Right of action; recovery; damages.
(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 (1) to (3) or 105.815; or

(b) The value of the use or occupation of the land by the person throughout the vesting period.  Chap. 105, §105.005   [Amended by 1989 c.1069 s.2; 1991 c.109 s.1; 1999 c.544 s.3]

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.  Chap. 105, §105.010

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.  Chap. 105, §105.015

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. Chap. 105, §105.020

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.  Chap. 105, §105.025

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.  Chap 105, §105.030

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. Chap. 105, §105.035

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.  Chap. 105, §105.040

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.  Chap. 105, §105.045

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. [Amended by 1969 c.591 s.281]  Chap. 105, §105.050

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.  Chap. 105, §105.055

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.  Chap. 105, §105.060

105.065 [Repealed by 1969 c.591 s.305]

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.  Chap. 105, §105.070

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.  Chap. 105, §105.075

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.  Chap. 105, §105.080

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.  Chap. 105, §105.105

Action for forcible entry or wrongful detainer.
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. [Amended by 1985 c.241 s.1; 1995 c.658 s.68]  Chap. 105, §105.110

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 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 105.154, 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 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 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 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 s.22; 1991 c.67 s.21; 1997 c.577 s.30]  Chap. 105, §105.112

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. [Amended by 1973 c.559 s.34; 1977 c.365 s.1; 1981 c.753 s.5; 1995 c.559 s.45]  Chap. 105, §105.115

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 the 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 situations described 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) Except when a tenancy involves a dwelling unit subject to ORS chapter 90, 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.

(4) An action to recover possession of a dwelling unit subject to ORS chapter 90 may not be brought or filed against a tenant or person in possession based upon a notice under ORS 90.427 to terminate the tenancy until after the expiration of any period for which the tenant or person has paid the rent of the dwelling unit in advance, unless:

(a) The only other money paid by the tenant was collected as a last month's rent deposit as provided under ORS 90.300; or

(b) The only unused rent was paid by the tenant for a rental period extending beyond the termination date specified in a valid outstanding notice to terminate the tenancy and the landlord refunded the unused rent within six days after receipt by delivering the unused rent to the tenant in person or by first class mailing. Chap. 105, §105.120
[Amended by 1973 c.559 s.35; 1981 c.753 s.6; 1983 c.303 s.5; 1985 c.588 s.13; 1989 c.506 s.18; 1993 c.369 s.15; 1995 c.559 s.52; 1997 c.577 s.31; 1999 c.603 s.35; 1999 c.676 s.26]

Complaint; form.
(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 shall be in substantially the following form and shall be available from the court clerk:
___________________________________________________________________

            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-wee tenancy-cause)
____ 10-day notice (week-to-week tenancy)
____ 30-day notice (month-to-month tenancy)
____ 30-day notice (cause)
____ Other notice
____ No notice

Wherefore, plaintiff(s) (prays) (pray) for possession of the premises, costs and disbursements and attorney fees, if applicable, or a prevailing party fee.
_________
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. Chap. 105, §105.125
[Amended by 1975 c.256 s.9; 1981 c.753 s.7; 1993 c.369 s.16; 1995 c.559 s.47; 1997 c.577 s.32]

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:

(A) $14.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and

(B) $12 for any complaint filed on or after July 1, 2001;

(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 an additional filing fee of $26 and the defendant shall pay a filing fee of:

(a) $28.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and

(b) $26 for any complaint filed on or after July 1, 2001.

(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.

