CEDAR LODGE LTD. v. ELLIOTT

91F 737533; CA A71521.

839 P.2d 757 (1992)

115 Or. App. 688

CEDAR LODGE LIMITED, a California limited partnership, dba Cedar Lodge Apartments, Respondent, v. Kathleen ELLIOTT, Appellant.

Court of Appeals of Oregon.

Decided October 21, 1992.


Attorney(s) appearing for the Case

Craig P. Colby, Portland, argued the cause for appellant. With him on the brief was Wall & Colby, Portland.

Glenn A. Leier, Portland, argued the cause for respondent. With him on the brief was McKeown & Brindle, P.C., Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


DE MUNIZ, Judge.

Defendant, tenant, appeals the denial of her motion for attorney fees under ORS 90.255 in this residential FED proceeding. We reverse and remand.

Plaintiff served defendant with a 72-hour notice of intent to terminate the tenancy for nonpayment of rent. On May 13, it filed a complaint. On May 28, defendant filed an answer and counterclaim, alleging habitability violations that entitled her to a reduction of rent. On June 3, shortly before...

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