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The following excerpts and compilation from state law may not reflect some recent amendments.
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Oregon Landlord Tenant Law
90.300 Security deposits; prepaid rent deposit.
90.302 Nonrefundable fees allowed; exception.
91.225 Local rent control prohibited; exclusions; exceptions.
OREGON REVISED STATUTES 1995 EDITION
CHAPTER 105 Property Rights
ACTIONS FOR RECOVERY OF REAL PROPERTY
105.005 Right of action; recovery
105.010 Contents of complaint
105.015 Answer
105.020 Substitution of landlord for tenant
105.025 Verdict
105.030 Damages for withholding; setoff for improvements
105.035 Judgment when plaintiff's right to possession expires
105.040 Order to make survey
105.045 Action not prejudiced by alienation by person in possession
105.050 Cotenant shall prove ouster
105.055 Conclusiveness of judgment
105.060 Effect of new trial on plaintiff's possession
105.070 Rights of donee under Donation Law
105.075 Notice to quit; action to recover possession
105.080 Reimbursement of tenants in common obtaining possession; lien
FORCIBLE ENTRY AND WRONGFUL DETAINER
105.105 Entry to be lawful and peaceable only
105.110 Action for forcible entry or wrongful detainer
105.112 Action by tenant to recover personal property; forms
105.115 Causes of unlawful holding by force
105.120 Notice necessary to maintain action in certain cases; waiver of notice;
105.125 Complaint
105.130 How action conducted; fees
105.132 Assertion of counterclaim
105.135 Service and return of summons; posting; contents
105.137 Effect of failure of party to appear; appearance by attorney;
105.138 Compelling arbitration; procedure
105.139 Burden of proof in certain cases
105.140 Continuance
105.145 Judgment on trial by court
105.154 Enforcement of judgment for restitution; forms; notice of restitution;
105.165 Alternative method of removing, storing and disposing of tenant's personal property;
105.168 Minor as party in proceedings pertaining to residential dwellings
90.300 Security deposits; prepaid rent deposit.
(1) For the purposes of this section, "security deposit" means any payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement, but does not mean a nonrefundable fee or a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement.
(2) A landlord may require the payment of a security deposit. A security deposit shall be held by the landlord for the tenant who is a party to the rental agreement. The claim of a tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy.
(3) The landlord may claim all or part of the security deposit only if the deposit was made for any or all of the purposes provided by subsection (4) of this section.
(4) The landlord may claim from the security deposit only the amount reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.
(5) A security deposit shall not be required or forfeited to the landlord upon the failure of the tenant to maintain a tenancy for a minimum number of months in a month-to-month tenancy.
(6) A landlord may also require the payment of a prepaid rent deposit as a type of security deposit. For the purposes of this section, "prepaid rent" means any payment to the landlord for a monthly or weekly rent obligation not yet due, including a last month's rent deposit. In addition, prepaid rent means rent paid for a period extending beyond a termination date specified in a valid and outstanding notice to terminate the tenancy. Prepaid rent deposits shall be treated in the same manner as other security deposits as required by this section, except that the accounting for a prepaid rent deposit shall be separate from the accounting required by subsection (7) of this section for other security deposits. The landlord may claim from the prepaid rent deposit only the amount reasonably necessary to pay the tenant's unpaid rent.
(7) In order to claim all or part of the security deposit, within 31 days after the termination of the tenancy and delivery of possession the landlord shall give to the tenant a written accounting which states specifically the basis or bases of the claim.
(8) The security deposit or portion of the deposit not claimed in the manner provided by subsections (6) and (7) of this section shall be returned to the tenant not later than 31 days after the termination of the tenancy and delivery of possession to the landlord.
(9) The landlord shall give the written accounting as required by subsection (7) of this section or shall return the deposit as required by subsection (8) of this section by personal delivery or by first class mail. Proof of timely compliance with this requirement shall include a postmark.
(10) If the landlord fails to comply with subsection (8) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the property and money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (7) of this section; or
(b) Withheld in bad faith.
(11) This section does not preclude the landlord or tenant from recovering other damages under this chapter.
