There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 105
- 105.005 Right of action; recovery; damages.
- 105.010 Contents of complaint.
- 105.015 Answer.
- 105.020 Substitution of landlord for tenant.
- 105.025 Verdict.
- 105.030 Damages for withholding; setoff for improvements.
- 105.035 Judgment when plaintiff s right to possession expires.
- 105.040 Order to make survey.
- 105.045 Action not prejudiced by alienation by person in possession.
- 105.050 Cotenant shall prove ouster.
- 105.055 Conclusiveness of judgment.
- 105.060 Effect of new trial on plaintiff s possession.
- 105.065 [Repealed by 1969 c.591 305]
- 105.070 Rights of donee under Donation Law.
- 105.075 Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer.
- 105.080 Reimbursement of tenants in common obtaining possession; lien.
- 105.105 Entry to be lawful and peaceable only.
- 105.110 Action for forcible entry or wrongful detainer.
- 105.111 Stay of eviction for state service member.
- Note: 105.111 was added to and made a part of 105.105 to 105.168 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 105.112 Action by tenant to recover personal property; forms.
- 105.113 Form of summons.
- 105.115 Causes of unlawful holding by force; action for return of possession.
- 105.117 [2009 c.569 1; renumbered 91.122 in 2011]
- 105.120 Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent.
- 105.121 Forms in action for possession of group recovery home; limitation on issues; attorney fees.
- Note: 105.121 was added to and made a part of 105.105 to 105.168 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 105.123 Complaint.
- 105.124 Form of complaint if ORS chapter 90 applies.
- Note: Section 8, chapter 510, Oregon Laws 2011, provides:
- Sec. 8.
- 105.125 [Amended by 1975 c.256 9; 1981 c.753 7; 1993 c.369 16; 1995 c.559 47; 1997 c.577 32; repealed by 2001 c.596 3 (105.123, 105.124 and 105.126 enacted in lieu of 105.125)]
- 105.126 Form of complaint if ORS chapter 90 does not apply.
- Note: See note under 105.124.
- 105.128 Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim.
- Note: 105.128 was added to and made a part of 105.105 to 105.168 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 105.130 How action conducted; fees.
- 105.132 Assertion of counterclaim.
- 105.135 Service and return of summons; posting; contents; use of facsimile.
- 105.137 Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant.
- 105.138 Compelling arbitration; procedure.
- 105.139 Burden of proof in certain cases.
- 105.140 Continuance.
- 105.145 Judgment on trial by court; duties of parties to stipulated agreement.
- 105.146 Failure of defendant to perform as ordered; judgment of restitution.
- Note: 105.146 to 105.149 were added to and made a part of 105.105 to 105.168 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 105.147 [1999 c.603 4; repealed by 2001 c.596 9 (105.146, 105.148 and 105.149 enacted in lieu of 105.147)]
- 105.148 Contesting plaintiff s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution.
- Note: See note under 105.146.
- 105.149 Hearing on compliance with order.
- Note: See note under 105.146.
- 105.150 [Repealed by 1989 c.506 20]
- 105.151 Enforcement of judgment of restitution; notice of restitution.
- 105.152 Form of notice of restitution for judgment entered under ORS 105.146.
- 105.153 Form of notice of restitution for judgment not entered under ORS 105.146.
- 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, 105.158, 105.159 and 105.161 enacted in lieu of 105.154)]
- 105.155 [Amended by 1979 c.765 6; 1985 c.588 15; 1993 c.369 27; repealed by 1995 c.559 49 (105.154 enacted in lieu of 105.155)]
- 105.156 Form of writ of execution for judgment of restitution.
- 105.157 Form of eviction trespass notice.
- 105.158 Service of notice of restitution.
- 105.159 Computation of time before plaintiff may request writ of execution.
- 105.160 [Repealed by 1977 c.365 3 and 1977 c.416 5]
- 105.161 Service and enforcement of writ of execution and eviction trespass notice.
- 105.165 Alternative method of removing, storing and disposing of tenant s personal property; requirements; landlord liability.
- 105.168 Minor as party in proceedings pertaining to residential dwellings.
- 105.170 Definitions for ORS 105.170 to 105.185.
- 105.175 Easement to be kept in repair; sharing costs; agreements.
- 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration.
- 105.185 Application of ORS 105.170 to 105.185.
- 105.190 Covenant of good faith and fair dealing; rights and obligations of parties.
- 105.205 Who may maintain partition.
- 105.210 When and how partition prevented.
- 105.215 Complaint.
- 105.220 Tenants and lien creditors as defendants; liens on undivided interests.
- 105.225 Summons; to whom directed.
- 105.230 Service by publication.
- 105.235 Answer.
- 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary.
- 105.245 Sale or partition ordered by court.
- 105.250 Compensation when equal partition cannot be made.
- 105.255 How referees make partition; report.
- 105.260 Power of court over report; final judgment.
- 105.265 Persons not affected by judgment.
- 105.270 Order of sale on referees report.
- 105.275 Conclusiveness of order confirming report.
- 105.280 How sale made; notice of sale.
