Notice necessary to maintain action in certain cases
- waiver of notice
- effect of advance payments of rent
Source:
Section 105.120 — Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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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)