(12) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
90.302 Nonrefundable fees allowed; exception.
A landlord may require the payment of a fee, if such fee is clearly designated as nonrefundable. A landlord shall not be required to account for or return any nonrefundable fee. This section shall not apply to applicant screening fees charged pursuant to ORS 90.295. <1995 c.559 s13>
91.225 Local rent control prohibited; exclusions; exceptions.
(1) The Legislative Assembly finds that there is a social and economic need to insure an adequate supply of affordable housing for Oregonians. The Legislative Assembly also finds that the imposition of general restrictions on housing rents will disrupt an orderly housing market, increase deferred maintenance of existing housing stock, lead to abandonment of existing rental units and create a property tax shift from rental-owned to owner-occupied housing. Therefore, the Legislative Assembly declares that the imposition of rent control on housing in the State of Oregon is a matter of statewide concern.
(2) Except as provided in subsections (3) to (5) of this section, a city or county shall not enact any ordinance or resolution which controls the rent that may be charged for the rental of any dwelling unit.
(3) This section does not impair the right of any state agency, city, county or urban renewal agency as defined by ORS 457.035 to reserve to itself the right to approve rent increases, establish base rents or establish limitations on rents on any residential property for which it has entered into a contract under which certain benefits are applied to the property for the expressed purpose of providing reduced rents for low income tenants. Such benefits include, but are not limited to, property tax exemptions, long-term financing, rent subsidies, code enforcement procedures and zoning density bonuses.
(4) Cities and counties are not prohibited from including in condominium conversion ordinances a requirement that, during the notification period specified in ORS 100.305, the owner or developer may not raise the rents of any affected tenant except in a proportional amount equal to the percentage increase in the All Items Portland Consumer Price Index since the date of the last rent increase for the dwelling unit then occupied by the affected tenant.
(5) Cities, counties and state agencies may impose temporary rent controls when a natural or man-made disaster that materially eliminates a significant portion of the rental housing supply occurs, but must remove the controls when the rental housing supply is restored to substantially normal levels.
(6) As used in this section, "dwelling unit" and "rent " have the meaning given those terms in ORS 90.100.
(7) This section is applicable throughout this state and in all cities and counties therein. The electors or the governing body of a city or county shall not enact, and the governing body shall not enforce, any ordinance, resolution or other regulation that is inconsistent with this section. <1985 c.335 s2>
CROSS-REFERENCES
Discrimination in selling, renting or leasing real property prohibited, 659.033 Forfeiture of property for controlled substance offenses, 1989 c.791 (note preceding 166.005) Residential Landlord and Tenant Act, Ch. 90 Limitation of actions for trespass, 12.080 105.105 to 105.168 Trustee's sale, right of purchaser to remove persons in possession under forcible entry and detainer, 86.755 105.115 Tenancy, when deemed to exist, 91.010 105.120 Tenancy generally, Ch. 91 Tenancy, when deemed to exist, 91.010 105.154 Fees for notices of restitution, 21.375, 21.410 105.168 Rental contract with minor, 109.697
105.005 Right of action; recovery.
(1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property.
(2) In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for:
(a) Double or treble damages under ORS 105.810 or 105.815; or
(b) The value of the use or occupation of the land by the person throughout the vesting period.
105.010 Contents of complaint. The plaintiff in the complaint shall set forth:
(1) The nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of the term.
(2) That the plaintiff is entitled to the possession thereof.
(3) That the defendant wrongfully withholds the property from the plaintiff to the damage of the plaintiff for such sum as is therein claimed.
(4) A description of the property with such certainty as to enable the possession thereof to be delivered if there is recovery.
105.015 Answer.
The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another, unless the same is pleaded in the answer. If pleaded, the nature and duration of the estate, license or right of possession shall be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, the defendant shall specify for what particular part the defendant does defend.
105.020 Substitution of landlord for tenant.
A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord and the place of residence of the landlord. Thereupon the landlord, if the landlord applies therefor, shall be made defendant in place of the tenant and the action shall proceed in all respects as if originally commenced against the landlord. If the landlord does not apply to be made defendant within the day the tenant is allowed to answer, the landlord shall not be allowed to, but shall be made defendant if the plaintiff requires it. If the landlord is made defendant on motion of the plaintiff the landlord shall be required to appear and answer within 10 days from notice of the pendency of the action and the order making the landlord defendant, or such further notice as the court or judge thereof may prescribe.
105.025 Verdict. The jury by their verdict shall find as follows:
(1) If the verdict is for the plaintiff, that the plaintiff is entitled to the possession of all or a part of the property described in the complaint, or that the plaintiff owns an undivided share or interest in all or a part of the property; including the nature and duration of the estate of the plaintiff in such property.
