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EO v. TRANE

C033271CV; A127220.

160 P.3d 1018 (2007)

213 Or. App. 381

Russell EO and Karen Eo, Plaintiffs-Respondents, v. John TRANE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Daniel R. Reitman argued the cause and filed the briefs for appellant.

Chris Covert argued the cause and filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and BREITHAUPT, Judge pro tempore.

BREITHAUPT, J. pro tempore.

Defendant landlord appeals a judgment for plaintiffs in this landlord-tenant dispute. Defendant assigns error to the following decisions of the trial court: (1) that he waived his right to late fees and (2) that plaintiffs were not required to reimburse defendant for heating oil. In a third assignment of error, defendant asserts that, if he prevails on the first or both assignments of error, he will be

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