Cedar Lodge Ltd. v. Elliott

Defendant, tenant, appeals the denial of her motion for attorney fees under ORS 90.255 in this residential FED proceeding. We reverse and remand.

Plaintiff served defendant with a 72-hour notice of intent to terminate the tenancy for nonpayment of rent. On May 13, it filed a complaint. On May 28, defendant filed an answer and counterclaim, alleging habitability violations that entitled her to a reduction of rent. On June 3, shortly before the start of trial, she paid the rent into court. She appeared for trial with her attorney and four witnesses. Plaintiffs non-attorney manager appeared…