2606 Building v. Mica or I Inc.

The issue in this commercial lease case is whether a lessee’s unilateral mistake may constitute the equitable defense of excusable neglect to a forcible entry and detainer (FED) action based on the lessee’s late payment of rent. The trial court denied the motion of the lessees (defendants) to file an amended answer raising the defense, declined to consider the defense on the merits, and entered judgment in favor of the lessors (plaintiffs). The Court of Appeals affirmed. 2606 Building v. MICA OR I Inc., 165 Or App 240, 994 P2d 1226 (2000). For the reasons that follow, we reverse the decision…