Kkmh Properties, LLC v. Shire

Summary

The court held that a termination notice under ORS 90.392(3)(c) must inform the tenant of the right to cure whenever the tenant has a legal right to cure the violation, regardless of the landlord's assessment of the tenant's practical ability to do so. Because the alleged property damage was a curable violation and the notice instead stated that no cure opportunity was available, the notice was invalid and could not support the eviction. The court reversed the lower-court decisions and remanded for further proceedings.