Notice to Oregon landlords: the Oregon Supreme Court issued an opinion recently making it easier for a residential tenant to sue a landlord for retaliation.
July 2, 2013
Residential landlords should be aware that the Oregon Supreme Court made it easier for a tenant to sue landlords for retaliation. ORS 90.385 prohibits a landlord from retaliating by serving notice to terminate a tenancy after the tenant has made a complaint that is in good faith and related to the tenancy. A tenant must prove that the landlord served the notice of termination because of the tenant’s complaint. Under the Court’s ruling, a tenant need not prove that the complaint caused the landlord any injury or that the landlord intended to cause the tenant equivalent injury in return.