therein except those expressly admitted below.

3. SPECIFIC ADMISSIONS AND DENIALS

4. AFFIRMATIVE DEFENSES

Tenant pleads the following affirmative defenses. Each is sufficient, alone or in combination, to defeat Plaintiff's claim for restitution.

A. Retaliation (ORS § 90.385) — First Affirmative Defense

Within six (6) months prior to service of the termination notice, Tenant engaged in protected activity, including [check all applicable]:

☐ Complained to a governmental agency (code enforcement, health, fair housing) on [__/__/____]
☐ Complained in writing to Plaintiff about a habitability or repair issue on [__/__/____]
☐ Joined / organized a tenant union on [__/__/____]
☐ Successfully defended a prior FED action filed by Plaintiff on [__/__/____]
☐ Asserted rights under ORS Chapter 90, ORS § 659A.421, or federal Fair Housing Act
☐ Provided testimony against Plaintiff in a legal proceeding
☐ Other protected activity: [________________________________]

Plaintiff's eviction action is in retaliation for the foregoing protected activity, in violation of ORS § 90.385. Tenant is entitled to a defense to possession AND to damages and attorney fees.

B. Defective Notice — Second Affirmative Defense

The predicate termination notice fails to comply with ORS Chapter 90 in one or more of the following respects [check all applicable]:

☐ Notice period too short (e.g., served before the 8th day for 10-day nonpayment, or before the 5th day for 13-day nonpayment, in violation of ORS § 90.394(2))
☐ Notice does not specify exact rent amount due (ORS § 90.394(4))
☐ Notice includes non-rent charges (late fees, utilities, damages) that void the cure amount
☐ Notice fails to specify violations with particularity (ORS § 90.392)
☐ Notice does not describe at least one possible cure remedy (ORS § 90.392(3)(c))
☐ Notice does not provide required 14-day cure / 30-day termination period
☐ Notice was not signed by landlord or authorized agent
☐ Notice was not properly served under ORS § 90.155
☐ For QLR notice: fails to state QLR or supporting facts
☐ For QLR notice: relocation assistance not delivered with notice (ORS § 90.427(7))
☐ For QLR notice: supporting documentation not provided (ORS § 90.427(5)(c))
☐ Three-day mailing extension not given for mailed service
☐ Other defect: [________________________________]

C. Habitability Violation (ORS § 90.320 / § 90.360 / § 90.365) — Third Affirmative Defense

Plaintiff materially breached the warranty of habitability, including [check all applicable]:

☐ Failure to maintain in habitable condition / structural integrity
☐ Failure to provide / maintain heat, hot water, electricity, plumbing
☐ Pest infestation (rodents, bedbugs, cockroaches)
☐ Mold or moisture intrusion
☐ Lead paint hazards
☐ Failure to maintain locks / security
☐ Failure to provide working smoke / carbon monoxide detectors
☐ Garbage / sanitation failures
☐ Failure to make required repairs after written notice
☐ Other: [________________________________]

Tenant gave Plaintiff [☐ written / ☐ oral] notice of the violations on [__/__/____]. Plaintiff failed to remedy within a reasonable time.

D. Discrimination (ORS § 659A.421; 42 U.S.C. § 3604) — Fourth Affirmative Defense

Plaintiff's action is motivated, in whole or in part, by Tenant's protected status as [check all applicable]:

☐ Race / color / national origin
☐ Religion
☐ Sex / gender
☐ Sexual orientation / gender identity
☐ Marital status
☐ Familial status (children in household)
☐ Source of income (Section 8 voucher, SSI, SSDI, child support — protected since 2014)
☐ Disability (failure to accommodate; refusal of service / emotional support animal)
☐ Other: [________________________________]

E. Domestic Violence Protection (ORS § 90.453) — Fifth Affirmative Defense

Tenant is a victim of [☐ domestic violence ☐ sexual assault ☐ stalking] and the alleged grounds for eviction arise from incidents related to that abuse. Eviction on this basis is prohibited by ORS § 90.453. Documentation supporting this defense is filed under seal pursuant to court rule.

F. Cure (ORS § 90.392(3) / § 90.394 / HB 2001) — Sixth Affirmative Defense

Tenant cured the alleged violation within the time provided by statute, as follows:

For nonpayment cases under § 90.394, Tenant tenders / has tendered full unpaid rent at or before this first appearance per HB 2001 (2023).

