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Lindsey v. Normet

United States Supreme Court

405 U.S. 56 (1972)

Relevant factsFree

Tenants (plaintiffs) rented a home month-to-month from a landlord (defendant); after the city deemed the residence uninhabitable and the landlord refused requested repairs, the tenants withheld a month's rent, prompting the landlord to threaten eviction under Oregon's Forcible Entry and Wrongful Detainer (FED) statute, which required trial within six days unless the tenant paid accruing rent as security, precluded the tenant from raising the landlord's failure to maintain as a defense, and required a bond of twice the rent amount to appeal. The tenants sued in federal district court seeking a declaration that the FED was unconstitutional; the trial court dismissed, finding no due process or equal protection violation.

IssueFree

Whether, in a statute governing wrongful detainer actions, a requirement of early trial and a restriction on litigable issues, where excluded issues are litigable elsewhere, violate due process or equal protection.

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