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.
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 […]
(1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days. (2) In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant […]
(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 shall be in substantially the following form […]
(1) Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 applies, the summons must be in substantially the following form and be available from the court clerk: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ No. _____ SUMMONS RESIDENTIAL EVICTION PLAINTIFF (Landlord or agent): ___________________________ ___________________________ vs. DEFENDANT (Tenants/Occupants): […]
(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, 105.123 and 105.126: (a) When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due […]
[2009 c.569 §1; renumbered 91.122 in 2011]
(1) As used in this section, “rent” does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f). (2) Except as provided in subsection (3) 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 […]
(1) A former tenant removed from a group recovery home under ORS 90.440 may bring an action for injunctive relief to recover possession if the removal was wrongful or in bad faith. (2) An action under this section shall be governed by the provisions of ORS 105.105 to 105.168 except that: (a) The complaint shall […]
In an action pursuant to ORS 105.110, it is sufficient to state in the complaint: (1) A description of the premises with convenient certainty; (2) That the defendant is in possession of the premises; (3) That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant entered upon […]
For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: (1) The complaint must be in substantially the following form and be available from the clerk of the court: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ No. _____ RESIDENTIAL EVICTION COMPLAINT PLAINTIFF (Landlord or agent): ___________________________ […]
For a complaint described in ORS 105.123, if ORS chapter 90 does not apply to the premises: (1) The complaint must be in substantially the following form and be available from the clerk of the court: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ EVICTION COMPLAINT No. _____ (Landlord), Plaintiff(s) vs. (Tenant), Defendant(s) […]
In an action for possession of a dwelling unit to which ORS chapter 90 applies: (1) If the defendant raises a defense under ORS 90.449 based upon the defendant’s status as a victim of domestic violence, sexual assault or stalking and the perpetrator is a tenant of the dwelling unit, the court may issue an […]
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, 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 […]
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 §2]
(1) Except as provided in this section, the summons shall be served and returned as in other actions. (2) 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 […]
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 in favor of the plaintiff for possession of the premises and costs and disbursements. (2) If the defendant appears and the […]
(1) Notwithstanding ORS 105.137 (6), if a party to an action to which ORS 90.505 to 90.850 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 ORS 90.769 and, if so, shall issue an […]
If a landlord brings an action for possession under ORS 90.403 and the person in possession contends that the tenant has not vacated the premises, the burden of proof is on the defendant as to that issue. [1983 c.303 §3; 1993 c.369 §34; 2003 c.378 §21; 2005 c.22 §81; 2005 c.391 §30]
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 […]
