Title 10, Property Rights and Transactions

(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 posse…

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…

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 …

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…

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 th…

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 o…

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.

(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 or…

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 def…

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 §281]

(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 …

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 …

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 th…

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 105.100 to 105.168 prevents such action from being maintained for the recovery …

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…

As used in ORS 105.100 to 105.168, “attorney” includes an associate licensee of the Oregon State Bar practicing law in the licensee’s approved scope of practice. [2023 c.72 §49; 2025 c.32 §87]

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 th…

(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 evict…

(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…

(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 COU…

(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…

(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 provide…

(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 105.100 to 105.168 exce…

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,…

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 …

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: ______________________________________________________________________________ I…

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 un…

(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 9…

No person named as a defendant in an action brought under ORS 105.100 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)(a) The clerk shall calculate the first appearance, which shall be: (A) Seven days after the judicial day next following payment of the filing fees; or (B) If the claim for po…

(1) The Judicial Department, in consultation with the Housing and Community Services Department, shall supply and may regularly update the notice required under ORS 90.395 (2) and 105.135 (2)(d). The notice must be in substantially the following form: ____________________________…

In the case of a dwelling unit to which ORS chapter 90 applies: (1) A default judgment shall be entered in favor of the plaintiff for possession of the premises and costs and disbursements only if: (a) The plaintiff appears and the defendant fails to appear at the first appearanc…

(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 agr…

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 §…

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…

(1) If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rend…

(1) In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to retain possession of the premises contingent upon the defendant’s performance or payment of moneys by a certain date as provided under ORS 1…

(1)(a) To contest a plaintiff’s affidavit or declaration of noncompliance under ORS 105.146 and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The reques…

(1) Upon receipt of a timely filed request for hearing described in ORS 105.148, the clerk of the court: (a) Shall schedule a hearing on the defendant’s request as soon as practicable; (b) Shall notify both parties of the hearing date; (c) Shall mail or send by facsimile a copy o…

(1) If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only 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 that shall give the defendant…

If the court entered a judgment pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COU…

If a court entered a judgment other than pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ In the Ci…

The writ of execution of judgment of restitution referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ State of Oregon, ) WRIT OF ) ss. EXECUTION OF ) JUDGMENT OF ) RESTITUTION County…

The eviction trespass notice referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ EVICTION TRESPASS NOTICE Occupants of these premises located at: ___________________________ _______…

(1) 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)…

(1) Notwithstanding ORCP 10, the four-day period specified in ORS 105.151 (2) shall: (a) Commence at 12:01 a.m. on the day after mailing and service of the notice of restitution pursuant to ORS 105.158, including a Saturday or a Sunday or other legal holiday; and (b) End at 11:59…

(1) Following issuance of the writ of execution of judgment of restitution 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…

(1) A person who was a defendant in an action under ORS 105.100 to 105.168 may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the…

(1) On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS chapter 90 for which the court finds that: (a) The judgment does not contain a money award or that …