Gilbert v. District Court

Landlord (defendant in this writ of review proceeding) brought an action for forcible entry and detainer in the district court. He had rented a residence to plaintiff for $125 per month, commencing November, 1981. Plaintiff did not pay the rent for June, 1982. He counterclaimed in the FED action, alleging breach of the statutory duty to maintain the premises in a habitable condition, ORS 91.770, and retaliatory eviction. ORS 91.865. The district court awarded possession to landlord and denied the counterclaims. It found:

“The evidence was sufficient to establish that the premises were…