G. Bad-Faith Qualifying Landlord Reason (ORS § 90.427(8)) — Seventh Affirmative Defense

The QLR stated in Plaintiff's notice is pretextual and not given in good faith. Specifically [check all applicable]:

☐ Landlord has no permits / construction plans for claimed demolition or renovation
☐ Claimed family-occupant has no actual intent to occupy as primary residence
☐ Sale-based QLR — no executed purchase agreement; or buyer is not a true owner-occupant
☐ Landlord has re-rented or attempted to re-rent the unit
☐ Comparable unit in same building was available for family-occupant use
☐ Other evidence of pretext: [________________________________]

Pursuant to ORS § 90.427(8), Tenant is entitled to recover three (3) months' rent plus actual damages and reasonable attorney fees.

H. Rent-Cap Violation (ORS § 90.323) — Eighth Affirmative Defense

The rent claimed by Plaintiff reflects an annual rent increase exceeding the maximum allowable percentage published by the Oregon Department of Administrative Services (10.0% in 2024 and 2025; 9.5% in 2026; verify year-of-increase cap). The over-cap increase is unenforceable, and the rent due (if any) is correspondingly reduced.

I. Self-Help Eviction (ORS § 90.375) — Ninth Affirmative Defense

Plaintiff engaged in prohibited self-help eviction by [☐ lockout ☐ utility shutoff ☐ removal of belongings ☐ harassment ☐ threats]. This activity violates ORS § 90.375 and entitles Tenant to actual damages or two months' rent (whichever is greater) plus attorney fees, asserted as Counterclaim III below.

J. Failure to Register / Local Compliance — Tenth Affirmative Defense

Plaintiff has failed to comply with [☐ Portland rental registration (PCC § 30.01.087) ☐ Multnomah County rental registry ☐ Eugene rental requirements ☐ other local registration]. Such failure may bar this FED action under controlling local ordinance.

K. Subsidized-Housing Federal Good-Cause — Eleventh Affirmative Defense

Tenant resides in subsidized housing [☐ Section 8 HCV ☐ project-based Section 8 ☐ public housing ☐ RAD ☐ LIHTC ☐ HUD 236] and Plaintiff has failed to follow required federal good-cause eviction standards and grievance procedures (24 C.F.R. § 247; § 982.310; § 5.858 (VAWA); 42 U.S.C. § 1437d(l)(2)).

L. Waiver / Estoppel — Twelfth Affirmative Defense

Plaintiff accepted rent or other tenancy benefits after the alleged grounds for eviction or after expiration of the cure period, thereby waiving the right to terminate based on the alleged violation. ORS § 90.412.

M. VAWA / Federal Protection — Thirteenth Affirmative Defense

Tenant is protected under the federal Violence Against Women Act (VAWA, 34 U.S.C. § 12491) and may not be evicted because of acts of domestic violence, dating violence, sexual assault, or stalking against Tenant. (Federal subsidized-housing tenants only.)

5. DEFENSES SPECIFIC TO NOTICE TYPE

A. Nonpayment (ORS § 90.394)

B. Cause (ORS § 90.392 / § 90.396 / § 90.398)

C. No-Cause / QLR (ORS § 90.427)

6. COUNTERCLAIMS

Pursuant to ORCP 22 and ORS § 105.137, Tenant asserts the following counterclaims:

Counterclaim I — Habitability Damages (ORS § 90.360 / § 90.365)

6.I.1 Plaintiff materially failed to maintain the Premises in habitable condition as set forth in Affirmative Defense C above.

6.I.2 Tenant has suffered damages including [☐ rent abatement / diminished value ☐ out-of-pocket repair costs ☐ medical expenses from mold / pest exposure ☐ damaged personal property ☐ relocation expenses ☐ loss of essential services ☐ emotional distress].

6.I.3 Tenant seeks damages of $[________], plus the rent abatement amount, plus attorney fees under ORS § 90.255.

Counterclaim II — Retaliation (ORS § 90.385(3))

6.II.1 Plaintiff's action is retaliatory as set forth in Affirmative Defense A.

6.II.2 Tenant seeks the remedies provided in ORS § 90.375 — actual damages or two months' rent (whichever is greater) — plus attorney fees.

Counterclaim III — Self-Help Eviction / Unlawful Ouster (ORS § 90.375)

6.III.1 Plaintiff [☐ locked out ☐ shut off utilities ☐ removed belongings ☐ harassed] Tenant on [__/__/____].

6.III.2 Tenant seeks actual damages or two months' rent (whichever is greater), plus attorney fees, per ORS § 90.375.

Counterclaim IV — Bad-Faith QLR (ORS § 90.427(8))

6.IV.1 Plaintiff's QLR is pretextual as set forth in Affirmative Defense G.

