[OR] [OR] Can I reschedule the move out date after mediated eviction?
I live in Oregon, and have a mediated Residential Eviction agreement. The move out date is pending, however I would like to schedule a hearing to extend due to my current inability to secure housing. What recourse do I have. At mediation I provided the owner with all funds owed, and I am willing to pay this months rent, and any late fees owed to give me more time to find another residence.
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
The short answer? Get the official copy from the clerk, check exactly what’s in it, and file a motion as soon as possible if you want to try to stay longer. That way you protect your right to explain your situation and possibly avoid an abrupt eviction.
That's the short answer.
Here is the long answer:
Since your mediated agreement has blank sections regarding future tenancy or extensions, the court will likely rely on the signed terms as they are now. If it doesn't mention the ability to extend or go month-to-month, you usually can’t just stay beyond the move-out date without a new formal agreement or court order.
You can request a copy of the original signed agreement from the court clerk. That’s a smart move because you need to see exactly what was filed and if anything else was officially included.
If you want to try to stay longer, you should consider filing a motion with the court asking for more time to move out, explaining your current housing hardship and your willingness to keep paying rent and fees. This is your way to make sure you get heard before being forced out, and it’s better to do it proactively rather than waiting for an enforcement action.
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I live in Oregon, and have a mediated Residential Eviction agreement. The move out date is pending, however I would like to schedule a hearing to extend due to my current inability to secure housing. What recourse do I have. At mediation I provided the owner with all funds owed, and I am willing to pay this months rent, and any late fees owed to give me more time to find another residence.
Lexi, Chatbot
Has anything been filed or reported?
A stipulated agreement after mediation.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured, they'll be able to help with your residential eviction agreement.
Yes
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Can you clarify if your stipulated agreement included any language about what happens if you need more time to move out, or whether the court retained jurisdiction to modify the move-out date?
Let's see if this helps, from the mediation order:
- Payment of past due rent and other past due amounts pursuant to a schedule provided in the order for a Period of not more than six months following entry of the order.
- Payment of rent due for future rental periods that follow entry of the order pursuant to a schedule provided in the order for not more than the first three monthly rental periods following entry of the order.
To be clear, at the time of the mediation hearing, I remitted the entire amount the Plaintiff alleged was owed. And I'm ready to provide any amount owed until we vacate, with any late penalties, included.
To clarify, when payment was made in May, I was told that further payments would be declined, I assume to be able to bring eviction proceedings against me. I made full payment at the time of mediation.
I was prepared to proceed on a month-to-month basis until we secured another residence. My question is, will I be afforded another hearing after the mediated period has expired.
I just want the ability to go month-to-month. Do I need to pursue a separate filing to ensure I'm not evicted without being heard.
Michael M. Esq.
Ok thanks! Just a few more questions. Can you share exactly what the written mediated agreement says about your right to stay beyond the original move-out date, and whether it mentions anything about month-to-month tenancy or the possibility of requesting more time from the court?
None of those portions of the agreement were completed by the mediator. The copy of the agreement is blank.
Is my best course of action to request the original copy of the agreement filed with the court clerk. Shouldn't those portions contain some kind of information. I was unaware of this information being missing when I signed.
Michael M. Esq.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
Michael M. Esq.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
The short answer? Get the official copy from the clerk, check exactly what’s in it, and file a motion as soon as possible if you want to try to stay longer. That way you protect your right to explain your situation and possibly avoid an abrupt eviction.
That's the short answer.
Here is the long answer:
Since your mediated agreement has blank sections regarding future tenancy or extensions, the court will likely rely on the signed terms as they are now. If it doesn't mention the ability to extend or go month-to-month, you usually can’t just stay beyond the move-out date without a new formal agreement or court order.
You can request a copy of the original signed agreement from the court clerk. That’s a smart move because you need to see exactly what was filed and if anything else was officially included.
If you want to try to stay longer, you should consider filing a motion with the court asking for more time to move out, explaining your current housing hardship and your willingness to keep paying rent and fees. This is your way to make sure you get heard before being forced out, and it’s better to do it proactively rather than waiting for an enforcement action.
Understood, I appreciate the counsel. I will go the courthouse first thing tomorrow.
Michael M. Esq.
For sure! Did I thoroughly address your question?
Did I provide top-tier service to you?
If the answer is no to either, please let me know so I can help!
Michael M. Esq.
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