Chapter 91
91.040
NOTES OF DECISIONS
Tenancy
at sufferance does not arise unless there was fixed-term tenancy that has
expired by its terms. Reeves v. Rodgers, 204 Or App 281, 129 P3d 721 (2006)
91.090
NOTES OF DECISIONS
In
absence of facts sufficient to warrant equitable relief, failure of tenant to
pay rent within 10 days after date due operated to terminate tenancy,
notwithstanding a subsequent tender. State Hwy. Comm. v. Demarest, 263 Or 590,
503 P2d 682 (1972); Fry v. D.H. Overmyer Co., 269 Or 281,
525 P2d 140 (1974)
This
section operated to automatically terminate defendant’s leasehold when the
10-day grace period elapsed, and there was no waiver of the time provision as a
result of any previous acceptances of late payments. Ratoza
v. The Flame, Inc., 277 Or 185, 559 P2d 1283 (1977)
Prior
acceptance of late rent payments did not supersede rule of this section that
failure to pay rent operates to terminate tenancy without notice to quit or
pay. Washington Square, Inc. v. First Lady Beauty Salons, 290 Or 753, 625 P2d
1311 (1981)
Where
agent disbursed funds from trust account containing payments on lease during
pendency of FED action, this did not have the effect of reinstating lease where
record did not indicate that payments were anything but inadvertent. Pratt v.
McNally-Rathbone, 61 Or App 443, 658 P2d 516 (1983),
Sup Ct review denied
Where
lease did not require separate written notice of termination for failure to pay
rent, plaintiff’s notification to defendant that it was in default and demand
for full payment within 10 days complied with the lease and the statute did not
require more. Beri, Inc. v. LaPointe’s,
Inc., 66 Or App 257, 673 P2d 570 (1983), Sup Ct review denied
In
FED action, lessor’s acceptance of administrative
rent from bankruptcy court for period after lessor’s
filing of action did not waive lessor’s default in
payment or reinstate lease under this section. Shlim
v. Alimeg, Inc., 87 Or App 178, 742 P2d 54 (1987),
Sup Ct review denied
This
section does not require written notice of default before commencing FED
action. Shlim v. Alimeg,
Inc., 87 Or App 178, 742 P2d 54 (1987), Sup Ct review denied
Where
tenant fails to pay rent timely and therefore forfeits estate in real property,
tenant remains liable for damages for breach of agreement to lease premises in
future. Sunset Fuel and Engineering Co. v. Compton, 97 Or App 244, 775 P2d 901
(1989), Sup Ct review denied
Where
lease contains forfeiture provision with terms contrary to statutory terms,
lease controls and forfeiture action is treated as contract interpretation and
enforcement issue. 2606 Building v. MICA OR I, Inc., 334 Or 175, 47 P3d 12
(2002)
91.230
See
also annotations under ORS 91.310 in permanent edition.
NOTES OF DECISIONS
Where
there was sale of property, upon which tenants had annually planted and
harvested grass seed pursuant to oral lease, notice of termination of oral
lease given to tenants was not timely, and tenants reseeded and fertilized
after sale, tenants were entitled under this section to damages for grass seed
crop harvested by new owners. Falk v. Amsberry, 279
Or 417, 569 P2d 558 (1977)
Estate
of lessor could not use emblement
rights to defeat right of successor to interest in land to collect rent.
Simpson v. McCormmach, 125 Or App 603, 866 P2d 489
(1994), Sup Ct review denied
Where
tenant voluntarily quitclaims interest in property prior to expiration of lease
or foreclosure, tenant retains no interest in crops. Taggart v. Battaglia, 140 Or App 585, 915 P2d 1001 (1996)
91.690
See
annotations under ORS 101.080.
91.700 to 91.895
See
annotations under ORS chapter 90.
91.710
See
annotations under ORS 90.110.
91.720
See
annotations under ORS 90.120.
91.725
See
annotations under ORS 90.125.
91.730
See
annotations under ORS 90.130.
91.735
See
annotations under ORS 90.135.
91.745
See
annotations under ORS 90.245.
91.750
See
annotations under ORS 90.250.
91.755
See
annotations under ORS 90.255.
91.760
See
annotations under ORS 90.300.
91.765
See
annotations under ORS 90.305.
91.770
See
annotations under ORS 90.320.
91.790
See
annotations under ORS 90.340.
91.800
See
annotations under ORS 90.360.
91.805
See
annotations under ORS 90.365.
91.810
See
annotations under ORS 90.370.
91.820
See
annotations under ORS 90.394.
91.822
See
annotations under ORS 90.405.
91.840
See
annotations under ORS 90.425.
91.855
See
annotations under ORS 90.427.
91.865
See
annotations under ORS 90.385.
91.885
NOTE:
Repealed October 3, 1980; ORS 91.886 enacted in lieu
See
annotations under ORS 90.630.
91.886
See
annotations under ORS 90.630.