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Johnson Mobile Estates v. Oliver

Summarized by: 

Date Filed: 04-18-2012
Case #: A146453
Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146453.pdf

Landlord Tenant: ORS 105.149(2) allows the trial court to consider any issue outside the defendant's hearing request where the Residential Landlord Tenant Act applies.

Plaintiff Landlord appealed a post-judgment order from the lower court. Landlord and Tenant stipulated to an agreement requiring removal of a metal storage shed and the installation of a new shed. Landlord attempted a forcible entry and detainer action to evict the Tenant after the shed was not installed in a timely manner. The Landlord’s first argument was that the trial court improperly considered an argument the tenant did not raise, and secondly, the trial court erred in requiring the Landlord to have “good cause” for evicting the Tenant. The Landlord cited ORS 105.149(2)(b) in arguing the trial court could only hear the defense of “good cause” if the tenant argued it in their hearing request. The Court of Appeals found no such limitation in the text of ORS 105.149(2)(b). To the contrary, the Court held ORS 105.149(2) allowed the trial court to consider any issue outside the tenant’s hearing request where the Residential Landlord Tenant Act applied (RLTA). The “good cause” requirement qualified for consideration under the RLTA. The Landlord’s second argument was that there was no contract or law that required “good cause.” However, that argument was not preserved for appeal. Affirmed.