Eamon Enterprises, LLC v. Kilcup

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Property Law
  • Date Filed: 05-17-2017
  • Case #: A159316
  • Judge(s)/Court Below: Flynn, J. pro tempore for the Court; Sercombe, P. J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 90.396, an act that is “outrageous in the extreme” is similar in degree to an act that would (1) put another at risk of substantial personal injury; (2) an act that substantially damages the landlord’s premises; or (3) any materially fraudulent information on rental agreement.  

In a forcible entry and detainer (FED) action, Tenant appealed a judgment in favor of landlord for restitution of the premises. On appeal, Tenant argued that his conduct was not an “act that is outrageous in the extreme” as provided in ORS. 90.396(1)(f), which would allow for an expedited termination as invoked by the landlord. Landlord argued that tenant’s acts (which were determined to be a product of psychotic episodes) of making and distributing false notices to other tenants announcing him as the as the new manager of the mobile home park, as well as a new rental rate, hindered landlord’s economic relations. Under ORS 90.396, an act that is “outrageous in the extreme” is similar in degree to an act that would (1) put another at risk of substantial personal injury; (2) an act that substantially damages the landlord’s premises; or (3) any materially fraudulent information on rental agreement.  The Court found that Tenant’s act did not put others at risk of substantial injury, nor did it inflict substantial damage to the property, and thus did not rise to the level of “outrageous in the extreme” per ORS 90.396.  Reversed. 

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