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ZEMP v. ROWLAND

572 P.2d 637 (1977)

31 Or.App. 1105

Lee ZEMP and Geraldine Zemp, Husband and Wife, Respondents — Cross-Appellants, v. Steven L. ROWLAND and Barbara R. Rowland, Husband and Wife, Dba Hdr Management Co., Appellants — Cross-Respondents.

Court of Appeals of Oregon.

Decided December 12, 1977.

Attorney(s) appearing for the Case

H. Thomas Evans, Eugene, argued the cause for appellants — cross-respondents. With him on the briefs was Evans & Armstrong, Eugene.

Joseph G. McKeever, Lane County Legal Aid Service, Eugene, argued the cause and filed the briefs for respondents — cross-appellants.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

THORNTON, Judge.

This appeal involves the validity of a residential lease provision requiring plaintiffs-tenants to pay to defendants-landlords a nonrefundable fee equal to one month's rent in exchange for the right to terminate the lease upon 30 days' notice. The trial court held that as a matter of law the nonrefundable fee provision was unconscionable under Oregon's Residential Landlord and Tenant Act. ORS 91.700 to 91.895.

The parties entered into the...

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