(2) If the verdict is for the defendant, that the plaintiff is not entitled to the possession of the property described in the complaint, or the part that the defendant defends, and the estate, license or right to possession in such property established on the trial by the defendant, if any, as the same is required to be pleaded.
105.030 Damages for withholding; setoff for improvements.
The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.
105.035 Judgment when plaintiff's right to possession expires.
If the right of the plaintiff to the possession of the property expires after the commencement of the action and before the trial, the verdict shall be given according to the fact and judgment shall be given only for the damages.
105.040 Order to make survey.
(1) The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof for the purposes of the action.
(2) The order shall describe the property. A copy of the order shall be served upon the defendant, and thereupon the party may enter upon the property, and make the survey and admeasurement. If any unnecessary injury is done to the premises, the applying party is liable therefor.
105.045 Action not prejudiced by alienation by person in possession.
An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such person, either before or after the commencement of the action. If the alienation is made after the commencement of the action, and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.
105.050 Cotenant shall prove ouster.
In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of right of possession, that the defendant either denied the plaintiff's right or did some act amounting to a denial.
105.055 Conclusiveness of judgment.
(1) Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the judgment is given, and against all persons claiming from, through or under such party, after the commencement of the action.
(2) When service of the summons is made by publication and judgment is given for want of an answer, at any time within two years from the entry thereof the defendant or the successor in interest of the defendant as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order vacating the judgment and granting the defendant a new trial upon the payment of the costs of the action.
(3) In an action against a tenant the judgment is conclusive against a landlord, who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against the landlord.
105.060 Effect of new trial on plaintiff's possession.
If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS 105.055 (2), the possession is not thereby affected in any way. If judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution in the same manner as if the defendant were plaintiff.
105.070 Rights of donee under Donation Law.
In an action at law for the recovery of the possession of real property, if either party claims the property as a donee of the United States under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, such party from the date of settlement of the party on the property, as provided in said Acts, is deemed to have a legal estate in fee in the property. The estate shall continue upon the condition that the party performs the conditions required by such Acts, and is unconditional and indefeasible after the performance of such condition. If both plaintiff and defendant claim title to the same real property by virtue of settlement under such Acts, the settlement and the performance of the subsequent conditions shall be conclusively presumed in favor of the party having, or claiming under, the elder patent certificate or patent, unless it appears upon the face of such certificate or patent that it is absolutely void.
105.075 Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer. In any action to recover the possession of real property, as provided for in ORS 105.005, notice to quit, when necessary, may be given as prescribed in ORS 91.050 to 91.110 and 105.120. Nothing in ORS 105.105 to 105.168 prevents such action from being maintained for the recovery of the possession of real property although the entry of the defendant is forcible or the holding is unlawful and with force as defined in ORS 105.105.
105.080 Reimbursement of tenants in common obtaining possession; lien.
In all cases where property in this state is or has been claimed or owned by residents of this state in common with others, and such residents have obtained or shall obtain the possession of the property at their own cost, expense or labor, they are entitled to reimbursement from the remaining claimant in common of the property, according to their proportionate interest therein. Residents so obtaining possession of such property have a lien upon it until the remaining claimant has paid or tendered such proportionate share of the reasonable costs, expenses or labor aforesaid.
105.105 Entry to be lawful and peaceable only.
No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.
105.110 Action for forcible entry or wrongful detainer.
Except as provided in ORS 46.060 (2), when a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force, the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the district court or before any justice of the peace of the county. Note: The amendments to 105.110 by section 68, chapter 658, Oregon Laws 1995, become operative January 15, 1998. See sections 129 and 150, chapter 658, Oregon Laws 1995. The text that is operative on and after January 15, 1998, is set forth for the user's convenience.
105.110. When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force, the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the circuit court or before any justice of the peace of the county.
105.112 Action by tenant to recover personal property; forms.
(1) A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter 90.
