Stay of eviction for state service member. (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 for up to 90 days if:

(a) The defendant is a state service member;

(b) The agreed-upon rent does not exceed $1,200 per month; and

(c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant.

(3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction. [2003 c.387 §7]