(6) In addition to the fees charged under subsection (2) of this section, the clerk shall collect a surcharge from the plaintiff at the time a complaint is filed that is subject to the filing fees established by subsection (2) of this section and from a defendant at the time a defendant demands a trial in the action. The surcharge shall be deposited by the State Court Administrator into the State Treasury to the credit of the Housing and Community Services Department Low Income Rental Housing Fund established by ORS 458.350. The amount of the surcharge shall be:

(a) $7.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and

(b) $10 for any complaint filed on or after July 1, 2001. Chap. 105, §105.130
[Amended by 1975 c.256 s.10; 1977 c.877 s.15; 1979 c.284 s.94; 1981 c.753 s.10; 1983 c.581 s.1; 1985 c.588 s.16; 1987 c.829 s.5; 1991 c.92 s.1; 1993 c.369 s.17; 1995 c.273 s.17; 1997 c.801 s.34]

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 s.2]  Chap. 105, §105.132

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 the manner in which service was accomplished by promptly filing with the clerk a certificate of service as provided by ORCP 7 F(2)(a).

(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. Chap. 105, §105.135
[Amended by 1975 c.256 s.11; 1977 c.327 s.1; 1979 c.854 s.2; 1981 c.753 s.11; 1983 c.303 s.6; 1983 c.581 s.3; 1985 c.588 s.14; 1995 c.559 s.48; 1997 c.577 s.33]

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) may be entitled as the prevailing party to recover attorney fees from plaintiff(s) if I (we) obtain legal services to defend this action pursuant to ORS 90.255. I (we) ask that the plaintiff(s) not be awarded possession of the premises and that I (we) be awarded my (our) costs and disbursements and attorney fees, if applicable, or a prevailing party fee.

______ ____________________
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.   Chap. 105, §105.137 [1975 c.256 s.13; 1979 c.765 s.5; 1979 c.854 s.3; 1981 c.753 s.12; 1989 c.506 s.19; 1997 c.577 s.34]

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.   Chap. 105, §105.138 [1989 c.918 s.7; 1991 c.844 s.20; 1995 c.559 s.46]

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.  Chap. 105, §105.139 [1983 c.303 s.3; 1993 c.369 s.34]

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. Chap. 105, §105.140 [Amended by 1973 c.559 s.36; 1977 c.365 s.2; 1979 c.854 s.4]

Judgment on trial by court; duties of parties to stipulated agreement.
(1) 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.

(2) If, as a result of a court-sponsored or other mediation or otherwise, the plaintiff and defendant agree, in the manner provided by ORCP 67 F for judgment by stipulation, that the defendant shall perform in a certain manner or that the plaintiff shall be paid moneys agreed to be owing by the defendant and that as a result of that performance or payment the defendant shall retain possession of the premises, including retention of possession contingent upon that performance or payment of moneys by the defendant by a certain date, the court may enter an order or judgment to that effect. In addition, if the plaintiff and defendant agree that the plaintiff shall perform in a certain manner or pay moneys to the defendant by a certain date, the court may enter an order or judgment to that effect.

(3) If, as provided by subsection (2) of this section, the parties enter an order or judgment by stipulation that requires the defendant to perform in a certain manner or make a payment by a certain date and the defendant later demonstrates compliance with the stipulation, the court shall enter a judgment of dismissal in favor of the defendant. Chap. 105, §105.145
[Amended by 1997 c.577 s.35; 1999 c.603 s.36]

Failure of defendant to perform stipulated duties; procedure by plaintiff for
enforcement and restitution.
In an action to which ORS chapter 90 or ORS 91.120 applies, if the court enters an order or judgment by stipulation whereby the defendant retains possession of the premises contingent upon the defendant's performance or payment of moneys by a certain date as provided under ORS 105.145 (2), and the defendant fails to perform or make the payment by that date, the plaintiff may enforce the order or judgment to obtain restitution of the premises in the following manner:

(1) Prior to the issuance of a notice of restitution, the plaintiff must file with the clerk of the court an affidavit of noncompliance describing how the defendant has failed to comply with the order or judgment by stipulation. A copy of the order or judgment by stipulation and any underlying document describing the terms of the settlement agreement must be attached to the affidavit.

(2) For service pursuant to ORS 105.154 (1)(a), the clerk shall attach to the notice of restitution a copy of the plaintiff's affidavit of noncompliance, including the order or judgment by stipulation and any underlying document that describes the terms of the settlement agreement.

