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

ORS 105.136. Form of notice to tenants regarding rental and eviction assistance. (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: ______________________________________________________________________________ THIS IS AN IMPORTANT NOTICE OF WHERE TO GET HELP IF YOU ARE FACING POTENTIAL EVICTION FOR NONPAYMENT. For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at _________. You must comply with deadlines identified in a notice of nonpayment, or you risk losing your housing. Rental assistance and support services may be available. Dial 2-1-1 or go to www.211info.org or contact a local service provider at _________. Low-income tenants may be able to receive free or low-cost legal advice by contacting a legal aid organization. Go to _________ to find an office near you. The Oregon State Bar provides information about legal assistance programs at _________. ______________________________________________________________________________ (2) The Judicial Department shall translate the completed form under subsection (1) of this section into the Spanish, Korean, Russian, Vietnamese and Chinese languages and shall display links to the English and translated forms prominently on the departments website. (3) Each form on the Judicial Department website under subsection (2) of this section must include a statement in English, Spanish, Korean, Russian, Vietnamese and Chinese indicating that the form and translations can be found on the Judicial Department website and providing the web address where the forms may be found. [2023 c.13 56] Note:
ORS Chapter 105 — Property Rights

ORS 105.138. Compelling arbitration; procedure. (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 agreement enforceable under ORS 90.769 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 may 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.
ORS Chapter 105 — Property Rights

ORS 105.139. Burden of proof in certain cases. 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.
ORS Chapter 105 — Property Rights

ORS 105.140. 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 entry of a general judgment in the action. If a defendant fails to pay rent into court as ordered under this subsection, the action shall be tried forthwith.
ORS Chapter 105 — Property Rights

ORS 105.145. 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 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 rendered by default, the court 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, the court 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 shall 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 shall 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.
ORS Chapter 105 — Property Rights

ORS 105.146. Failure of defendant to perform as ordered; judgment of restitution. (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 defendants performance or payment of moneys by a certain date as provided under ORS 105.145 (2), and the defendant fails to comply with the order, the plaintiff may obtain and enforce a judgment of restitution of the premises pursuant to this section and ORS 105.148 and
ORS Chapter 105 — Property Rights

ORS 105.147. [1999 c.603 4; repealed by 2001 c.596 9 (105.146, 105.148 and 105.149 enacted in lieu of
ORS Chapter 105 — Property Rights

ORS 105.149. Hearing on compliance with order. (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 defendants request as soon as practicable; (b) Shall notify both parties of the hearing date; (c) Shall mail or send by facsimile a copy of the defendants request to the plaintiff; and (d) May not issue a writ of execution of judgment of restitution pending the hearing. (2)(a) At the hearing, except as provided in paragraph (b) of this subsection, the court may consider only the following issues: (A) Whether the defendant complied with the order. (B) Whether the plaintiff complied with any requirement of the order that is a predicate to compliance by the defendant. (C) Whether the parties agreed to modify the order and complied with the modified order. (D) Whether one party unfairly prevented compliance by the other party. (b) If ORS chapter 90 applies to a dwelling unit, in addition to the issues described in paragraph (a) of this subsection, the court may consider the following issues: (A) Whether the stipulated agreement was entered into in good faith as required by ORS 90.130 or is unconscionable as described in ORS 90.135. (B) Whether, for a defendant whose noncompliance concerns performance or conduct, the noncompliance constitutes good cause for purposes of an applicable law or contract that requires the plaintiff to have good cause for terminating the tenancy. (C) Whether, for a defendant whose noncompliance concerns a failure to pay rent due for future rental periods pursuant to ORS 105.146 (2)(c), the defendant has claims against the plaintiff for moneys that offset the rent. The defendants claims must be pursuant to ORS chapter 90 or the rental agreement and must have arisen after the entry of the order. (c) The defendant may not raise defenses or claims involving issues other than issues described in paragraphs (a) and (b) of this subsection. (3) If the court finds in favor of the plaintiff after the hearing, the clerk may issue a writ of execution of judgment of restitution. If the defendant did not appear at the hearing, the clerk may issue the writ immediately. If the defendant did appear, the clerk may issue the writ no earlier than 24 hours after the courts ruling. Further notice to the defendant is not required. (4) If the court finds in favor of the defendant after the hearing, the court shall set aside the judgment. The court may reinstate the order, terminate the order and enter a judgment dismissing the plaintiffs action in favor of the defendant, enter a new order or schedule a trial on the plaintiffs action as soon as practicable. [2001 c.596 12 (105.146, 105.148 and 105.149 enacted in lieu of 105.147); 2003 c.378 25; 2005 c.391 36] Note: See note under
ORS Chapter 105 — Property Rights

