Hickey v. Scott

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Landlord Tenant
  • Date Filed: 07-28-2022
  • Case #: S068647
  • Judge(s)/Court Below: Nelson, J. for the Court; Balmer, P.J.; Flynn, J.; Duncan, J.; Garrett, J.; Dehoog, J. and Nakamoto, S.J., J. pro tempore
  • Full Text Opinion

Under ORS 90.394(3), a valid termination notice must specify the amount of rent that must be paid to cure nonpayment, the amount must be precise and accurate.

Plaintiff issued Defendants a notice for nonpayment and intent to terminate for unpaid rent. Defendants argued plaintiff’s notice failed to give an accurate statement for the amount of rent owed. Under ORS 90.394(3), a valid termination notice must specify the amount of rent that must be paid to cure nonpayment, the amount must be precise and accurate. The Court found the legislature added the requirement that the landlord is required to specify the amount of rent to be paid in order to cure and intended that the landlord is to convey the accurate amount due rather than something else. The Court emphasized that strict adherence to statutory requirements for a notice of termination is important. The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings.

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