Shepard Investment Group LLC v. Ormandy
Annotate this CaseIn a forceable entry and detainer (FED) action, the Oregon Supreme Court was asked to determine the proper calculation of damages that could be awarded to a tenant, following multiple instances of landlord noncompliance with certain utility billing requirements that repeated each month, over a series of months. After plaintiff (landlord) brought an FED action against defendant (tenant) to recover possession of the landlord’s premises, tenant alleged a counterclaim that landlord had failed to comply with certain utility billing requirements found in ORS 90.315(4)(b). The trial court agreed with tenant, concluding that landlord had committed 12 separate violations—one per month over the 12 months within the one-year statute of limitations that governed Oregon Residential Landlord and Tenant Act (ORLTA) actions, and awarded tenant statutory damages in an amount equal to 12 months of rent. On landlord’s appeal, the Court of Appeals reversed, concluding that the plain text of ORS 90.315(4)(f) showed that the legislature had not intended for each landlord billing violation to be subject to a separate sanction. The Oregon Supreme Court concurred with the appellate court and affirmed.
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