- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 01-02-2020
- Case #: A168204
- Judge(s)/Court Below: Mooney, J. for the Court; Powers, P.J.; & Linder, S.J.
- Full Text Opinion
Defendant appealed a judgement of eviction in Plaintiff's favor in a forcible entry and detainer (FED) action. Defendant assigned error to the trial court allowing Plaintiff to maintain the FED action because there was no landlord-tenant relationship established. In response, Plaintiff argued that such a relationship need not exist if Defendant had attempted to claim title to the property. To maintain an FED action, the entry must have been by force and the holding of the property must have also been by force. ORS 105.110; Kerr v. Jones, 193 Or App 682, 687, 91 P3d 828 (2004). The Court held that Plaintiff could not maintain the FED action because (1) Defendant was the property's original owner, therefore, entry was made in a peaceful manner, and (2) there was no landlord-tenant relationship between the parties. Reversed.