(2) An action under this section shall be governed by the provisions of ORS 105.105 to 105.168 except that:
(a) The complaint form shall be available from the circuit or district court clerk in substantially the following form:
IN THE _________ COURT FOR
THE COUNTY OF ____________
)
Plaintiff(s), )
)
vs. ) No.____
)
(Landlord), )
)
Defendant(s). )
COMPLAINT FOR RETURN OF PERSONAL PROPERTY
I
Defendant(s) (is) (are) in possession of the following personal property
belonging to the plaintiff(s):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
__ See attached list.
II
Defendant(s) took the personal property alleged in paragraph I from
premises rented by plaintiff(s) from defendant(s) at:
______________(street and number)
______________(city)
______________(county)
III
Plaintiff(s) (is) (are) entitled to possession of the personal property
because:
______ Defendant(s) took the personal property wrongfully because
plaintiff(s) had not abandoned the property, and because either there was
no court order awarding defendant(s) possession of the premises or the
plaintiff(s) (was) (were) not continuously absent from the premises for
seven days after such an order when defendant(s) removed the personal
property.
______ Defendant(s) lawfully took possession of the personal property
after enforcement of a court order for possession of the premises, but
refused to return the personal property to plaintiff(s) without payment
although plaintiff(s) demanded return of the property within 15 days of any
written notice from the landlord that the property had been taken or within
15 days of the plaintiff's written response to such a notice.
______ Defendant(s) lawfully took possession of the personal property,
but refused to return the personal property to plaintiff(s) although
plaintiff(s) offered payment of all sums due for storage and any costs of
removal of the personal property and demanded return of the property
within 15 days of any written notice from the landlord that the property had
been taken or within 15 days of the plaintiff's written response to such a
notice.
______ Other: ______________
______________________________________________________________________
______________________________________________________________________
Wherefore, plaintiff(s) pray(s) for possession of the personal property and
costs and disbursements incurred herein.
_________ _____________
Date Signature of Plaintiff(s)
(b) The complaint shall be verified by a plaintiff or an agent of the plaintiff.
(c) The answer form shall be available from the circuit or district court clerk in substantially the following form:
IN THE _________ COURT FOR
THE COUNTY OF ____________
(Tenant), )
)
Plaintiff(s), )
)
vs. ) No.____
)
(Landlord), )
)
Defendant(s). )
ANSWER
I (we) deny that the plaintiff(s) is (are) entitled to possession of the
personal property subject of the complaint because:
______ The defendant(s) did not take and do not have possession of any
of the property listed in the complaint.
______ The defendant(s) took possession of the personal property as
provided in ORS 90.425 after giving written notice that it was considered
abandoned, and the plaintiff(s) did not make a timely demand for return of
the property.
______ The defendant(s) took possession of the personal property as
provided in ORS 90.425 after giving written notice that it was considered
abandoned, but not after a sheriff's enforcement of an eviction judgment
against the plaintiff(s) as provided in ORS 105.165, and the plaintiff(s)
refused to pay charges lawfully due for storage.
______ Other:____________________
______________________________________________________________________
______________________________________________________________________
I (we) ask that the plaintiff(s) take nothing by the complaint and that I
(we) be awarded my (our) costs and disbursements.
_________ _____________
Date Signature of defendant(s)
(d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the personal property listed in the complaint.
(e) No claim for damages shall be asserted by either party in the action for possession of the personal property under this section, but each party may pursue any claim for damages in a separate action.
(f) A party may join an action for possession of personal property with an action for damages or a claim for other relief, but the proceeding shall not be governed by the provisions of ORS 105.105 to 105.168.
(g) If the court determines that the plaintiff is entitled to possession of the personal property subject of the complaint, the court shall enter an order directing the sheriff to seize the personal property to which the court finds the plaintiff entitled, and to deliver that property to the plaintiff. The court may provide that the defendant have a period of time to deliver the property to the plaintiff voluntarily before execution. The costs of execution may be recovered in the manner provided in ORS 29.367.
(h) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS 90.255. <1989 c.506 s22; 1991 c.67 s21>
105.115 Causes of unlawful holding by force.
(1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after it is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days.
(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement.
(2) In the case of a dwelling unit to which ORS chapter 90 applies, the following are causes of unlawful holding by force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 72 hours or 144 hours, as the case may be, of the notice required by ORS 90.400 (2).
(b) When a rental agreement by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month or from week to week and remains in possession after a valid notice to quit as provided in ORS 105.120 (2), or is holding contrary to any valid condition or covenant of the rental agreement or ORS chapter 90.
(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as provided by ORS 90.385 and 90.765.
105.120 Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent.
