Elk Creek Management Co. v. Gilbert

ORS 90.385 prohibits a landlord from “retaliating] by” serving notice to terminate a tenancy after the tenant has made a complaint that is in good faith and related to the tenancy.1 In this case, we conclude that, to prove retaliation under ORS 90.385, a tenant must establish that the landlord served the notice of termination because of the tenant’s complaint. The tenant need not prove, in addition, that the complaint caused the landlord actual or perceived injury or that the landlord intended to cause the tenant equivalent injury in return. We reverse the decision of the Court of Appeals,…