1. Home
  2. Browse Decisions
  3. P.3d
  4. 303 P.3d
  5. 303 P.3d 929 (2013)
 

ELK CREEK MANAGEMENT CO. v. GILBERT

(CC M09072786; CA A143348; SC S060187).

303 P.3d 929 (2013)

353 Or. 565

ELK CREEK MANAGEMENT COMPANY, Respondent on Review, v. Harold GILBERT and Melissa Strittmatter, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Decided May 31, 2013.

Attorney(s) appearing for the Case

Edward Johnson , Oregon Law Center, Portland, argued the cause and filed the brief for petitioners on review.

Respondent on review waived briefing and oral argument.

WALTERS, J.

ORS 90.385 prohibits a landlord from "retaliat[ing] by" serving notice to terminate a tenancy after the tenant has made a complaint that is in good faith and related to the tenancy.1 In this case, we conclude that, to prove retaliation under ORS 90.385, a tenant must establish that the landlord served the notice of termination because of the tenant's complaint. The tenant need not prove, in addition, that the complaint...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases