QUESTION

Can I be threatened with eviction for asking my landlord about my electric bill?

Asked on Jan 16th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I have lived in apartment for 6+ years and have recently been informed that I have been paying for at least one and possibly 3 additional units hot water heaters on my electric bill the entire time of tenancy. When inquiring such information myself, I was threatened eviction and terrible humiliation as I was informed whatever I do, he wins and I am out of luck because he will not "allow" me to "throw him under a bus, he has done this a lot of years and knows exactly what he needs to do to get me out of his property and never rent again. Can he really?
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1 ANSWER

Kevin Elliott Parks
This is no doubt a sticky situation. First, he can't evict you for inquiring about the bill. Depending on the status of your lease, however, he can give you a sixty day no-cause eviction notice, which likely ultimately ends with you having to move. You'll have a number of defenses, of course (as well as some obvious counter-claims.) But you likely don't want to have to pursue this from a reactionary and/or defensive position. The long and short of this situation, then, is that most courses of action end with you moving. Of course, that may well be your desire in any event, as you shouldn't want to live in a situation where you're paying others' bills, nor subject to a landlord who may or may not have known about it the entire time and is harassing, threatening, etc. You're going to want to speak with a landlord/tenant attorney about this, and soon. You have a variety of possible courses of action, and ultimately how you proceed and respond depend on what your ends are. There may well be instances of breach of contract, tort violations, fraud, etc., as well as violations of your lease agreement. Rest assured, however, that he likewise can't prevent you from ever renting again. He can be a negative reference, I suppose, and can report actual deficiencies in rent to a credit reporting agency, but that's about it. And each of those can be effectively countered with disclosures to future landlords, communication and validation procedures with the credit reporting agencies, and/or a civil suit concerning damaging untrue statements. Again, you should contact an attorney. Even if you wish to stay in the unit, you likely can be entitled to some offset or repayment from your years of utility overpayment, and the landlord should adequately remedy the wiring and utility metering to prevent further economic harm.
Answered on Jan 18th, 2012 at 4:29 PM

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