- 105.285 Distribution of proceeds of sale.
- 105.290 Distribution of proceeds by referee or payment into court.
- 105.295 Continuance of suit after proceeds paid into court.
- 105.300 When lienholder has other securities.
- 105.305 Credit allowed.
- 105.310 Setting off estate for life or years in part not sold.
- 105.315 Disposition of life estate or leasehold.
- 105.320 Compensation of tenants in case of sale.
- 105.325 When court determines value of tenancy.
- 105.330 Rules for determining value of certain estates.
- 105.335 Protection of unknown tenants.
- 105.340 Provision for future rights or interests.
- 105.345 Notice of terms of sale; separate sale of distinct parcels.
- 105.350 Purchase by referee, conservator or guardian forbidden.
- 105.355 Report of sale.
- 105.360 Exception to report; confirmation of sale; order of confirmation.
- 105.365 Purchase by encumbrancer or party entitled to share.
- 105.370 Investment of proceeds for certain parties.
- 105.375 In whose name securities taken or investments made.
- 105.380 When securities are payable to parties.
- 105.385 Clerk s treatment of securities and investments.
- 105.390 When proceeds paid to conservator or guardian of infant.
- 105.395 Payment of proceeds to conservator of incapacitated person.
- 105.400 When conservator or guardian may consent to partition.
- 105.405 Costs and expenses of partition.
- 105.420 Findings; policy.
- 105.425 Definitions for ORS 105.420 to 105.445 and 105.455.
- 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure.
- 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law.
- 105.440 Review of abatement expenditures by court; lien for unpaid expenses.
- 105.445 Effect on purchase money security interest of lien for unpaid abatement expenses.
- 105.450 Termination of receivership.
- 105.455 Short title.
- 105.462 Definitions for ORS 105.462 to 105.490.
- 105.463 Preemptive effect of ORS 105.464.
- 105.464 Form of seller s property disclosure statement.
- 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
- 105.470 Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
- 105.475 Buyer s statement of revocation of offer; criteria.
- 105.480 Representations in disclosure statement; application.
- 105.485 Allocation of burden of proof.
- 105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies.
- 105.505 Remedies available for private nuisance.
- 105.510 Procedure for abating a nuisance.
- 105.515 Stay of issuance of warrant to abate.
- 105.520 Justification of sureties; proceedings when nuisance is not abated.
- 105.525 [Repealed by 1969 c.509 8]
- 105.530 [Repealed by 1969 c.509 8] ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS
- 105.550 Definitions for ORS 105.550 to 105.600.
- 105.555 Places declared nuisances subject to abatement.
- 105.560 Action to restrain or enjoin nuisance; jurisdiction; remedies.
- 105.565 Complaint; service; jury trial; admissibility of reputation as evidence.
- 105.570 [Formerly 465.140; repealed by 1999 c.168 12]
- 105.575 Precedence of action on court docket.
- 105.580 Order of abatement; cancellation.
- 105.585 Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency.
- 105.590 Penalty for intentional violation of restraining order.
- 105.595 Action to abate nuisance not to affect other remedies; exception.
- 105.600 ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities.
- 105.605 Suits to determine adverse claims.
- 105.610 Suit to cancel patent of donee under Donation Law.
- 105.615 Action by tenant in common against cotenants.
- 105.618 Adverse possession of railroad property.
- 105.620 Acquiring title by adverse possession.
- 105.623 Short title.
- 105.624 Definitions for ORS 105.623 to 105.649.
- 105.625 [1975 c.622 8; repealed by 2001 c.245 19]
- 105.626 Scope.
- 105.627 [1975 c.622 1; 1981 c.56 1; repealed by 2001 c.245 19]
- 105.628 Effect on other law.
- 105.629 Power to disclaim; general requirements; when irrevocable.
- 105.630 [1975 c.622 2; 1981 c.56 2; 1983 c.740 10; 1997 c.813 1; repealed by 2001 c.245 19]
- 105.632 [1975 c.622 3; 1981 c.56 3; 1997 c.813 2; repealed by 2001 c.245 19]
- 105.633 Disclaimer of interest in property.
- 105.634 Disclaimer of rights of survivorship in jointly held property.
- 105.635 [1975 c.622 4; 1981 c.56 4; repealed by 2001 c.245 19]
- 105.636 Disclaimer of interest by trustee.
- 105.637 [1975 c.622 5; repealed by 2001 c.245 19]
- 105.638 Disclaimer of power of appointment or other power not held in fiduciary capacity.
- 105.639 Disclaimer by appointee, object or taker in default of exercise of power of appointment.
- 105.640 [1975 c.622 7; repealed by 2001 c.245 19]
- 105.641 Disclaimer of power held in fiduciary capacity.
- 105.642 Delivery or filing.
- 105.643 When disclaimer barred or limited.
- 105.645 Tax qualified disclaimer.
- Note: Section 30 (2), chapter 526, Oregon Laws 2011, provides:
- Sec. 30.
- 105.646 Recording of disclaimer.
- 105.647 Application to existing relationships.
