Oregon Law
Law as of Jan 1, 2024
Chapter contents
105.005Right of action; recovery; damages 105.010Contents of complaint 105.015Answer 105.020Substitution of landlord for tenant 105.025Verdict 105.030Damages for withholding; setoff for improvements 105.035Judgment when plaintiff’s right to possession expires 105.040Order to make survey 105.045Action not prejudiced by alienation by person in possession 105.050Cotenant shall prove ouster 105.055Conclusiveness of judgment 105.060Effect of new trial on plaintiff’s possession 105.065[Repealed by 1969 c.591 §305] 105.070Rights of donee under Donation Law 105.075Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer 105.080Reimbursement of tenants in common obtaining possession; lien 105.100Definition of “attorney” 105.105Entry to be lawful and peaceable only 105.110Action for forcible entry or wrongful detainer 105.111Stay of eviction for state service member 105.112Action by tenant to recover personal property; forms 105.113Form of summons 105.115Causes of unlawful holding by force; action for return of possession 105.117[2009 c.569 §1; renumbered 91.122 in 2011] 105.120Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent 105.121Forms in action for possession of group recovery home; limitation on issues; attorney fees 105.123Complaint 105.124Form of complaint if ORS chapter 90 applies 105.125[Amended by 1975 c.256 §9; 1981 c.753 §7; 1993 c.369 §16; 1995 c.559 §47; 1997 c.577 §32; repealed by 2001 c.596 §3 (105.123, 105.124 and 105.126 enacted in lieu of 105.125)] 105.126Form of complaint if ORS chapter 90 does not apply 105.128Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim 105.130How action conducted; fees 105.132Assertion of counterclaim 105.135Service and return of summons; posting; contents; use of facsimile 105.136Form of notice to tenants regarding rental and eviction assistance 105.137Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant 105.138Compelling arbitration; procedure 105.139Burden of proof in certain cases 105.140Continuance 105.145Judgment on trial by court; duties of parties to stipulated agreement 105.146Failure of defendant to perform as ordered; judgment of restitution 105.147[1999 c.603 §4; repealed by 2001 c.596 §9 (105.146, 105.148 and 105.149 enacted in lieu of 105.147)] 105.148Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution 105.149Hearing on compliance with order 105.150[Repealed by 1989 c.506 §20] 105.151Enforcement of judgment of restitution; notice of restitution 105.152Form of notice of restitution for judgment entered under ORS 105.146 105.153Form of notice of restitution for judgment not entered under ORS 105.146 105.154[1995 c.559 §50 (enacted in lieu of 105.155); 1995 c.658 §70a; 1997 c.577 §§36,37; 1999 c.603 §37; repealed by 2001 c.596 §13 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154)] 105.155[Amended by 1979 c.765 §6; 1985 c.588 §15; 1993 c.369 §27; repealed by 1995 c.559 §49 (105.154 enacted in lieu of 105.155)] 105.156Form of writ of execution for judgment of restitution 105.157Form of eviction trespass notice 105.158Service of notice of restitution 105.159Computation of time before plaintiff may request writ of execution 105.160[Repealed by 1977 c.365 §3 and 1977 c.416 §5] 105.161Service and enforcement of writ of execution and eviction trespass notice 105.163Setting aside judgment upon motion of tenant 105.164Setting aside old judgments by courts 105.165Alternative method of removing, storing and disposing of tenant’s personal property; requirements; landlord liability 105.168Minor as party in proceedings pertaining to residential dwellings 105.170Definitions for ORS 105.170 to 105.185 105.175Easement to be kept in repair; sharing costs; agreements 105.180Action for failure to comply with duty of holder; recovery of costs; arbitration 105.185Application of ORS 105.170 to 105.185 105.190Covenant of good faith and fair dealing; rights and obligations of parties 105.200Request for itemized statement 105.205Who may maintain partition 105.210When and how partition prevented 105.215Complaint 105.220Tenants and lien creditors as defendants; liens on undivided interests 105.225Summons; to whom directed 105.230Service by publication 105.235Answer 105.240Rights determinable; ascertainment of title where defendant defaults or sale is necessary 105.245Sale or partition ordered by court 105.250Compensation when partition cannot be made without prejudice to party’s interest 105.255How referees make partition; report 105.260Power of court over report; final judgment 105.265Persons not affected by judgment 105.270Order of sale on referees’ report 105.275Conclusiveness of order confirming report 105.280How sale made; notice of sale 105.285Distribution of proceeds of sale 105.290Distribution of proceeds by referee or payment into court 105.295Continuance of suit after proceeds paid into court 105.300When lienholder has other securities 105.305Credit allowed 105.310Setting off estate for life or years in part not sold 105.315Disposition of life estate or leasehold 105.320Compensation of tenants in case of sale 105.325When court determines value of tenancy 105.330Rules for determining value of certain estates 105.335Protection of unknown tenants 105.340Provision