Legal Opinion

Emon Enters., LLC v. Kilcup

Court of Appeals of Oregon

Decided January 24, 2019No. A159726Published

1Opinion of the CourtHadlock, J.

*744In this forcible entry and detainer (FED) action, tenants, Rick Kilcup and Lorie Kilcup, who are husband and wife, appeal a judgment of restitution of rental premises to landlord. In their first assignment of error, tenants assert that, having previously obtained a judgment of restitution under ORS 90.396(1)(f) (allowing a landlord to terminate a tenancy on an expedited basis for conduct that is "outrageous in the extreme"), the landlord was precluded from obtaining a judgment of restitution under ORS 90.394 (allowing termination of rental agreement for nonpayment of rent). In a second…

2Cases cited7 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Brumnett v. Psychiatric Security Review BoardOregon Supreme Court · 1993
  3. Comcast Corp. v. Department of RevenueOregon Supreme Court · 2014
  4. Drake v. AlonsoCourt of Appeals of Oregon · 2017
  5. Liberty Northwest Ins. Corp. v. RectorCourt of Appeals of Oregon · 1997

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