L & M Investment Co. v. Morrison

This is an action by a landlord under the Forcible Entry and Detainer statute (ORS 105.105 et seq) to evict a tenant on a month-to-month lease. The tenant filed a counterclaim for damages and an injunction under provisions of the Residential Landlord and Tenant Act of 1973 (ORS 91.700 et seq), alleging, among other things, that the landlord had failed to maintain the premises in a "habitable condition.” The trial judge, sitting without a jury, held that plaintiff was not entitled to possession; that defendants were entitled to continue in possession, to damages and attorneys fees and to a…