(1) Except as provided in subsection (2) of this section, an action for the recovery of the possession of the premises may be maintained in cases provided in ORS 105.115 (1)(b), when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.110 and for the period prescribed by ORS 91.060 to 91.080 before the commencement of the action, unless the leasing or occupation is for the purpose of farming or agriculture, in which case such notice must be served for a period of 90 days before the commencement of the action. Any person entering into the possession of real estate under written lease as the tenant of another may, by the terms of the lease, waive the giving of any notice required by this subsection.
(2) An action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies may be maintained in cases provided in ORS 105.115 (2) when the notice to terminate the tenancy or to quit has been served by the tenant upon the landlord or by the landlord upon the tenant or person in possession in the manner prescribed by ORS 90.155.
(3) The service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person in possession for the possession of premises before the expiration of any period for which the tenant or person has paid the rent of the premises in advance except when:
(a) The only prepaid rent paid by the tenant was collected as a security deposit for the last month's rent at the beginning of the tenancy;
(b) A 24-hour notice is given under ORS 90.400 (3);
(c) A notice for a pet violation is given under ORS 90.405; or
(d) The only unused rent was paid by the tenant for a rental period extending beyond a termination date specified in a valid and outstanding notice to terminate the tenancy, and the landlord refunded the unused rent within four days from receipt of the rent by delivering it to the tenant or by mailing it by first class mail.
105.125 Complaint.
(1) In an action pursuant to ORS 105.110 it is sufficient to state in the complaint:
(a) A description of the premises with convenient certainty;
(b) That the defendant is in possession of the premises;
(c) That the defendant entered upon the premises with force or unlawfully holds the premises with force; and
(d) That the plaintiff is entitled to the possession of the premises.
(2) The plaintiff may include, at the plaintiff's option, the defendant's social security number in the complaint, for the purpose of accuracy in tenant screening information. Nothing in this subsection shall be construed to require a tenant to have a social security number in order to enter into a rental agreement.
(3) In the case of a dwelling unit to which ORS chapter 90 applies:
(a) The complaint form shall be available from the circuit or district court clerk in substantially the following form:
IN THE _________ COURT
FOR THE COUNTY OF
_________
No. _____
(Landlord), Plaintiff(s),
vs.
(Tenant), Defendant(s).
Defendant's Social Security Number ______ (Optional, not required,
information for purposes of identification only.)
COMPLAINT (Forcible Entry and
Unlawful Detainer)
I
Defendant(s) (is) (are) in possession of the following premises:
_________
_________ (city)
_________ (county)
II
Defendant(s) (entered upon the premises with force) (are/is unlawfully
holding the premises with force).
III
Plaintiff(s) (is) (are) entitled to possession of the premises, because:
_____ 24-hour notice (personal injury)
_____ 24-hour notice (substantial damage)
_____ 48-hour or 24-hour notice (drug or alcohol program of recovery
violation)
_____ 24-hour notice (extremely outrageous act)
_____ 24-hour notice (unlawful occupant)
_____ 24-hour notice (employee termination)
_____ 72-hour notice (nonpayment of rent)
_____ 144-hour notice (nonpayment of rent)
_____ 10-day or 20-day notice (repeat violation)
_____ 10-day notice (pet violation)
_____ 7-day notice (week-to-week tenancy-cause)
_____ 10-day notice (week-to-week tenancy)
_____ 30-day notice (month-to-month tenancy)
_____ 30-day notice (cause)
_____ Other notice
_____ No notice
ATTACH A COPY OF THE NOTICE RELIED ON TO THE
COMPLAINT
Wherefore, plaintiff(s) (prays) (pray) for possession of the premises and
costs and disbursements incurred herein.
_________
Plaintiff(s).
(b) The complaint shall be verified by the plaintiff or the agent of the plaintiff.
105.130 How action conducted; fees.
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.154, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of $22;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this section, if the defendant demands a trial, the plaintiff shall pay the difference between the filing fee paid under subsection (2) of this section and the fee required of a plaintiff in a district court action and the defendant shall pay the fee required of a defendant in a district court action.
(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff. (5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted. Note: The amendments to 105.130 by section 69, chapter 658, Oregon Laws 1995, become operative January 15, 1998. See sections 129 and 150, chapter 658, Oregon Laws 1995. The text that is operative on and after January 15, 1998, is set forth for the user's convenience.
105.130.
