justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 105 — Property Rights

ORS 105.070. 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.
ORS Chapter 105 — Property Rights

ORS 105.075. 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 105.100 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.
ORS Chapter 105 — Property Rights

ORS 105.080. 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. FORCIBLE ENTRY AND WRONGFUL DETAINER
ORS Chapter 105 — Property Rights

ORS 105.100. objection is filed, the court shall schedule a hearing. (3) If, under subsection (2) of this section, no objection is filed or after a hearing the court determines that the applicant is eligible for relief under subsection (1) of this section, the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action pertaining to the applicant. Upon entry of the order, the judgment that is the subject of the motion shall be deemed not to have been entered, and the applicant may answer accordingly any questions relating to its occurrence. (4) The court may not charge a filing fee for the filing of a motion under subsection (1) of this section. [2019 c.351 2; 2021 c.39 9] Note: The amendments to
ORS Chapter 105 — Property Rights

ORS 105.105. 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.
ORS Chapter 105 — Property Rights

ORS 105.110. (A) When the tenant or person in possession of any premises fails or refuses to pay rent within the time period required by a notice under ORS 90.392 or 90.394. (B) When a rental agreement by its terms has expired and has not been renewed, or when the tenant or person in possession remains in possession after a valid notice terminating the tenancy pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental agreement or ORS chapter 90. (b) A landlord may not file an action for the return of possession of a dwelling unit based upon a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period provided in a notice terminating the tenancy. (c) The court may dismiss a claim for possession at any time if the complaint does not comply with this subsection. (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.
ORS Chapter 105 — Property Rights

ORS 105.111. 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.
ORS 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
ORS Chapter 105 — Property Rights

ORS 105.113. Form of summons. (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): ___________________________ ___________________________ TO: _______________ (Street address and city of property occupied by defendant) _______________ (Mailing address if different) NOTICE TO TENANTS: READ THESE PAPERS CAREFULLY YOUR LANDLORD WANTS TO EVICT YOU ON _________, 2_____ AT _____ A.M./P.M., you must come to the County Court House located at _________. You do not have to pay any fees to the court for this first hearing. If you do not appear in court and your landlord does, your landlord will win automatically and can have the Sheriff physically remove you. If you do show up in court and your landlord does not, this eviction action will be dropped. If both of you show up: The judge may ask you to try to reach an agreement with your landlord, but this is voluntary. Trained mediators may be available free of charge to help resolve disputes. The court will schedule a trial if you and your landlord do not reach an agreement or if you do not agree to move out. IF YOU WANT A TRIAL, YOU MUST: Show up in court at the time scheduled above; On the same day, file an Answer with the Court giving a legal reason why you should not be evicted (the Court can give you a form); Give a copy of the Answer to your landlord (or your landlords agent or attorney); and Pay a filing fee of $_____ (the judge may allow payment to be deferred in certain circumstances). IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need help finding an attorney, you can contact the Oregon State Bars Lawyer Referral Service online at ____________ (current website) or by calling ____________ (current phone numbers). ___________________________ Signature of Plaintiff (landlord or agent) Plaintiffs address: ___________________________ ___________________________ Plaintiffs telephone number: _________ ______________________________________________________________________________ (2) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with the summons.
ORS Chapter 105 — Property Rights

ORS 105.115. Causes of unlawful holding by force; action for return of possession. (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
ORS Chapter 105 — Property Rights

ORS 105.120. Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent. (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 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. (3) 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. (4) 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. (5) 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 months 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 10 days after receipt by delivering the unused rent to the tenant in person or by first class mailing.
ORS Chapter 105 — Property Rights

