Lindsey v. Normet, 405 U.S. 56 (1972)

Citation: Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document: Lindsey v. Normet, 405 U.S. 56 (1972)
Jurisdiction: United States (federal)
Original Source: https://www.law.cornell.edu/supct/html/historics/USSC_CR_0405_0056_ZS.html ↗

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There are unique factual and legal characteristics of the landlord-tenant relationship that justify special statutory treatment inapplicable to other litigants. The tenant is, by definition, in possession of the property of the landlord; unless a judicially supervised mechanism is provided for what would otherwise be swift repossession by the landlord himself, the tenant would be able to deny the landlord the rights of income incident to ownership by refusing to pay rent and by preventing sale or rental to someone else. Many expenses of the landlord, continue to accrue whether a tenant pays his rent or not. Speedy adjudication is desirable to prevent subjecting the landlord to undeserved economic loss and the tenant to unmerited harassment and dispossession when his lease or rental agreement gives him the right to peaceful and undisturbed possession of the property. Holding over by the tenant beyond the term of his agreement or holding without payment of rent has proved a virulent source of friction and dispute. We think Oregon was well within its constitutional powers in providing for rapid and peaceful settlement of these disputes. 18

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