(3) The court shall establish a procedure whereby the defendant may request a hearing on the plaintiff's affidavit of noncompliance and delay expiration of the notice of restitution period or execution upon a judgment of restitution pending the hearing. The only issue at the hearing shall be whether the defendant has complied with the order or judgment by stipulation. Chap. 105, §105.147  [1999 c.603 s.4]
Note: §105.147 was added to and made a part of 105.105 to 105.168 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

105.150 [Repealed by 1989 c.506 s.20]

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 four days to move out of the premises, including removal of all personal property; and

(b) After the expiration of the four-day period provided in the notice of restitution, issuance by the clerk of the court and service by the sheriff 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, not including any manufactured dwelling or floating home to which ORS chapter 90 applies, and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.

(2) Following entry of judgment for restitution of the premises in favor of a plaintiff, or any date for possession as specified in the judgment, whichever is later, the plaintiff may request that the clerk of the court in which the judgment is entered issue a notice of restitution. The notice of restitution shall order the defendant to move out of the premises, including removing all personal property, in no less than four days. The plaintiff may direct the clerk to extend the notice period beyond four days. Following payment of any required fees, the clerk shall issue the notice in substantially the following form:
___________________________________________________________________

                         NOTICE OF RESTITUTION

                                               Case Number _____

TO: _________
(Defendant-Tenant)
_______________________________________
_______________________________________
_______________________________________
Address of premises)

In the eviction case of ______ vs. ______, the Circuit or Justice Court for ______ County ordered that (choose one box):

[ ] You must move out of the premises described above. The plaintiff-landlord is now entitled to possession of these premises. The deadline for you to vacate is shown at the bottom of this page.

[ ] You had agreed in court in the order or judgment by stipulation to perform in a certain manner or pay money to the plaintiff-landlord by a certain date. The plaintiff-landlord claims that you have not kept that agreement. A copy of that agreement and the plaintiff-landlord's affidavit stating that you have not kept the agreement are attached. Because you have not kept the agreement, the  plaintiff-landlord is now entitled to possession of these premises. If you believe
that you have kept the agreement, you are entitled to a hearing. You must contact the court and request a hearing before the end of business on the day of the deadline for you to vacate listed below. When you request a hearing, you must also ask the court to delay the sheriff from removing you. If you do not request a hearing and delay before the deadline for you to vacate, you must move out of the premises by the deadline or the sheriff will remove you. The only issue at the hearing will be whether you have kept the agreement.

                          DEADLINE TO VACATE
YOU ARE ORDERED TO VACATE THE PREMISES NO LATER THAN ___.M., ______, ___. 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 OR DISPOSED OF AS PROVIDED BY LAW. CONTACT THE PLAINTIFF-LANDLORD FOR FURTHER
INFORMATION.
                                                   ______________________
                                                  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:
__________________________________________________________________
State of Oregon,    )     WRIT OF
                    ) 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 (10), after the four-day period provided in the notice of restitution.

If the defendant, and the goods, vehicles, recreational vehicles, manufactured dwellings, floating homes and other personal property belonging to the defendant, are not removed by the end of the four-day period or any delay requested by the plaintiff, whichever is later, 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 and any other person subject to the judgment, if present, from the premises.

As determined by the plaintiff as follows, the sheriff or the plaintiff shall remove to or store the defendant's goods, vehicles, recreational vehicles, manufactured dwellings, floating homes and other personal property at a place of safekeeping (choose one or more boxes):

[ ] The sheriff shall remove all of the defendant's personal property, except any manufactured dwelling or floating home to which ORS chapter 90 applies:

[ ] The sheriff shall remove part of the defendant's personal property, specifically:
______________________
______________________

[ ] The plaintiff shall remove and store all or part of the defendant's personal property.

In the case of a dwelling unit to which ORS chapter 90 applies, the plaintiff may elect to remove and store all or part of the defendant's personal property, except that only the plaintiff shall store any manufactured dwelling or floating home, and it shall be stored on the rented space.

