Landlords are far more likely to be represented by an attorney in eviction court, which confers an advantage in these complex and high-speed legal proceedings. Additionally, landlords are allowed to be represented in court by “an agent” but tenants are not. Landlord Agent is defined in ORS Chapter 90 as “a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord.” In eviction court, this can include a representative from the company that owns the property, from the company that manages the property, or an “eviction specialist” that the landlord hires to manage the eviction. Agents can represent landlords at the first appearance and during negotiations with the tenant, but cannot represent the landlord at trial. If a case moves to trial, the agent is replaced either by the landlord or an attorney hired by the landlord.

Because eviction cases are civil cases, as opposed to criminal cases, neither side is provided a lawyer in court. However a growing number of cities and states are implementing programs to increase legal representation for tenants or codifying “right to counsel” ordinances that guarantee legal representation for tenants in court. Reporting from those jurisdictions and the research literature both support the conclusion that providing tenants has an impact on reducing eviction and displacement. Expanding access to legal representation for tenants can reduce default judgments, support tenants’ ability to negotiate better stipulated agreements, ensure tenants are able to fully participate in their hearings and trials, mount counterclaims, and defend a tenant at trial.