ORS 90.130 - Obligation of good faith

ORS 90.130
Obligation of good faith

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [Formerly 91.730]

Notes of Decisions

Absent evidence of tenant’s bad faith, she was entitled to recover amount equal to twice security deposit where landlord retained deposit and failed to provide written accounting. Ellsworth v. Gladden, 36 Or App 385, 584 P2d 774 (1978), Sup Ct review denied

Because tenant’s misrepresentations of rental history during application process were not made during act performed as condition precedent to exercising right or remedy, misrepresentations did not violate duty of good faith and should not have barred tenant from raising defenses or counterclaims. Lopez v. Kilbourne, 307 Or App 301, 477 P3d 14 (2020)

Whether party acted in “good faith” for purposes of Oregon Residential Landlord and Tenant Act requires applying subjective standard that turns on party’s subjective intentions to act honestly. Eddy v. Anderson, 366 Or 176, 458 P3d 678 (2020)

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Residential Landlord and Tenant

ORS 90.130 Obligation of good faith

Notes of Decisions

Source

ORS 90.130
Obligation of good faith