Property Rights
Notice necessary to maintain action in certain cases
- waiver of notice
- effect of advance payments of rent
Notes of Decisions
Where landlords failed to show that tenancy was terminated or notice to quit given under this section prior to commencement of FED proceeding, trial court's dismissal of action was proper. Teresi v. Gina Belmonte Corp., 31 Or App 1231, 572 P2d 6479 (1977)
Where lease extension agreement incorporated provisions of original lease, which had provided that $1800 prepaid rent was to be applied to last three months of ten-year rental period, $1800 was prepaid rent to be applied only for last three months of new rental period, and tenants did not have defense under this section against termination of lease for rental payment default. Powers v. Kirkman Laboratories, Inc., 45 Or App 1083, 610 P2d 280 (1980), Sup Ct review denied
FED action for land leased for agricultural purposes may be instituted as soon as tenants wrongfully hold over beyond fixed expiration date of lease and this section does not require 90 days' notice prior to commencement of action if tenancy is for fixed term. Federal Land Bank of Spokane v. Schelske, 87 Or App 346, 742 P2d 659 (1987)
Notes of Decisions
Provisions for early trial, posting of security for accruing rent during continuance and restriction of triable issues do not violate Due Process or Equal Protection clauses of federal constitution. Lindsey v. Normet, 405 US 56, 92 S Ct 862, 31 L Ed 36 (1972)
Proceedings under the Oregon forcible entry and detainer law, including proceedings against nonresident defendants, are not subject to the general statutes relating to service of process. Lexton-Ancira, Inc. v. Kay, 269 Or 1, 522 P2d 875 (1974)
A forcible entry and detainer proceeding is a "local action" for choice of law purposes. Fry v. D.H. Overmyer Co., 269 Or 281, 525 P2d 140 (1974)
the Defendant Did not State Good Affirmative Defenses By Alleging
a violation of public policy forbidding a franchisor to refuse to renew a franchise except for good cause; A "retaliatory eviction" for a refusal to engage in improper business practices; and an implied agreement to renew based upon conduct and prior dealings. William C. Cornitius, Inc., v. Wheeler, 276 Or 747, 556 P2d 666 (1976)
In forcible entry and detainer action to recover possession of commercial property, claim for attorney fees could not be litigated. Grove v. The Hindquarter Corp., 45 Or App 781, 609 P2d 840 (1980)
In forcible entry and detainer action for possession of commercial premises, landlords could not recover attorney fees. Owen J. Jones & Son, Inc. v. Gospodinovic, 46 Or App 101, 610 P2d 1238 (1980)
Equitable defense may be raised in FED proceeding. Rose v. Webster, 51 Or App 293, 625 P2d 1329 (1981)
In FED action to recover commercial property, defendant cannot assert counterclaim unless counterclaim is authorized by statute. Class v. Carter, 293 Or 147, 645 P2d 536 (1982)
Law Review Citations
16 WLR 291 (1979)
Atty. Gen. Opinions
Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869