ORS 105.123. (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): ___________________________ ___________________________ Address: ______________ City: ______________ State: _________ Zip: ______ Telephone: _________ vs. DEFENDANT (Tenants/Occupants): ___________________________ ___________________________ MAILING ADDRESS: ___________ City: ______________ State: _________ Zip: ______ Telephone: _________ 1. Tenants are in possession of the dwelling unit, premises or rental property described above or located at: _____________________ 2. Landlord is entitled to possession of the property because of: ___ 24-hour notice for personal injury, substantial damage, extremely outrageous act or unlawful occupant. ORS 90.396 or 90.403. ___ 24-hour or 48-hour notice for violation of a drug or alcohol program. ORS 90.398. ___ 24-hour notice for perpetrating domestic violence, sexual assault or stalking. ORS 90.445. ___ 72-hour notice for nonpayment of rent in a week-to-week tenancy. ORS 90.394 (1). ___ 7-day notice with stated cause in a week-to-week tenancy. ORS 90.392 (6). ___ 10-day notice for a pet violation, a repeat violation in a month-to-month tenancy or without stated cause in a week-to-week tenancy. ORS 90.392 (5), 90.405 or 90.427 (2). ___ 10-day or 13-day notice for nonpayment of rent. ORS 90.394 (2). ___ 20-day notice for a repeat violation. ORS 90.630 (5). ___ 30-day, 60-day or 180-day notice without stated cause in a month-to-month tenancy. ORS 90.427 (3)(b) or (8)(a)(B) or (C) or 90.429. ___ 30-day notice with stated cause. ORS 90.392, 90.630 or 90.632: ___ The stated cause is for nonpayment as defined in ORS 90.395. ___ 60-day notice with stated cause. ORS 90.632. ___ 90-day notice with stated cause. ORS 90.427 (5) or (7). ___ Notice to bona fide tenants after foreclosure sale or termination of fixed term tenancy after foreclosure sale. ORS 86.782 (6)(c). ___ Other notice _________ ___ No notice (explain) _________ A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED 3. If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the landlord can collect attorney fees from the defendant pursuant to ORS 90.255 and 105.137 (3). Landlord requests judgment for possession of the premises, court costs, disbursements and attorney fees. I certify that the allegations and factual assertions in this complaint are true to the best of my knowledge. __________________ Signature of landlord or agent. ______________________________________________________________________________ (2) The complaint must 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. (3) A copy of the notice relied upon, if any, must be attached to the complaint.
ORS Chapter 105 — Property Rights

ORS 105.124. Form of complaint if ORS chapter 90 applies. For a complaint described in ORS
ORS Chapter 105 — Property Rights

ORS 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
ORS Chapter 105 — Property Rights

ORS 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 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. (c) When the owner or possessor of a recreational vehicle that was placed or driven onto property without the prior consent of the property owner, operator or tenant fails to remove the recreational vehicle. The property owner or operator is not required to serve a notice to quit the property before commencing an action under ORS 105.126 against a recreational vehicle owner or possessor holding property by force as described in this paragraph. (d) When the person in possession of a premises remains in possession after the time when a purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946 or 86.782. (e) When the person in possession of a premises remains in possession after the time when a deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the premises. (f) When the person in possession of a premises remains in possession after the time when a seller is entitled to possession in accordance with the provisions of ORS 93.930 (2)(c) or pursuant to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest in real property. (g) When the person in possession of a premises remains in possession after the expiration of a valid notice terminating the persons right to occupy the premises pursuant to ORS 91.120, 91.122 or 91.130. (2) In the case of a dwelling unit to which ORS chapter 90 applies: (a) The following are causes of unlawful holding by force within the meaning of ORS
ORS Chapter 105 — Property Rights

ORS 105.128. Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim. 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 defendants 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 order terminating the tenancy of the perpetrator and ordering the perpetrator to vacate the dwelling unit without terminating the tenancy of the other tenants and without awarding possession to the plaintiff. (2) If the action is based upon a notice terminating the tenancy of a perpetrator under ORS 90.445, the court may issue an order upholding the termination of the perpetrators tenancy and ordering the perpetrator to vacate the dwelling unit without the tenancy of the other tenants being terminated and without awarding possession to the plaintiff. (3) If a court issues an order described in subsection (1) or (2) of this section, the court may enter judgment in favor of the plaintiff against the perpetrator. The plaintiff may enforce the judgment against the perpetrator as provided in ORS 105.151, but may not enforce the judgment against any other tenant of the dwelling unit. The sheriff shall remove only the perpetrator from the dwelling unit. The sheriff may not return possession of the dwelling unit to the plaintiff.
ORS Chapter 105 — Property Rights

ORS 105.130. How action conducted; fees. (1) Except as provided in this section and ORS
ORS Chapter 105 — Property Rights

ORS 105.132. Assertion of counterclaim. 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.
ORS Chapter 105 — Property Rights

ORS 105.135. Service and return of summons; posting; contents; use of facsimile. (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 possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees. (b) The clerk may delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable to conduct the first appearance and, if possible, to accommodate dates that the plaintiff has indicated unavailability. (c) The clerk shall enter the first appearance date on the summons. (d) If the claim for possession is based on nonpayment as defined in ORS 90.395, the clerk shall include as part of the summons a copy of the notice described in ORS 105.136. (3) Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees: (a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises. (b) The process server shall serve the defendant with the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching 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) A sheriff may serve a facsimile of a summons and complaint that is transmitted to the sheriff by a trial court administrator or another sheriff by means of facsimile communication. A copy of the facsimile must be attached to the sheriffs return of service. Before transmitting a summons and complaint to a sheriff under this subsection, the person sending the facsimile must receive confirmation by telephone from the sheriffs office that a telephonic facsimile communication device is available and operating. (5) 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). (6) 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.