Home Forward v. Graham

If the action at issue is not listed in ORS 90.396, the court must compare the action with the listed actions to determine if it rises to the level of “outrageous in the extreme.” Emon Enterprises, LLC v. Kilcup, 285 Or App 639, 642, 395 P3d 78 (2017).

Landlord appealed a judgment that denied an expedited eviction under ORS 90.396. Landlord assigned error to the trial court’s consideration of “mitigating factors” when determining if Tenant’s actions rose to the level of “outrageous in the extreme” to warrant an expedited eviction. Landlord argued ORS 90.396 does not require a court to consider mitigating factors. If the action at issue is not listed in ORS 90.396, the court must compare the action with the listed actions to determine if it rises to the level of “outrageous in the extreme.” Emon Enterprises, LLC v. Kilcup, 285 Or App 639, 642, 395 P3d 78 (2017). The Court of Appeals held the trial court erred when it relied upon Tenant’s duration of tenancy and past behavior to conclude Tenant’s action was not “outrageous in the extreme.” Reversed and remanded.