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Property Law Keyed to Cribbet
United States National Bank of Oregon v. Homeland, Inc
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Lessor owns an office building in downtown Portland, Oregon. Homeland leased 3,000 square feet of office space from lessor for a five-year term, April 1, 1971 until March 31, 1976, which called for rent to be $1,175 per month for the first six months, $1,275 per month for the second six months and then for the last forty-eight months $1,415 per month. Homeland vacated the premises on July 31, 1973, with thirty-two months remaining on the lease, and paid no further rent. A receiver was appointed for Homeland. This case arose as a dispute between the lessor and the receiver for Homeland for unpaid rent following Homeland’s vacation of the property in July 1973. The property was re-let by lessor on February 1, 1974, to Sebastian’s for a longer term than the Homeland lease and for a higher rent. Sebastian’s subsequently vacated the premises on July 14, 1974, after paying total rent of $7,500. Lessor finally re-let the premises again effective August 1, 1975. Thus, lessor’s claim a gainst the receiver for Homeland is for the period of August 1, 1973, through July 31, 1975, a period of 24 months, at a monthly rate of $1,415, minus the rent paid by Sebastian’s, for a net claim against the receiver of $26,460. In the trial court the receiver urged the court to limit the claim from July 31, 1973, when Homeland vacated, until February 1, 1974, when the premises were re-let. The trial court limited the claim of lessor and denied the remainder of lessor’s claim. The intermediate appellate court affirmed the trial court’s decision and lessor appealed.
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