Causes of unlawful holding by force
- action for return of possession
Source:
Section 105.115 — Causes of unlawful holding by force; action for return of possession, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
In an action based upon default in payment of rent, upon acceptance by plaintiff of the payment upon which the action is based, the lease is “reinstated” subject to termination of subsequent defaults. Reeves v. Baker, 270 Or 837, 530 P2d 30 (1974)
When tenant withheld rent in good faith based on alleged habitability violations, landlord brought FED action, and tenant counterclaimed and paid rent into court, tenant was entitled to retain possession even though landlord prevailed on habitability counterclaims and action for rent. Amatisto v. Paz, 82 Or App 341, 728 P2d 42 (1986)