for future rights or interests 105.345Notice of terms of sale; separate sale of distinct parcels 105.350Purchase by referee, conservator or guardian forbidden 105.355Report of sale 105.360Exception to report; confirmation of sale; order of confirmation 105.365Purchase by encumbrancer or party entitled to share 105.370Investment of proceeds for certain parties 105.375In whose name securities taken or investments made 105.380When securities are payable to parties 105.385Clerk’s treatment of securities and investments 105.390When proceeds paid to conservator or guardian of infant 105.395Payment of proceeds to conservator of incapacitated person 105.400When conservator or guardian may consent to partition 105.405Costs and expenses of partition 105.420Findings; policy 105.425Definitions for ORS 105.420 to 105.455 105.430Receivership for buildings that constitute threat to public health, safety or welfare; procedure 105.435Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law 105.440Report of abatement expenditures; court approval; lien 105.445Effect on purchase money security interest of lien for unpaid abatement expenses 105.450Termination of receivership 105.452Applicability of Oregon Receivership Code 105.455Short title 105.462Definitions for ORS 105.462 to 105.490 105.463Preemptive effect of ORS 105.464 105.464Form of seller’s property disclosure statement 105.465Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement 105.470Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870 105.475Buyer’s statement of revocation of offer; criteria 105.480Representations in disclosure statement; application 105.485Allocation of burden of proof 105.490Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies 105.505Remedies available for private nuisance 105.510Procedure for abating a nuisance 105.515Stay of issuance of warrant to abate 105.520Justification of sureties; proceedings when nuisance is not abated 105.525[Repealed by 1969 c.509 §8] 105.530[Repealed by 1969 c.509 §8] 105.550Definitions for ORS 105.550 to 105.600 105.555Places declared nuisances subject to abatement 105.560Action to restrain or enjoin nuisance; jurisdiction; remedies 105.565Complaint; service; jury trial; admissibility of reputation as evidence 105.570[Formerly 465.140; repealed by 1999 c.168 §12] 105.575Precedence of action on court docket 105.580Order of abatement; cancellation 105.585Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency 105.590Penalty for intentional violation of restraining order 105.595Action to abate nuisance not to affect other remedies; exception 105.597Places declared nuisances per se 105.600ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities 105.605Suits to determine adverse claims 105.610Suit to cancel patent of donee under Donation Law 105.615Action by tenant in common against cotenants 105.618Adverse possession of railroad property 105.620Acquiring title by adverse possession 105.623Short title 105.624Definitions for ORS 105.623 to 105.649 105.625[1975 c.622 §8; repealed by 2001 c.245 §19] 105.626Scope 105.627[1975 c.622 §1; 1981 c.56 §1; repealed by 2001 c.245 §19] 105.628Effect on other law 105.629Power to disclaim; general requirements; when irrevocable 105.630[1975 c.622 §2; 1981 c.56 §2; 1983 c.740 §10; 1997 c.813 §1; repealed by 2001 c.245 §19] 105.632[1975 c.622 §3; 1981 c.56 §3; 1997 c.813 §2; repealed by 2001 c.245 §19] 105.633Disclaimer of interest in property 105.634Disclaimer of rights of survivorship in jointly held property 105.635[1975 c.622 §4; 1981 c.56 §4; repealed by 2001 c.245 §19] 105.636Disclaimer of interest by trustee 105.637[1975 c.622 §5; repealed by 2001 c.245 §19] 105.638Disclaimer of power of appointment or other power not held in fiduciary capacity 105.639Disclaimer by appointee, object or taker in default of exercise of power of appointment 105.640[1975 c.622 §7; repealed by 2001 c.245 §19] 105.641Disclaimer of power held in fiduciary capacity 105.642Delivery or filing 105.643When disclaimer barred or limited 105.645Tax qualified disclaimer 105.646Recording of disclaimer 105.647Application to existing relationships 105.648Effect on recovery of money or property under ORS 411.620 105.649Uniformity of application and construction 105.655[1971 c.780 §1; 1973 c.732 §4; 1979 c.258 §1; 1983 c.775 §1; 1991 c.968 §6; repealed by 1995 c.456 §9] 105.660[1971 c.780 §2; 1973 c.732 §3; repealed by 1995 c.456 §9] 105.665[1971 c.780 §3; repealed by 1995 c.456 §9] 105.668Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way 105.670[1971 c.780 §4; repealed by 1995 c.456 §9] 105.672Definitions for ORS 105.672 to 105.696 105.675[1971 c.780 §5; 1987 c.708 §4; repealed by 1995 c.456 §9] 105.676Public policy 105.677[1973 c.732 §2; repealed by 1995 c.456 §9] 105.680[1971 c.780 §6; repealed by 1995 c.456 §9] 105.682Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products 105.685[1979 c.434 §1; 1985 c.375 §1; repealed by 1995 c.456 §9] 105.687[1979 c.434 §2; repealed by 1995 c.456 §9] 105.688Applicability of immunities from liability for owner of land; restrictions 105.689[1979 c.434 §3; repealed by 1995 c.456 §9] 105.691[1979 c.434 §4; repealed by 1995 c.456 §9] 105.692Right to continued use of land following permitted use; presumption