Kailash Ecovillage, LLC v. Santiago

“Under ORS 90.155(1), a landlord is permitted to use nail and mail service only if the parties’ rental agreement affords the tenant a ‘reciprocal right’ to use nail and mail service.” American Property Management Corporation v. Nikaia, 230 Or. App. 321, 328, 215 P.3d 906 (2009).

Tenant appealed a general judgment awarding restitution of the premises to landlord. Tenant argued that landlord did not meet the statutory requirements under ORS 90.155(1) for serving tenants by first class mail and attachment, which rendered landlord’s notice defective, and required the trial court to grant tenant’s motion to dismiss. In response, landlord argued that the rental agreement satisfied the requirements of ORS 90.155(1)(c) at the time the parties executed it. “Under ORS 90.155(1), a landlord is permitted to use nail and mail service only if the parties’ rental agreement affords the tenant a ‘reciprocal right’ to use nail and mail service.” American Property Management Corporation v. Nikaia, 230 Or. App. 321, 328, 215 P.3d 906 (2009). The Court found that landlord did not supply tenant with the necessary information to afford tenant a meaningful reciprocal right to use nail and mail service. The Court held that it is a landlord’s responsibility to supply a tenant with a valid and effective mailing address that allows the tenant to serve the landlord by first class mail. Judgment vacated; remanded with instructions to dismiss.