Cheryl Wilcox Property Management v. Appel

*92RIGGS, J.

In this forcible entry and detainer action, defendants appeal from a judgment for plaintiff. They assign error to the trial court’s award of damages under ORS 90.900(3).1 We vacate the award.

Defendants rented property from plaintiff for $500 per month under a month-to-month agreement. On July 5, 1990, plaintiff mailed defendants a 30-day notice to terminate the tenancy on August 8,1990. Defendants did not move out. On August 9, plaintiff filed this action. The complaint alleged that “plaintiff is entitled to possession of the premises because: 30-day notice (month-to-month tenancy)”…