McKenzie v. Robert

Tenants appeal from an order denying their motion for attorney fees after the court entered judgment dismissing landlord’s residential Forcible Entry and Detainer (FED) complaint. We reverse and remand.

The court dismissed landlord’s complaint for failure to meet notice requirements under ORS 90.910(1). Tenants filed a motion for attorney fees under ORS 90.255. While the court was considering that motion, landlord filed a second complaint that commenced a new FED action against tenants. The court issued an order denying tenants’ motion for attorney fees as the prevailing party in the first…