††††† Chapter 091

 

††††† 91.040

 

NOTES OF DECISIONS

 

††††† Tenancy at sufferance does not arise unless there was fixed-term tenancy that has expired by its terms. Reeves v. Rodgers, 204 Or App 281, 129 P3d 721 (2006)

 

††††† 91.090

 

NOTES OF DECISIONS

 

††††† In absence of facts sufficient to warrant equitable relief, failure of tenant to pay rent within 10 days after date due operated to terminate tenancy, notwithstanding a subsequent tender. State Hwy. Comm. v. Demarest, 263 Or 590, 503 P2d 682 (1972); Fry v. D.H. Overmyer Co., 269 Or 281, 525 P2d 140 (1974)

 

††††† This section operated to automatically terminate defendantís leasehold when the 10-day grace period elapsed, and there was no waiver of the time provision as a result of any previous acceptances of late payments. Ratoza v. The Flame, Inc., 277 Or 185, 559 P2d 1283 (1977)

 

††††† Prior acceptance of late rent payments did not supersede rule of this section that failure to pay rent operates to terminate tenancy without notice to quit or pay. Washington Square, Inc. v. First Lady Beauty Salons, 290 Or 753, 625 P2d 1311 (1981)

 

††††† Where agent disbursed funds from trust account containing payments on lease during pendency of FED action, this did not have the effect of reinstating lease where record did not indicate that payments were anything but inadvertent. Pratt v. McNally-Rathbone, 61 Or App 443, 658 P2d 516 (1983), Sup Ct review denied

 

††††† Where lease did not require separate written notice of termination for failure to pay rent, plaintiffís notification to defendant that it was in default and demand for full payment within 10 days complied with the lease and the statute did not require more. Beri, Inc. v. LaPointeís, Inc., 66 Or App 257, 673 P2d 570 (1983), Sup Ct review denied

 

††††† In FED action, lessorís acceptance of administrative rent from bankruptcy court for period after lessorís filing of action did not waive lessorís default in payment or reinstate lease under this section. Shlim v. Alimeg, Inc., 87 Or App 178, 742 P2d 54 (1987), Sup Ct review denied

 

††††† This section does not require written notice of default before commencing FED action. Shlim v. Alimeg, Inc., 87 Or App 178, 742 P2d 54 (1987), Sup Ct review denied

 

††††† Where tenant fails to pay rent timely and therefore forfeits estate in real property, tenant remains liable for damages for breach of agreement to lease premises in future. Sunset Fuel and Engineering Co. v. Compton, 97 Or App 244, 775 P2d 901 (1989), Sup Ct review denied

 

††††† Where lease contains forfeiture provision with terms contrary to statutory terms, lease controls and forfeiture action is treated as contract interpretation and enforcement issue. 2606 Building v. MICA OR I, Inc., 334 Or 175, 47 P3d 12 (2002)

 

††††† 91.230

 

††††† See also annotations under ORS 91.310 in permanent edition.

 

NOTES OF DECISIONS

 

††††† Where there was sale of property, upon which tenants had annually planted and harvested grass seed pursuant to oral lease, notice of termination of oral lease given to tenants was not timely, and tenants reseeded and fertilized after sale, tenants were entitled under this section to damages for grass seed crop harvested by new owners. Falk v. Amsberry, 279 Or 417, 569 P2d 558 (1977)

 

††††† Estate of lessor could not use emblement rights to defeat right of successor to interest in land to collect rent. Simpson v. McCormmach, 125 Or App 603, 866 P2d 489 (1994), Sup Ct review denied

 

††††† Where tenant voluntarily quitclaims interest in property prior to expiration of lease or foreclosure, tenant retains no interest in crops. Taggart v. Battaglia, 140 Or App 585, 915 P2d 1001 (1996)

 

††††† 91.690

 

††††† See annotations under ORS 101.080.

 

††††† 91.700 to 91.895

 

††††† See annotations under ORS chapter 90.

 

††††† 91.710

 

††††† See annotations under ORS 90.110.

 

††††† 91.720

 

††††† See annotations under ORS 90.120.

 

††††† 91.725

 

††††† See annotations under ORS 90.125.

 

††††† 91.730

 

††††† See annotations under ORS 90.130.

 

††††† 91.735

 

††††† See annotations under ORS 90.135.

 

††††† 91.745

 

††††† See annotations under ORS 90.245.

 

††††† 91.750

 

††††† See annotations under ORS 90.250.

 

††††† 91.755

 

††††† See annotations under ORS 90.255.

 

††††† 91.760

 

††††† See annotations under ORS 90.300.

 

††††† 91.765

 

††††† See annotations under ORS 90.305.

 

††††† 91.770

 

††††† See annotations under ORS 90.320.

 

††††† 91.790

 

††††† See annotations under ORS 90.340.

 

††††† 91.800

 

††††† See annotations under ORS 90.360.

 

††††† 91.805

 

††††† See annotations under ORS 90.365.

 

††††† 91.810

 

††††† See annotations under ORS 90.370.

 

††††† 91.820

 

††††† See annotations under ORS 90.394.

 

††††† 91.822

 

††††† See annotations under ORS 90.405.

 

††††† 91.840

 

††††† See annotations under ORS 90.425.

 

††††† 91.855

 

††††† See annotations under ORS 90.427.

 

††††† 91.865

 

††††† See annotations under ORS 90.385.

 

††††† 91.885

 

NOTE: Repealed October 3, 1980; ORS 91.886 enacted in lieu

 

††††† See annotations under ORS 90.630.

 

††††† 91.886

 

††††† See annotations under ORS 90.630.