6.IV.2 Tenant seeks three (3) months' rent plus actual damages plus reasonable attorney fees.

Counterclaim V — Security Deposit (ORS § 90.300)

6.V.1 Plaintiff failed to return Tenant's security deposit and/or provide an itemized accounting within 31 days as required by ORS § 90.300.

6.V.2 Tenant seeks twice the amount wrongfully withheld plus attorney fees.

Counterclaim VI — Discrimination (ORS § 659A.421 / 42 U.S.C. § 3604)

6.VI.1 Plaintiff's action is discriminatory as set forth in Affirmative Defense D.

6.VI.2 Tenant seeks all remedies under ORS § 659A.885 (compensatory damages, civil penalties, injunctive relief, attorney fees) and the federal Fair Housing Act.

7. CURE TENDER (NONPAYMENT CASES — HB 2001)

(Complete only in nonpayment FED actions)

Pursuant to HB 2001 (2023 Or. Laws ch. 13), Tenant tenders the full amount of unpaid rent at or before this first appearance:

Tender method: ☐ Cashier's check delivered in court ☐ Money order ☐ Cash deposited with clerk ☐ Electronic transfer initiated [__/__/____]

Tenant respectfully requests the Court DISMISS this action upon acceptance of the cure tender.

8. DEMAND FOR JURY TRIAL / MEDIATION

8.1 Jury Demand. Pursuant to ORS § 105.140 and Article I, § 17 of the Oregon Constitution, Tenant demands a trial by jury on all issues so triable.

8.2 Mediation Request. Pursuant to ORS § 105.137(8), Tenant requests referral to mediation and a 30-day stay of these proceedings.

9. PRAYER FOR RELIEF

WHEREFORE, Tenant prays for judgment as follows:

A. Dismissal — Judgment dismissing Plaintiff's Complaint with prejudice;
B. Money Judgment on Counterclaims — Money judgment for habitability damages, retaliation damages, self-help damages, bad-faith QLR damages, security deposit damages, and/or discrimination damages, totaling $[________];
C. Statutory Penalties — Three months' rent under ORS § 90.427(8); two months' rent or actual damages under ORS § 90.375 / § 90.385; double security deposit under ORS § 90.300;
D. Injunctive Relief — Order requiring Plaintiff to perform habitability repairs and/or restore essential services;
E. Attorney Fees — Reasonable attorney fees pursuant to ORS § 90.255 and ORCP 68;
F. Costs and Disbursements — Court costs and disbursements;
G. Such other and further relief as the Court may deem just and equitable.

10. VERIFICATION

I, [TENANT NAME], hereby declare under penalty of perjury under the laws of the State of Oregon that I am the Defendant in the above-captioned action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; and that the facts stated therein are true and correct to the best of my knowledge.

Executed this [____] day of [__________], 20[__], at [CITY], Oregon.

11. SIGNATURE AND SERVICE BLOCK

Respectfully submitted this [____] day of [__________], 20[__].

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true copy of the foregoing Tenant's Answer, Affirmative Defenses, and Counterclaims on Plaintiff (or Plaintiff's counsel of record) by [☐ personal delivery in court ☐ first-class mail ☐ email per court e-service rule], at the address set forth on Plaintiff's Complaint, in compliance with ORS § 105.137.

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.

13. OREGON PRACTICE NOTES

A. Critical Timing — File and Serve at First Appearance

Per ORS § 105.137(7), the Answer must be filed AND served on Plaintiff by 5:00 p.m. the same day as first appearance, unless the court orders otherwise. The first appearance is 7 days after the next judicial day following filing (cause / no-cause) or 15 days (nonpayment under §§ 90.392 / 90.394). Calendar carefully — missing first appearance = default judgment of restitution.

B. Court-Supplied Form

ORS § 105.137(6) requires the court clerk to provide a fillable Answer form for self-represented tenants. The form covers basic defenses; this template is a comprehensive supplement. Many tenants check defenses on the court form AND attach this longer pleading.

C. Cure Through First Appearance — HB 2001 (2023)

For nonpayment cases under § 90.394, Tenant has the right to cure by paying full unpaid rent (plus any awarded fees) at or before first appearance. This is the single most powerful tenant defense in Oregon FED. If funds are available, always cure.

D. Mediation — ORS § 105.137(8)

The court may refer the parties to mediation and stay the action for up to 30 days. Multnomah County Court-Annexed Mediation, Lane County, Washington County, and other counties have active programs. Free mediation is often available to self-represented tenants.

E. Jury Trial — ORS § 105.140

Either party may demand jury trial on contested factual issues. Demand should be made at or before first appearance.

