Residential Landlord and Tenant
Retaliatory conduct by landlord
- tenant remedies and defenses
- action for possession in certain cases
(formerly 91.865)
Notes of Decisions
Disputable presumption, that action taken by landlord against tenant within six months after complaint is retaliatory, did not arise where tenant did not make complaint concerning electrical deficiencies to Bureau of Buildings until after notice of proposed rent increase. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829 (1978)
Complaint stating that landlord pried back porch off house and left large pile of debris scattered in tenant's backyard adequately alleged decrease in services under this section. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)
Distinction drawn by this section between residential and nonresidential tenancies is not irrational, arbitrary or unreasonable under United States or Oregon Constitution. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
This section does not violate Article I, Section 10 of the Oregon Constitution by impeding access to the courts. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
This section does not permit involuntary servitude, compel unwilling performance of strictly personal services or permit an unconstitutional taking of property in violation of Oregon or United States Constitutions. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
The disputable presumption in former version of this section did not result in denial of due process, under the Oregon or United States constitutions or violate Oregon constitutional provision relating to separation of powers or trial by jury. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
This section does not contain an unconstitutional delegation of authority. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
Where tenancy is under fixed-term lease, prohibition against landlord bringing action for possession ceases upon expiration of lease. Pendergrass v. Fagan, 218 Or App 533, 180 P3d 110 (2008), Sup Ct review denied
To prove retaliation under section, tenant must establish that landlord served notice of termination because of tenant's complaint; tenant need not additionally prove that complaint caused landlord actual or perceived injury or that landlord intended to cause tenant equivalent injury in return. Elk Creek Management Co. v. Gilbert, 353 Or 565, 303 P3d 929 (2013)
Law Review Citations
16 WLR 850 (1980)
Notes of Decisions
The prevailing party in an action brought under this Act is entitled to attorney fees. Executive Management v. Juckett, 274 Or 515, 547 P2d 603 (1976)
Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)
Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining action for possession. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied
Landlord may waive statutory right to 30 days' written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied
This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)
As this act is not penal, it is not subject to attack for vagueness. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
Distinction in this act between residential and nonresidential tenancies is not irrational, arbitrary or unreasonable under United States or Oregon Constitution. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied
Residential Landlord and Tenant Act does not supersede common law in all aspects of personal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)
Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent "unusual circumstances," to receive attorney fees for damages for prevailing on personal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied
Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause eviction notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to possession of house and whether tenants' right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)
Atty. Gen. Opinions
Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869; applicability to university housing and properties, (1976) Vol 37, p 1297
Law Review Citations
56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)