Legal Opinion · Dissent

Ostlund v. Hendricks

Court of Appeals of Oregon

Decided December 31, 1979No. 14763-D, CA 14768Published

1DissentTanzer, P. J.

ORS 105.120(2) is dispositive. It provides:

"An action for the recovery of the possession of a dwelling unit[1] * * * may be maintained * * * when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.855.”

The pertinent part of ORS 91.855 is subsection (2), which provides:

*897"The landlord or the tenant may terminate a month-to-month tenancy by giving to the other, at any time during the tenancy, not less than 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy.…

2Cases cited1 opinion

  1. Teresi v. Gina Belmonte Corp.Court of Appeals of Oregon · 1977

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