ORS 105.150. [Repealed by 1989 c.506 20]
ORS Chapter 105 — Property Rights

ORS 105.151. Enforcement of judgment of restitution; notice of restitution. (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 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, directing the sheriff to enforce the judgment by removing the defendant 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. (3) This section does not prevent a landlord in a tenancy to which ORS chapter 90 does not apply from exercising a right of entry provided by law and described in ORS 105.105 in order to recover possession of the premises, provided that the right of entry is stated in the rental agreement between the parties. [2001 c.596 14 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and
ORS Chapter 105 — Property Rights

ORS 105.152. Form of notice of restitution for judgment entered under ORS 105.146. 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 COURT FOR THE COUNTY OF _________ Notice of Restitution because of not complying with a court-approved agreement Case Number ______ TO: _____________________ (Tenant/Defendant) ___________________________ (Address of rental property) You and your landlord made a court-approved agreement allowing you to stay in the property. Your landlord claims that you have not kept that agreement. (A copy of the landlords claim is attached.) Unless you can prove to the court why you should not have to move out, you must move by the MOVE OUT DATE listed below. If you do not, the landlord can have the Sheriff physically remove you. If you believe that you have kept the agreement or that you have a legal reason for not keeping the agreement, you are entitled to a court hearing. Legal reasons are listed in ORS 105.148 and 105.149. They include the landlord interfering with your effort to keep the agreement and your complying with a modification of the agreement made by you and your landlord. To request a hearing, you must go to the court and complete a form explaining why you believe that you have kept (or should not be required to keep) the agreement. You have to do this before _____ a.m./p.m. on _________. The Sheriff will not physically remove you from the property before the hearing. If the judge rules against you at the hearing, the landlord can have the Sheriff physically remove you. DEADLINE TO MOVE OUT MOVE OUT DATE: _________ If you do not request a hearing, you must move out of the property no later than 11:59 p.m. on the Move Out Date. If you and everyone else living there do not move out by that time, the Sheriff will physically remove you. You must also move all of your belongings by that time. Anything you leave behind will be stored or disposed of as allowed by law. __________________ Deputy Court Administrator ______________________________________________________________________________
ORS Chapter 105 — Property Rights

ORS 105.153. Form of notice of restitution for judgment not entered under ORS 105.146. 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 Circuit Court for the County of _________ NOTICE OF RESTITUTION Case Number _________ TO: __________________ (Defendant/Tenant) ___________________________ ___________________________ ___________________________ (Address of property) DEADLINE TO MOVE OUT MOVE OUT DATE: _________ The Court has ordered you to move out of the property. You must move out no later than 11:59 p.m. on the Move Out Date. If you and everyone else living there do not move out by that time, the Sheriff will physically remove you. You must also move all of your belongings by that time. Anything you leave behind will be stored or disposed of as allowed by law. ________________________ Deputy Court Administrator ______________________________________________________________________________ [2001 c.596 16 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154)]
ORS Chapter 105 — Property Rights

ORS 105.154. [1995 c.559 50 (enacted in lieu of 105.155); 1995 c.658 70a; 1997 c.577 36,37; 1999 c.603 37; repealed by 2001 c.596 13 (105.151, 105.152, 105.153, 105.156, 105.157,
ORS Chapter 105 — Property Rights

ORS 105.156. Form of writ of execution for judgment of restitution. 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 of _____ ) To the Sheriff: This was an eviction action for possession of the following premises: ___________________________ ___________________________ (city) ___________________________ (county) Judgment was entered that the plaintiff have restitution of the premises and that the plaintiff may be entitled to court costs and disbursements. 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 105.161. You are ordered to enter the premises and remove the defendant and any other individual present on the premises who is subject to the judgment and return possession of the premises to the plaintiff. You may use all reasonable force that may be necessary to enter the premises and remove individuals who are subject to the judgment. The plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises following the removal of the defendant and the return of possession of the premises, as provided by ORS 105.165. DATED this ___ day of ______, ___. __________________ Deputy Court Administrator __________________ Plaintiff __________________ Address __________________ City/State/Zip ______________________________________________________________________________
ORS Chapter 105 — Property Rights

