Emon Enterprises, LLC v. Kilcup

Tenants appealed a judgment of restitution of rental premises to their landlord. Tenants assigned error to the landlord’s ability to obtain restitution under ORS 90.394 when the landlord had previously received a judgment for restitution under ORS 90.396(1)(f). Defendants also assign error to the trial court’s determination that the Landlord properly served the notice of termination to one of the defendants. On appeal, Tenants argued that the landlord had already successfully received a judgment of restitution for the premises after the 24-hour notice terminate the tenancy, and therefore Landlord cannot receive an award for the same relief that the landlord already received. In response, the Landlord argued that ORS 90.401 permits the ability to pursue multiple remedies, and the action on appeal was proper under this statute. “‘Sequential’ means ‘of, relating to, or forming a sequence.’ Webster’s Third New Int’l Dictionary 2017. That is, ‘consecutive’ or ‘serial.’ Id. In other words, in pursuing statutory remedies sequentially, as permitted by the statute, a landlord may pursue them ‘in a series, ‘one right after the other often with small interviewing intervals.’ Id.” The Court held that under the plain, unambiguous text of ORS 90.401(1), a landlord may pursue a series of action to terminate a tenancy and obtain possession of residential property one right after another. Affirmed.