Bryant v. Cuniff

Plaintiffs appeal from a judgment based on a dismissal for failure to state a claim. We reverse.

Plaintiffs filed a forcible entry and detainer (FED) complaint, using a form provided by the Multnomah County District Court, which was based on the prototype for residential FED actions described in ORS 105.125(2). The complaint form includes a section for describing the termination notice served on the tenant. Plaintiffs did not give notice and did not fill out that section, which lists various types of notice, including “No notice.” The caption of the complaint form names the action as “Forcible…