reglab/housing_qa huggingface dataset:
OR Rev Stat § 105.075 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 105.105 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.
OR Rev Stat § 105.080 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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.
OR Rev Stat § 105.105 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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.
OR Rev Stat § 105.110 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.110 - 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 §1; 1995 c.658 §68]
OR Rev Stat § 105.111 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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. [2003 c.387 §7]
OR Rev Stat § 105.113 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 landlord’s 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 Bar’s Lawyer Referral Service online at ____________ (current website) or by calling ____________ (current phone numbers). ___________________________ Signature of Plaintiff (landlord or agent) Plaintiff’s address: ___________________________ ___________________________ Plaintiff’s telephone number: _________ ______________________________________________________________________________ (2) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with the summons. [2001 c.596 §8; 2011 c.398 §4; 2017 c.252 §26; 2019 c.405 §4; 2020 s.s.3 c.3 §§13,20]
OR Rev Stat § 105.117 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.117

[2009 c.569 §1; renumbered 91.122 in 2011]
OR Rev Stat § 105.120 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 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 10 days after receipt by delivering the unused rent to the tenant in person or by first class mailing. [Amended by 1973 c.559 §35; 1981 c.753 §6; 1983 c.303 §5; 1985 c.588 §13; 1989 c.506 §18; 1993 c.369 §15; 1995 c.559 §52; 1997 c.577 §31; 1999 c.603 §35; 1999 c.676 §26; 2007 c.906 §36; 2013 c.294 §15]
OR Rev Stat § 105.123 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.123 - Complaint.

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, the defendant entered upon the premises with force or unlawfully holds the premises with force; and (4) That the plaintiff is entitled to the possession of the premises. [2001 c.596 §4 (105.123, 105.124 and 105.126 enacted in lieu of 105.125); 2007 c.508 §12]
OR Rev Stat § 105.126 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.126 - Form of complaint if ORS chapter 90 does not apply.

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: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ EVICTION COMPLAINT No. _____ (Landlord), Plaintiff(s) vs. (Tenant), Defendant(s) 1. Defendant is in possession of the following premises: __________________ __________________ (city) 2. Defendant entered upon the premises with force or is unlawfully holding the premises with force. 3. Plaintiff is entitled to possession of the premises, because: _____ 30-day notice (month-to-month tenancy) _____ 30-day notice (cause) _____ Notice to bona fide tenants after foreclosure sale or termination of fixed term tenancy after foreclosure sale. ORS 86.782 (6)(c). _____ Other notice (explain) ________ _____ No notice (explain) _________ A COPY OF ANY NOTICE RELIED UPON IS ATTACHED Wherefore, plaintiff prays for possession of the premises, costs and disbursements and attorney fees, if applicable. __________________ Plaintiff ______________________________________________________________________________ (2) A copy of the notice relied upon, if any, must be attached to the complaint. [2001 c.596 §6 (105.123, 105.124 and 105.126 enacted in lieu of 105.125); 2003 c.378 §20; 2011 c.510 §4]
OR Rev Stat § 105.128 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 defendant’s 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 perpetrator’s 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. [2007 c.508 §6]
OR Rev Stat § 105.130 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.130 - How action conducted; fees.

(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 90 applies, the clerk shall: (a) Collect a filing fee of $88; (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) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section. (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) An action brought under ORS 105.110 by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.105 to 105.168 that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126. [Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8; 2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a; 2014 c.76 §11; 2017 c.663 §9; 2019 c.605 §10]
OR Rev Stat § 105.132 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.132 - 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 §2]
OR Rev Stat § 105.135 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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) 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 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 sheriff’s 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 sheriff’s 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. [Amended by 1975 c.256 §11; 1977 c.327 §1; 1979 c.854 §2; 1981 c.753 §11; 1983 c.303 §6; 1983 c.581 §3; 1985 c.588 §14; 1995 c.559 §48; 1997 c.577 §33; 2007 c.255 §3; 2017 c.252 §27] Note: Sections 4, 5 and 8, chapter 420, Oregon Laws 2021, provide: Sec. 4. Section 5 of this 2021 Act is added to and made a part of ORS 105.105 to 105.168. [2021 c.420 §4] Sec. 5. The clerk shall include the notice described in section 2 (4) of this 2021 Act with the summons and complaint mailed to a defendant under ORS 105.135 (3)(a). [2021 c.420 §5] Sec. 8. Sections 2, 5, 6 and 7 of this 2021 Act are repealed on March 1, 2022. [2021 c.420 §8]
OR Rev Stat § 105.138 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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. [1989 c.918 §7; 1991 c.844 §20; 1995 c.559 §46; 2001 c.596 §49a; 2007 c.508 §15; 2019 c.625 §68]
OR Rev Stat § 105.139 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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. [1983 c.303 §3; 1993 c.369 §34; 2003 c.378 §21; 2005 c.22 §81; 2005 c.391 §30]
OR Rev Stat § 105.140 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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. [Amended by 1973 c.559 §36; 1977 c.365 §2; 1979 c.854 §4; 2003 c.576 §237]
OR Rev Stat § 105.145 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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. [Amended by 1997 c.577 §35; 1999 c.603 §36; 2003 c.378 §22]