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.154, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of $22;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this section, if the defendant demands a trial, the plaintiff shall pay the difference between the filing fee paid under subsection (2) of this section and the fee required of a plaintiff in a circuit court action and the defendant shall pay the fee required of a defendant in a circuit court action.
(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.
105.132 Assertion of counterclaim. No person named as a defendant in an action brought under ORS 105.105 to 105.168 may assert a counterclaim unless the right to do so is otherwise provided by statute. <1985 c.244 s2>
105.135 Service and return of summons; posting; contents.
(1) Except as provided in this section, the summons shall be served and returned as in other actions.
(2) At the time the clerk collects the filing fee under ORS 105.130, the clerk shall enter the first appearance date on the summons. That date shall be seven days after the judicial day next following payment of filing fees unless no judge is available for first appearance at that time, in which case the clerk may extend the first appearance date for up to seven additional days. At the request of the plaintiff, the clerk may enter a date more than seven days after the judicial day next following payment of filing fees if a judge will be available.
(3) Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees:
(a) The clerk shall mail a true copy of the summons and complaint by first class mail to the defendant at the premises.
(b) The process server shall serve the defendant with a true copy of the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching a true copy of the summons and complaint in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.
(4) The process server shall indicate by affidavit upon the return the manner in which service was accomplished.
(5) In the case of premises to which ORS chapter 90 applies, the summons shall inform the defendant of the procedures, rights and responsibilities of the parties as specified in ORS 105.137.
105.137 Effect of failure of party to appear; appearance by attorney; scheduling of trial; unrepresented defendant. In the case of a dwelling unit to which ORS chapter 90 applies:
(1) If the plaintiff appears and the defendant fails to appear at the first appearance, a default judgment shall be entered against the defendant in favor of the plaintiff for possession of the premises and costs and disbursements.
(2) If the defendant appears and the plaintiff fails to appear at the first appearance, an order shall be entered dismissing the complaint and awarding costs and disbursements against the plaintiff in favor of the defendant.
(3) An attorney at law shall be entitled to appear on behalf of any party, but no attorney fees may be awarded if the defendant does not contest the action.
(4) The plaintiff or an agent of the plaintiff may obtain a continuance of the action for as long as the plaintiff or the agent of the plaintiff deems necessary to obtain the services of an attorney at law.
(5) If both parties appear in court on the date contained in the summons, the court shall set the matter for trial as soon as practicable, unless the court is advised by the parties that the matter has been settled. The trial shall be scheduled no later than 15 days from the date of such appearance. If the matter is not tried within the 15-day period, and the delay in trial is not attributable to the landlord, the court shall order the defendant to pay rent that is accruing into court, provided the court finds after hearing that entry of such an order is just and equitable.
(6)
(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing on a form which shall be available from the court clerk, and to serve a copy upon the plaintiff on the same day as first appearance.
(b) The answer shall be in substantially the following form:
IN THE _________ COURT FOR
THE COUNTY OF ____________
(Landlord), )
)
Plaintiff(s), )
)
vs. ) No.____
)
(Tenant), )
)
Defendant(s). )
ANSWER
I (we) deny that the plaintiff(s) is (are) entitled to possession because:
__ The landlord did not make repairs.
List any repair problems: _________
_______________________
_______________________
__ The landlord is attempting to evict me (us) because of my (our)
complaints (or the eviction is otherwise retaliatory).
__ The eviction notice is wrong.
__ List any other defenses: _________
_______________________
_______________________
_______________________
_______________________
I (we) ask that the plaintiff(s) take nothing by the complaint and that I
(we) be awarded my (our) costs and disbursements.
_________ _____________
Date Signature of defendant(s)
(7) If an unrepresented defendant files an answer as provided in subsection (6) of this section, the answer shall not limit the defenses available to the defendant at trial under ORS chapter 90. If such a defendant seeks to assert at trial a defense not fairly raised by the answer, the plaintiff shall be entitled to a reasonable continuance for the purposes of preparing to meet the defense. <1975 c.256 s13; 1979 c.765 s5; 1979 c.854 s3; 1981 c.753 s 12; 1989 c.506 s19>
105.138 Compelling arbitration; procedure.
(1) Notwithstanding ORS 105.137 (5), if a party to an action to which ORS 90.505 to 90.840 apply moves for an order compelling arbitration and abating the proceedings, the court shall summarily determine whether the controversy between the parties is subject to an arbitration agreement enforceable under section ORS 90.610 (1) and, if so, shall issue an order compelling the parties to submit to arbitration in accordance with the agreement and abating the action for not more than 30 days, unless the parties agree to an order of abatement for a longer period acceptable to the court.
