Oregon Supreme Court
Hickey v. Scott
July 28, 2022370 Or. 97
Summary
The Oregon Supreme Court held that ORS 90.394(3) requires a termination notice to state the precise and accurate amount of rent needed to cure nonpayment, and that a notice stating a greater amount is invalid, requiring dismissal of the FED action. The Court reversed the Court of Appeals and circuit court and remanded for further proceedings.
Holding
- Whether ORS 90.394(3) requires a termination notice to specify a precise and accurate amount of rent that must be paid to cure nonpayment. Yes; the statute’s use of “specify” and the definite article “the” requires the landlord to state the exact amount that actually cures the default, not a greater, inaccurate figure.
- Remedy when a termination notice states an amount greater than the amount actually due. An FED action based on such an invalid notice must be dismissed; the landlord may re‑issue a correct notice and refile.
Docket S068647