ORS 105.157. Form of eviction trespass notice. 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: ___________________________ ___________________________ ___________________________ 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: ___________________________ ___________________________ ___________________________ DATED _______________ _______________ SHERIFF ______________________________________________________________________________
ORS Chapter 105 — Property Rights

ORS 105.158. Service of notice of restitution. (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) Is a person regularly employed in the business of serving process; and (d) Charges a fee no greater than that set by ORS 21.300 (1)(a) for service of the notice of restitution. (2) The sheriff or a process server shall serve the notice of restitution under ORS
ORS Chapter 105 — Property Rights

ORS 105.159. Computation of time before plaintiff may request writ of execution. (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 p.m. on the fourth calendar day after the mailing and service except that if the fourth day is a Saturday or a Sunday or other legal holiday, the period shall end at 11:59 p.m. on the day preceding the next judicial day. (2) Except as provided in subsection (3) 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 of the court 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. After payment of any required fees, the clerk shall issue the writ in substantially the form provided by ORS 105.156. (3) Unless the judgment otherwise provides, the clerk may 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. [2001 c.596 20 (105.151, 105.152, 105.153,
ORS Chapter 105 — Property Rights

ORS 105.160. [Repealed by 1977 c.365 3 and 1977 c.416 5]
ORS Chapter 105 — Property Rights

ORS 105.163. Setting aside judgment upon motion of tenant. (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 motion if the court finds that: (a) The judgment was a judgment of restitution entered against the applicant, the applicant has satisfied any money award included in the judgment and: (A) At least five years have passed from the date of the judgment; or (B) The judgment was based on claims that arose on or after April 1, 2020, and before March 1, 2022; (b) The judgment was a judgment by stipulation of the parties under ORS 105.145 (2) and the applicant has complied with the terms of the stipulated agreement and satisfied any money award included in the judgment; or (c) The judgment was a judgment or judgment of dismissal entered in the applicants favor. (2) The applicant shall serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action under ORS
ORS Chapter 105 — Property Rights

ORS 105.164. Setting aside old judgments by courts. (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 any money award has expired or been satisfied or discharged; and (b)(A) The judgment was a judgment of restitution entered for the plaintiff and at least five years have passed from the date of the judgment; or (B) The judgment was a judgment by stipulation of the parties under ORS 105.145 (2) and at least 12 months have passed from the date of the judgment. (2) Upon entry of the order, the judgment that is the subject of the motion is deemed not to have been entered, and any party may answer accordingly any questions relating to its occurrence. (3) Nothing in this section limits the ability of a defendant to apply for an order under ORS 105.163. [2023 c.13 65] Note: Section 66, chapter 13, Oregon Laws 2023, provides: Sec. 66. (1) Section 65 of this 2023 Act [105.164] does not apply to judgments entered on or before January 1, 2014. (2) Each justice and circuit court shall conduct a review of its records and enter its first order under section 65 of this 2023 Act on or before December 31, 2024.
ORS Chapter 105 — Property Rights

ORS 105.165. Alternative method of removing, storing and disposing of tenants personal property; requirements; landlord liability. (1) If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161, the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises as provided in ORS 90.425 or 90.675. (2) If ORS chapter 90 does not apply to a premises, the plaintiff or landlord shall remove, store and dispose of any personal property left by the defendant or tenant upon the premises following recovery of possession of the premises by the plaintiff or landlord: (a) Pursuant to any landlords lien available under ORS 87.162; (b) As provided by any rental agreement between the plaintiff or landlord and the defendant or tenant; or (c) At the plaintiff or landlords discretion, by following the process described in ORS 90.425 (2), (3) and (5) to (11) and (13) to (16) except that: (A) The plaintiff or landlord may require payment of any amount owed by the defendant or tenant to the plaintiff or landlord prior to allowing the defendant or tenant to remove or recover the personal property if the payment requirement is stated in the written notice; and (B) ORS 90.425 may be applied to address only the rights and obligations of the plaintiff or landlord and defendant or tenant in the personal property and not the rights of other parties. (3) Any cost incurred by the plaintiff for execution pursuant to ORS 105.151 or