Marquam Investment Corp. v. Myers

Defendant-tenant appeals from a judgment entered for plaintiff-landlord in district court on a forcible entry and detainer action (FED). Defendant makes several assignments of error.

INCONSISTENT VERDICT

Plaintiff filed the FED action following a 30-day notice of termination. Defendant answered alleging retaliation as an affirmative defense pursuant to ORS 91.865. Defendant also counterclaimed for damages based on: (1) retaliation, (2) use of a prohibited rental provision and (3) the plaintiffs failure to maintain the dwelling unit in a habitable condition.

The jury returned the following…