Willamette Landing Apartments v. Burnett

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Landlord Tenant
  • Date Filed: 12-14-2016
  • Case #: A152926
  • Judge(s)/Court Below: Devore, J. for the Court; Duncan, P.J.; & Flynn, J.
  • Full Text Opinion

Under ORS 91.090, acceptance of a post-judgment value for use and occupation of premises because of a court-ordered stay during appeal does not operate to reinstate a lease.

The trial court released Tenant’s undertaking for appeal, an amount equal to two years rent, but not including prior owed rent, to Landlord after appeal had been pending for two years. Tenant appealed the underlying decision, arguing that by accepting the undertaking, Landlord had reinstated the rental agreement and waived any bases for eviction. Under ORS 91.090, if a Landlord accepts payment of rent, the lease will be reinstated. The Court determined that the definition of “rental agreement” in ORS 105.161(4) does not include Tenant’s hold-over occupancy of a residence during an appeal. The Court therefore held that acceptance of a post-judgment value for use and occupation of the premises because of a court-ordered stay during appeal did not operate to reinstate the lease under ORS 91.090. Former opinion adhered to as modified. 

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