Reach Community Development v. Stanley

A letter from a landlord to tenant indicating that rent will not be accepted pending resolution of a BOLI investigation does not constitute a waiver of the landlord's right to insist on the payment of all accrued rent within 72-hours of issuing and serving a notice of nonpayment pursuant to ORS 90.394.

Stanley (Defendant) appeals a judgment of restitution. Stanley was a tenant in an apartment complex managed by Reach. Reach sent Stanley a 10-day "for cause" termination notice on August 17, 2009. The letter informed Stanley that Reach would not accept any rent payment until the Oregon Bureau of Labor & Industries resolved the “for cause” issue. On December 16, 2009, Reach served a 72-hour notice demand of payment for all unpaid rent from August through December on Stanley. Stanley failed to pay and Reach instituted a forcible entry and retainer action. The trial court awarded Reach restitution of the unpaid rent. Stanley appeals claiming Reach waived its right to timely receive rent and therefore he should have had more notice before a 72-hour notice of termination was issued under ORS 90.394. The Court of Appeals determined the August letter did not waive Reach's right to insist on the accrued rent nor did the letter remove the remedy provided by ORS 90.394. Affirmed.