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Elk Creek Management Company v. Gilbert

Oregon Supreme Court
303 P.3d 929 (2013)



Harold Gilbert and Melissa Strittmatter (Tenants) (defendants) rented property from Elk Creek Management Company (Elk Creek) (plaintiff) on a month-to-month basis through a written rental agreement. The Tenants notified Elk Creek of electrical problems on the property, and Elk Creek inspected the property. Elk Creek then gave the Tenants a termination notice, saying that the notice was being given because repairs, including electrical repairs, were needed. The Tenants did not vacate the premises, and Elk Creek sued them for possession of the property. The Tenants alleged that the termination notice violated an Oregon Revised Statute 90.385. This statute prohibited landlords from retaliating against tenants who make good-faith complaints about the property. However, the trial court determined that the statute only applied if the landlord intended to injure the tenant. The trial court noted that Elk Creek might have given the notice to terminate for other valid business reasons and ruled for Elk Creek. The Tenants appealed, and the court of appeals affirmed. The Tenants then appealed to the Oregon Supreme Court.

Rule of Law


Holding and Reasoning (Walters, J.)

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