Shepard Investment Group LLC v. Ormandy

The legislature would have chosen specific language if it was their intention to allow a tenant to recover either one month’s rent or twice the amount wrongfully charged for each violation. Therefore, the tenant can recover twice the amount he was wrongfully charged for the entire year

Landlord appealed a judgment for failure to comply with ORS 90.315(4)(b), of the Oregon Residential Landlord and Tenant Act (ORLTA), for a period of 12 months. Landlord assigned error to the trial court's amount of damages awarded to Tenant. On appeal, Landlord argued the statute is not a “per violation” damages provision, therefore, the Tenant may not recover for each month the landlord failed to comply. In response, Tenant argued that in fact, tenants can recover for each noncompliant charge. “If a landlord fails to comply with listed requirements, the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.” ORS 90.315(4)(b). The Court reasoned that the legislature would have chosen specific language if it was their intention to allow a tenant to recover either one month’s rent or twice the amount wrongfully charged for each violation. Therefore, the Tenant should indeed be able to recover for twice the amount Tenant was wrongfully charged for the violations during the year. This would be the greater of the two remedies provided in the statute. Reversed and remanded.