(2) If the court issues an order compelling arbitration under subsection (1) of this section, the court shall not order the payment of rent into court pending the arbitration unless the court finds such an order is necessary to protect the rights of the parties. <1989 c.918 s7; 1991 c.844 s20; 1995 c.559 s46>
105.139 Burden of proof in certain cases. If a landlord brings an action for possession under ORS 90.400 (3)(d) and the person in possession contends that the tenant has not vacated the premises, the burden of proof shall be on the defendant as to that issue. <1983 c.303 s3; 1993 c.369 s34>
105.140 Continuance. No continuance shall be granted to a defendant for a longer period than two days unless:
(1) The defendant gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant; or
(2) In an action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies, the court orders a defendant to pay rent into court as it becomes due from the commencement of the action until final judgment in the action. If a defendant fails to pay rent into court as ordered under this subsection, the action shall be tried forthwith.
105.145 Judgment on trial by court. If an action is tried by the court without a jury, and after hearing the evidence it concludes that the complaint is not true, it shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, it shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable.
105.154 Enforcement of judgment for restitution; forms; notice of restitution; writ of execution of judgment of restitution; eviction trespass notice.
(1) If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff shall enforce that judgment in the following manner:
(a) Issuance by the clerk of the court and service upon the defendant of a notice of restitution, which shall give the defendant three days to move out of the premises, including removal of all personal property; and
(b) After the expiration of the three-day period provided in the notice of restitution, issuance by the clerk of the court and service upon the defendant of a writ of execution of judgment of restitution, which shall direct the sheriff to enforce the judgment by removing the defendant and the defendant's personal property and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.
(2) The notice of restitution referred to in subsection (1) of this section shall be in substantially the following form:
NOTICE OF RESTITUTION
TO: ______________
(Defendant-Tenant)
Case Number ______________
In the case of ______________ vs. ______________, the District or
Justice Court for ______________ County ordered you to move out of the
premises at:
__________________________
__________________________
__________________________
by ______________, 19____. The plaintiff-landlord is now entitled to
possession of these premises.
YOU ARE ORDERED TO VACATE THE PREMISES NO LATER
THAN ____.M.,
_________, 19____. IF YOU DO NOT VACATE THE PREMISES AND
MOVE YOUR PERSONAL PROPERTY BY THAT TIME, THE
SHERIFF WILL PHYSICALLY REMOVE YOU, AND YOUR
PROPERTY LEFT ON THE PREMISES WILL BE STORED AS
PROVIDED BY LAW. CONTACT THE PLAINTIFF-LANDLORD FOR
FURTHER INFORMATION.
Posted at ____.M., _________, 19____.
______________
Deputy Court Administrator
(3) The writ of execution of judgment of restitution referred to in subsection (1) of this section shall be in substantially the following form: subsection (1) of this section shall be in substantially the following form:
) ss. EXECUTION OF
) JUDGMENT OF
) RESTITUTION
County of _____ )
To the Sheriff:
This was a forcible entry and detainer action for possession of the
following premises:
______________
______________ (city)
______________ (county)
Judgment was rendered on _________ (date) that the plaintiff have
restitution of the premises on or after _________ (date), and also that the
plaintiff recover costs and disbursements in the sum of $______.
In the name of the State of Oregon, you are ordered to enforce and serve
this writ on the defendant, in the manner provided in ORS 105.154 (8),
after the three-day period provided in the notice of restitution.
If the defendant, and the goods, motor vehicles and other personal
property belonging to the defendant, are not removed by the end of three
days, and if the plaintiff has paid all fees for enforcement of this execution,
you shall immediately make legal service of this writ and an eviction
trespass notice on the defendant and deliver possession of the premises to
the plaintiff. You shall remove the defendant from the premises. Unless the
premises are subject to ORS 105.165, and the plaintiff elects to remove the
defendant's personal property under that section, you shall also remove the
goods, motor vehicles and other personal property belonging to the
defendant to a safe place for storage, levy on this property, pay the costs
and disbursements awarded to the plaintiff, as well as all accruing costs,
and make due return of this writ.
