2011 ORS § 90.401¹

Remedies available to landlord

Except as provided in this chapter:

(1) A landlord may pursue any one or more of the remedies set forth in ORS 90.392 (Termination of rental agreement by landlord for cause), 90.394 (Termination of rental agreement for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of rental agreement for drug or alcohol violations), 90.403 (Taking possession of premises from unauthorized possessor) and 90.405 (Effect of tenant keeping unpermitted pet), simultaneously or sequentially.

(2) In addition to the remedies provided in ORS 90.392 (Termination of rental agreement by landlord for cause), 90.394 (Termination of rental agreement for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice) and 90.398 (Termination of rental agreement for drug or alcohol violations), a landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or ORS 90.325 (Tenant duties) or 90.740 (Tenant obligations). [2005 c.391 §11]

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)

2011 ORS § 90.401¹ Remedies available to landlord

2011 ORS § 90.401¹

Remedies available to landlord