Emon Enterprises, LLC v. Kilcup

FLYNN, J. pro tempore

In this forcible entry and detainer (FED) action, tenant appeals a judgment of restitution of the premises to landlord. The issue presented in this appeal is whether tenant engaged in conduct that could be considered “outrageous in the extreme” so as to permit landlord to terminate the tenancy on an expedited basis under ORS 90.396(1)(f). For the reasons that follow, we agree with tenant that his conduct did not qualify as “outrageous in the extreme,” within the meaning of ORS 90.396(1)(f). Accordingly, we reverse the restitution judgment.1

The facts pertinent to this…