DATED this ____ day of ______, 19____.
__________________________
Deputy Court Administrator
__________________________
Plaintiff
__________________________
Address
__________________________
City/State/Zip
(4) The eviction trespass notice referred to in subsection (1) of this section shall be in substantially the following form:
EVICTION TRESPASS NOTICE
Occupants of these premises located at:
______________
______________
______________
have been evicted by an order of the court in ___________ vs.
___________, Case Number _________.
Trespassing or entering into or upon these premises without written
consent of the landlord will result in arrest and prosecution.
Any personal property present on these premises at the time this notice
was served, (date) ______________,
__ is in the possession of the landlord and may be redeemed by contacting
the landlord at:
_____________________
_____________________
_____________________
__ is in possession of the sheriff. Contact the sheriff for further
information. DATED______________
(5) The sheriff or a process server shall serve the notice of restitution, in the manner provided by this subsection. Notwithstanding ORCP 10, by the end of the next judicial day following the payment of fees:
(a) The sheriff or process server shall mail a copy of the notice of restitution by first class mail to the defendant at the premises; and
(b) The sheriff or process server shall serve the notice of restitution at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching a copy of the notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.
(6) If service of the notice of restitution is made by a process server, by the end of the next judicial day following service, the process server shall file with the clerk an affidavit indicating the manner in which service was accomplished and the date and time of service.
(7) Notwithstanding ORCP 10, the three-day period specified in subsection (1) of this section shall commence on the day following mailing and service pursuant to subsection (5) of this section and shall end on the third calendar day following such mailing and service unless the third day is a Saturday, Sunday or legal holiday, in which case the period shall end on the next judicial day.
(8) Only the sheriff shall enforce and serve a writ of execution of judgment of restitution. Upon the expiration of the three-day period specified in subsection (1) of this section and if the plaintiff has paid the fees for enforcement of the writ, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows:
(a) The sheriff shall mail a copy of the writ and the trespass notice by first class mail to the defendant at the premises; and
(b) The sheriff shall serve the writ and the trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession. The sheriff shall at that time return possession of the premises to the plaintiff.
(9) At the plaintiff's request, the sheriff shall delay enforcement and service of the writ for up to but no more than 30 days, after which the writ expires.
(10) Unless the judgment otherwise provides, a writ of execution of judgment of restitution shall not issue more than 60 days after the judgment is entered or after any date for possession as specified in the judgment, whichever is later.
(11) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period after that judgment was entered.
(12) For purposes of this section, "process server" means any competent person 18 years of age or older who:
(a) Is a resident of the State of Oregon;
(b) Is not the plaintiff, a relative of the plaintiff or an agent of the plaintiff for purposes of management of the premises;
(c) Is a person regularly employed in the business of serving process; and
(d) Charges a fee no greater than that set by ORS 21.410 (1)(b) for service of the notice of restitution.
105.165 Alternative method of removing, storing and disposing of tenant's personal property; requirements; landlord liability.
(1) In the case of a dwelling unit to which ORS chapter 90 applies, the landlord may elect to remove, store and dispose of the tenant's goods, chattels, motor vehicles and other personal property upon restitution of the premises pursuant to ORS 105.154, provided:
(a) The sheriff shall first serve the notice of restitution and shall thereafter deliver possession of the premises to the landlord, as provided in ORS 105.154.
(b) The landlord shall notify the tenant and shall store and dispose of the goods, chattels, motor vehicles and other personal property of the tenant pursuant to ORS 90.425, except that if the tenant claims that property within the time provided in ORS 90.425, the landlord must make that property available for removal by the tenant by appointment at reasonable times and without the payment of any costs, charges or other sums, and the notice to the tenant shall so state.
(2) Any cost incurred by the landlord for execution pursuant to ORS 105.154 or for removal, storage or sale of the tenant's property under this section and not recovered pursuant to ORS 90.425 (9) shall be added to the judgment.
(3) If the landlord fails to permit the tenant to recover possession of the tenant's personal property under subsection (1)(b) of this section, the tenant may recover, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. <1981 c.753 s9; 1989 c.506 s23; 1989 c.910 s5; 1993 c.369 s 18; 1995 c.559 s51>
105.168 Minor as party in proceedings pertaining to residential dwellings.
Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.105 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. <1993 c.369 s31> |