F. Counterclaims Are Permitted

Unlike some "summary" eviction states, Oregon FED expressly allows tenant counterclaims (habitability, retaliation, security deposit, etc.). Counterclaims often shift the tenant from defendant to prevailing party for fee purposes under ORS § 90.255.

G. Habitability Counterclaim — ORS § 90.360 / § 90.365

The most commonly successful tenant counterclaim. Document all defects with photos, written notices to landlord, and proof of landlord's failure to repair within reasonable time. The remedy is rent abatement (or escrow) plus damages.

H. Retaliation Burden

ORS § 90.385 creates a six-month rebuttable presumption of retaliation when the landlord acts after tenant complaints, organizing, or successful FED defense. Plaintiff bears the burden of rebutting.

I. Bad-Faith QLR — ORS § 90.427(8)

Three (3) months' rent plus actual damages plus attorney fees is the most aggressive false-pretext remedy in U.S. landlord-tenant law. Common pretext indicators: no construction permits, no executed purchase agreement, family member never moved in, unit re-rented within one year.

J. Discrimination Cross-Claims

Source-of-income discrimination (Section 8, SSI, child support) has been protected since 2014 (ORS § 659A.421(2)). Refusal to accept Section 8 vouchers in retaliation for the tenant being on a voucher is an Oregon Fair Housing violation.

K. Domestic Violence — ORS § 90.453 / VAWA

Survivors cannot be evicted on the basis of incidents related to abuse. Documentation may be filed under seal. Federally subsidized tenants additionally have VAWA protections (34 U.S.C. § 12491).

L. Free Legal Help

M. Appeal — 10 Days

Appeals from FED judgments lie to the Oregon Court of Appeals. Under ORS § 105.160, a 10-day window applies for appeal bonds and stay of execution; the general 30-day civil appeal window also applies. Stay typically requires posting rent during appeal.

N. Writ of Execution / Sheriff

After judgment of restitution, the Sheriff serves a 4-day notice before physical removal. The 4-day window may be the last opportunity to settle, file Chapter 7 bankruptcy stay, or seek emergency stay of execution.

14. SOURCES AND REFERENCES

• ORS Chapter 105 (FED): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• ORS § 105.137 (first appearance / answer): https://oregon.public.law/statutes/ors_105.137
• ORS § 105.140 (issues / jury): https://oregon.public.law/statutes/ors_105.140
• ORS Chapter 90 (RLTA): https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS § 90.255 (attorney fees — mutual): https://oregon.public.law/statutes/ors_90.255
• ORS § 90.300 (security deposit): https://oregon.public.law/statutes/ors_90.300
• ORS § 90.320 (habitability): https://oregon.public.law/statutes/ors_90.320
• ORS § 90.360 / § 90.365 (habitability remedies): https://oregon.public.law/statutes/ors_90.360 / https://oregon.public.law/statutes/ors_90.365
• ORS § 90.375 (self-help eviction): https://oregon.public.law/statutes/ors_90.375
• ORS § 90.385 (retaliation): https://oregon.public.law/statutes/ors_90.385
• ORS § 90.392 (cause termination): https://oregon.public.law/statutes/ors_90.392
• ORS § 90.394 (nonpayment termination): https://oregon.public.law/statutes/ors_90.394
• ORS § 90.396 (24-hour outrageous conduct): https://oregon.public.law/statutes/ors_90.396
• ORS § 90.405 (unauthorized pet): https://oregon.public.law/statutes/ors_90.405
• ORS § 90.412 (waiver / acceptance of rent): https://oregon.public.law/statutes/ors_90.412
• ORS § 90.427 (no-cause / QLR): https://oregon.public.law/statutes/ors_90.427
• ORS § 90.453 (domestic violence): https://oregon.public.law/statutes/ors_90.453
• ORS § 659A.421 (Oregon Fair Housing): https://oregon.public.law/statutes/ors_659a.421
• 42 U.S.C. § 3604 (federal FHA): https://www.law.cornell.edu/uscode/text/42/3604
• 34 U.S.C. § 12491 (VAWA Housing): https://www.law.cornell.edu/uscode/text/34/12491
• HB 2001 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2001
• SB 608 (2019): https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB608
• SB 611 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB611
• OJD FED Forms: https://www.courts.oregon.gov/forms/Pages/landlord-tenant.aspx
• OSB Eviction Defense Pamphlet: https://www.osbar.org/_docs/public/pamphlets/LegalInfoforLandlords.pdf
• Oregon Law Help: https://oregonlawhelp.org
• Community Alliance of Tenants: https://oregoncat.org