Kendall v. Daggett

In this residential FED proceeding, defendant tenant appeals the denial of his motion for attorney fees under ORS 90.255. We reverse and remand.

Plaintiffs filed an FED action against defendant in district court seeking possession of rental property that defendant occupied. ORS 105.105 et seq. Defendant filed an answer, which included the affirmative defense that plaintiff’s notice to terminate was defective. ORS 90.400(l)(a); 24 CFR § 882.511 (1995). 1 Before trial, defendant filed a motion under ORCP 21 A(5) 2 to dismiss the complaint on the ground that it did not comply with the notice…