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VOLLERTSEN v. LAMB

A8212-07824; CA A32343.

706 P.2d 1022 (1985)

75 Or.App. 606

Terry A. VOLLERTSEN, Appellant, v. R. Scott LAMB and Caroline A. Lamb, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 9, 1985.

Reconsideration Denied December 6, 1985.

Attorney(s) appearing for the Case

Laurence L. Janke, Portland, argued the cause for appellant. With him on the brief was Janke, Kelley, Petersen & Sullivan, Portland.

Richard C. Baldwin, Portland, waived appearance for respondents.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendants are former tenants of a house which plaintiff owns. More than one year after the tenancy terminated, plaintiff sued them for unpaid rent and for waste, alleging that they had damaged the house. The trial court dismissed the action on the ground that plaintiff's exclusive remedy was through the Residential Landlord/Tenant Act, ORS 91.700 et seq. (the Act), and that ORS 12.125 required that an action under the Act be commenced...

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