DATED this ___ day of _____, ___.
                                                 ________________________
                                                 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___________
                                                              ___________
                                                                SHERIFF
___________________________________________________________________
(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 a certificate of service in the same manner as provided by ORCP 7 F(2)(a).

(7) Notwithstanding ORCP 10, the four-day period specified in subsection (2) of this section shall:

(a) Commence at 12:01 a.m. on the day following mailing and service of the notice of restitution pursuant to subsection (5) of this section, including a Saturday or legal holiday; and

(b) End on the fourth calendar day following the mailing and service unless the fourth day is a Saturday, Sunday or legal holiday, in which case the period shall end at 12 midnight of the day preceding the next judicial day.

(8) Except as provided in subsection (9) of this section, at any time after the expiration of the period provided in the notice of restitution, the plaintiff may request that the clerk issue a writ of execution of judgment of restitution directing the sheriff to enforce the judgment of restitution by returning possession of the premises to the plaintiff. Following payment of any required fees, the clerk shall issue the writ in substantially the form provided by subsection (3) of this section.

(9) Unless the judgment otherwise provides, the clerk shall not issue a notice of restitution or a writ of execution of judgment of restitution more than 60 days after the judgment is entered or after any date for possession as specified in the judgment, whichever is later.

(10) Following issuance of the writ of execution and payment of any fees required by the sheriff, 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 eviction trespass notice by first class mail to the defendant at the premises;

(b) The sheriff shall serve the writ and the eviction 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; and

(c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment, if present, and the defendant's personal property, except that:

(A) In the case of a dwelling unit to which ORS chapter 90 applies, after the sheriff removes the defendant or other persons, the plaintiff may elect to remove, store and dispose of all or part of the defendant's personal property pursuant to ORS 105.165; and

(B) If the personal property includes a manufactured dwelling or floating home to which ORS chapter 90 applies, the sheriff shall not remove the dwelling or home. The plaintiff shall store and dispose of the dwelling or home pursuant to ORS 105.165 and either ORS 90.425 or 90.675.

(11) Following issuance of the writ, at the plaintiff's request, the sheriff shall delay enforcement and service of the writ.

(12) Any writ not enforced and served within 30 days following issuance shall expire and become unenforceable.

(13) 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 of occupancy beginning after that judgment was entered.

(14) 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. Chap. 105, §105.154   [1995 c.559 s.50 (enacted in lieu of 105.155); 1995 c.658 s.70a; 1997 c.577 ss.36,37; 1999 c.603 s.37]
§105.155 [Amended by 1979 c.765 s.6; 1985 c.588 s.15; 1993 c.369 s.27; repealed by 1995 c.559 s.49 (105.154 enacted in lieu of 105.155)]

§105.160 [Repealed by 1977 c.365 s.3 and 1977 c.416 s.5]

Landlord may elect to remove, store and dispose of all or part of the personal property left by the tenant.
(1) In the case of a dwelling unit to which ORS chapter 90 applies, the landlord may elect to remove, store and dispose of all or part of the personal property left by the tenant upon the premises following restitution of the premises pursuant to ORS 105.154, provided that:

(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; and

(b) The landlord shall store and dispose of the personal property of the tenant pursuant to ORS 90.425 or 90.675, except that if the tenant claims that property within the time provided in ORS 90.425 or 90.675, 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 (12) or 90.675 (12) 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.

(4) If the tenant's personal property includes a manufactured dwelling or floating home, the landlord shall use the alternative method provided by this section for the dwelling or home. The landlord may use the alternative method provided by this section for all or part of the tenant's other personal property. If a landlord elects to use this alternative method for part of the tenant's other property, the remaining portion, not including any manufactured dwelling or floating home, shall be removed by the sheriff pursuant to ORS 105.154. Chap. 105, §105.165 [1981 c.753 s.9; 1989 c.506 s.23; 1989 c.910 s.5; 1993 c.369 s.18; 1995 c.559 s.51; 1997 c.577 s.39]

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. Chap. 105, §105.168 [1993 c.369 s.31]                                                

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