reglab/housing_qa huggingface dataset:
OR Rev Stat § 105.149 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 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 of the defendant’s 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 defendant’s 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 court’s 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 plaintiff’s action in favor of the defendant, enter a new order or schedule a trial on the plaintiff’s 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 105.146.
OR Rev Stat § 105.151 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 105.161 enacted in lieu of 105.154); 2003 c.378 §26]
OR Rev Stat § 105.152 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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: _____________________ ___________________________ 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 landlord’s 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 ______________________________________________________________________________ [2001 c.596 §15 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §27]
OR Rev Stat § 105.153 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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: __________________ ___________________________ ___________________________ ___________________________ 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)]
OR Rev Stat § 105.156 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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: ___________________________ ___________________________ ___________________________ 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 ______________________________________________________________________________ [2001 c.596 §17 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §29; 2005 c.391 §37; 2007 c.255 §4]
OR Rev Stat § 105.157 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 ______________________________________________________________________________ [2001 c.596 §18 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §30]
OR Rev Stat § 105.158 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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 105.152 or 105.153 in the manner provided by this subsection. Notwithstanding ORCP 10, by the end of the next judicial day following the payment of fees: (a) The sheriff or process server shall mail a copy of the notice of restitution by first class mail to the defendant at the premises; and (b) The sheriff or process server shall serve the notice of restitution at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching a copy of the notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession. (3) If service of the notice of restitution is made by a process server, by the end of the next judicial day following service the process server shall file with the clerk of the court a certificate of service in the same manner as provided by ORCP 7 F(2)(a). [2001 c.596 §19 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.304 §8]
OR Rev Stat § 105.159 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 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, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2015 c.388 §2]
OR Rev Stat § 105.161 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.

(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 a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises; (b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession; (c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and (d) Following the sheriff’s removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165. (2) Following issuance of the writ, at the plaintiff’s request, the sheriff shall delay enforcement and service of the writ. (3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension. (4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered. [2001 c.596 §21 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §31; 2011 c.366 §1]
OR Rev Stat § 105.165 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.165 - Alternative method of removing, storing and disposing of tenant’s 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 landlord’s 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 landlord’s 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 105.158 to 105.161 or for removal, storage or sale of the defendant’s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment. (4) If the plaintiff fails to permit the defendant to recover possession of the defendant’s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 §9; 1989 c.506 §23; 1989 c.910 §5; 1993 c.369 §18; 1995 c.559 §51; 1997 c.577 §39; 2001 c.596 §48; 2003 c.378 §32; 2003 c.658 §10]
OR Rev Stat § 105.168 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.168 - Minor as party in proceedings pertaining to residential dwellings.

Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.105 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 §31]
OR Rev Stat § 105.170 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.170 - Definitions for ORS 105.170 to 105.185.

For purposes of ORS 105.170 to 105.185: (1) "Easement" means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land. (2) "Holders of an interest in an easement" means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 §1; 1991 c.49 §1]
OR Rev Stat § 105.175 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 105 - Property Rights|Section 105.175 - Easement to be kept in repair; sharing costs; agreements.

(1) The holders of an interest in any easement shall maintain the easement in repair. (2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement. (3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement. (4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply: (a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors. (b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement. (c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 §§2,3,4; 1991 c.49 §2]