of dedication or other rights 105.693[1979 c.434 §5; repealed by 1995 c.456 §9] 105.695[1979 c.434 §6; repealed by 1995 c.456 §9] 105.696Duty of care or liability not created; exercise of care required of person using land 105.697[1979 c.434 §7; repealed by 1995 c.456 §9] 105.699Rules applicable to state lands 105.700Prohibiting public access to private land; notice requirements; damages 105.705Right to bring action; filing of judgment 105.710Pleadings 105.715Mode of proceeding 105.718Procedure for determining location of public land survey corner 105.720Oath and report of commissioners 105.725Proceedings on motion to confirm report 105.755State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation 105.760State or county liability for damages resulting from change of grade of streets; proceedings on cause of action 105.770Failure of contingency; application of extinguishment 105.772Preservation of future interests; filing of notice of intent required; limitation 105.774Exclusions from application of ORS 105.770 and 105.772 105.780Notice of substantial damage from flooding to residential structures 105.805Action for waste 105.810Treble damages for injury to or removal of produce, trees or shrubs; costs and attorney fees; limitation on liability of contract logger 105.815When double damages are awarded for trespass; exception 105.820Remedy of tenants in common 105.825Action for injury to inheritance 105.830[1981 c.841 §1; repealed by 1989 c.693 §21] 105.831Damages for injury to mining claim 105.834Owner’s immunity from liability for theft of metal property 105.835[1981 c.841 §2; repealed by 1989 c.693 §21] 105.836Definitions for ORS 105.836 to 105.842 and 476.725 105.838Carbon monoxide alarm in dwelling 105.840Action by purchaser for failure of seller to install carbon monoxide alarm 105.842Tampering with carbon monoxide alarm 105.844Short title 105.848Radon information for potential buyers of one and two family dwellings 105.850“Commercial property” defined for ORS 105.850 to 105.870 105.855Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property 105.860Cause of action against city for compensation; appeal procedure; intervention 105.865Apportioning compensation among property owners; termination of city liability 105.870Limitation on commencement of action 105.880Conveyance prohibiting use of solar energy systems void 105.885Definitions for ORS 105.885 to 105.895 105.890Solar energy easement appurtenant; termination 105.895Requirements for easement creation by instrument; recordation 105.900“Wind energy easement” defined for ORS 105.905 and 105.910 105.905Wind energy easement appurtenant; termination 105.910Requirements for easement creation by instrument; recordation 105.915Recording instrument creating lease or lease option of real property for wind energy conversion system; requirements 105.920Joint tenancy in personal property; creation 105.925Definitions for ORS 105.925 to 105.945 105.928Ownership of recorded data 105.932Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions 105.935Court order for retrieval or use of data by law enforcement officers or certain emergency service providers 105.938Court order for retrieval or use of data by insurer 105.942Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair 105.945Exempted data 105.950Statutory rule against perpetuities 105.955When nonvested property interest or power of appointment created 105.960Reformation 105.965Exclusions from statutory rule against perpetuities 105.970Prospective application 105.975Short title; application and construction; supersession and repeal of common law 105.980Xeriscaping

Chapter 105 — Property Rights

ORS 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 105.100 to 105.168 except that:

(a)

The complaint shall be in substantially the following form and shall be available from the court clerk: __________________________________________

IN THE COURT FOR

THE COUNTY OF

(Tenant)

, ) 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 pursuant to ORS 105.165, but refused to return the personal property to plaintiff(s) without payment although plaintiff(s) demanded return of the property within the time provided by ORS 90.425 or 90.675.

Defendant(s) lawfully took possession of the personal property pursuant to ORS 105.161, 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 the time provided by ORS 90.425 or 90.675. 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 signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 or verified by an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(c)

The answer shall be in substantially the following form and shall be available from the court clerk: __________________________________________

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 or 90.675 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 or 90.675 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 is not governed by the provisions of ORS 105.100 to 105.168.

(g)

If the court determines that the plaintiff is entitled to possession of the personal property that is the 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 18.999.

(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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.