- 105.648 Effect on recovery of money or property under ORS 411.620.
- 105.649 Uniformity of application and construction.
- 105.655 [1971 c.780 1; 1973 c.732 4; 1979 c.258 1; 1983 c.775 1; 1991 c.968 6; repealed by 1995 c.456 9]
- 105.660 [1971 c.780 2; 1973 c.732 3; repealed by 1995 c.456 9]
- 105.665 [1971 c.780 3; repealed by 1995 c.456 9] PUBLIC USE OF LANDS
- 105.668 Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way.
- 105.670 [1971 c.780 4; repealed by 1995 c.456 9]
- 105.672 Definitions for ORS 105.672 to 105.696.
- 105.675 [1971 c.780 5; 1987 c.708 4; repealed by 1995 c.456 9]
- 105.676 Public policy.
- 105.677 [1973 c.732 2; repealed by 1995 c.456 9]
- 105.680 [1971 c.780 6; repealed by 1995 c.456 9]
- 105.682 Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products.
- 105.685 [1979 c.434 1; 1985 c.375 1; repealed by 1995 c.456 9]
- 105.687 [1979 c.434 2; repealed by 1995 c.456 9]
- 105.688 Applicability of immunities from liability for owner of land; restrictions.
- 105.689 [1979 c.434 3; repealed by 1995 c.456 9]
- 105.691 [1979 c.434 4; repealed by 1995 c.456 9]
- 105.692 Right to continued use of land following permitted use; presumption of dedication or other rights.
- 105.693 [1979 c.434 5; repealed by 1995 c.456 9]
- 105.695 [1979 c.434 6; repealed by 1995 c.456 9]
- 105.696 Duty of care or liability not created; exercise of care required of person using land.
- 105.697 [1979 c.434 7; repealed by 1995 c.456 9]
- 105.699 Rules applicable to state lands.
- 105.700 Prohibiting public access to private land; notice requirements; damages.
- 105.705 Right to bring action; filing of judgment.
- 105.710 Pleadings.
- 105.715 Mode of proceeding.
- 105.718 Procedure for determining location of public land survey corner.
- 105.720 Oath and report of commissioners.
- 105.725 Proceedings on motion to confirm report.
- 105.755 State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation.
- 105.760 State or county liability for damages resulting from change of grade of streets; proceedings on cause of action.
- 105.770 Failure of contingency; application of extinguishment.
- 105.772 Preservation of future interests; filing of notice of intent required; limitation.
- 105.774 Exclusions from application of ORS 105.770 and 105.772.
- 105.805 Action for waste.
- 105.810 Treble damages for injury to or removal of produce, trees or shrubs; costs and attorney fees; limitation on liability of contract logger.
- 105.815 When double damages are awarded for trespass; exception.
- 105.820 Remedy of tenants in common.
- 105.825 Action for injury to inheritance.
- 105.830 [1981 c.841 1; repealed by 1989 c.693 21]
- 105.831 Damages for injury to mining claim.
- 105.834 Owner s immunity from liability for theft of metal property.
- 105.835 [1981 c.841 2; repealed by 1989 c.693 21] CARBON MONOXIDE ALARMS IN DWELLINGS
- 105.836 Definitions for ORS 105.836 to 105.842 and 476.725.
- 105.838 Carbon monoxide alarm in dwelling.
- 105.840 Action by purchaser for failure of seller to install carbon monoxide alarm.
- 105.842 Tampering with carbon monoxide alarm.
- 105.844 Short title.
- 105.848 Radon information for potential buyers of one and two family dwellings.
- 105.850 Commercial property defined.
- 105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property.
- 105.860 Cause of action against city for compensation; appeal procedure; intervention.
- 105.865 Apportioning compensation among property owners; termination of city liability.
- 105.870 Limitation on commencement of action.
- 105.880 Conveyance prohibiting use of solar energy systems void.
- 105.885 Definitions for ORS 105.885 to 105.895.
- 105.890 Solar energy easement appurtenant; termination.
- 105.895 Requirements for easement creation by instrument; recordation.
- 105.900 Wind energy easement defined.
- 105.905 Wind energy easement appurtenant; termination.
- 105.910 Requirements for easement creation by instrument; recordation.
- 105.915 Instrument creating lease or lease option of real property for wind energy conversion system may be recorded; requirements.
- 105.920 Joint tenancy in personal property; creation.
- 105.925 Definitions for ORS 105.925 to 105.945.
- 105.928 Ownership of recorded data.
- 105.932 Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions.
- 105.935 Court order for retrieval or use of data by law enforcement officers or certain emergency service providers.
- 105.938 Court order for retrieval or use of data by insurer.
- 105.942 Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair.
- 105.945 Exempted data.
- 105.950 Statutory rule against perpetuities.
- 105.955 When nonvested property interest or power of appointment created.
- 105.960 Reformation.
- 105.965 Exclusions from statutory rule against perpetuities.
- 105.970 Prospective application.
- 105.975 Short title; application and construction; supersession and repeal of common law.
- 105.980 Xeriscaping.
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