Q: (4) A judgment may not be enforced if the plaintiff has accepted rent
My rent was prepaid. The hearing was 8/31/2021, on 9/01/2021, the rent was paid for September and taken out of the balance.
A: The balance of what? You can try arguing that but the statutory waiver provisions resulting from a partial acceptance of rent waives a landlord's right to terminate a tenancy under ORS 90.394. IF you went to trial and the court issued a Judgment, there no longer IS an issue of the landlord's right to terminate - the court has already definitively terminated the tenancy. I am not sure I see how a landlord's acceptance of rent money waives enforcement of a court Judgment but as noted, you can try.
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