Tenant counterclaims in action by landlord for possession or rent
Source:
Section 90.370 — Tenant counterclaims in action by landlord for possession or rent, https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
.
Notes of Decisions
This section does not unconstitutionally discriminate between residential and nonresidential tenancies. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
If tenant counterclaims and tenders into court any outstanding rent, tenant is entitled to retain possession provided counterclaim award plus tendered rent equal or exceed amount of rent adjudicated due. Napolski v. Champney, 295 Or 408, 667 P2d 1013 (1983)
Tenant, in FED action based on nonpayment of rent, who asserted and recovered on counterclaims and tendered into court, after trial and verdict but before judgment, difference between rent due and recovery on counterclaims was entitled to judgment for possession and was prevailing party. Eddy v. Parazoo, 77 Or App 120, 711 P2d 205 (1985)
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)
Tenant may allege Unfair Trade Practices Act violation as counterclaim to FED action. Hoffer v. Szumski, 129 Or App 7, 877 P2d 128 (1994)
Payment of rent into court not mandatory for tenant who counterclaims to retain possession if no rent remains due after court offsets any rent due with damages awarded for counterclaim. Timmermann v. Herman, 291 Or App 547, 422 P3d 347 (2018)