2013 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 105 - Property Rights
Section 105.124 - Form of complaint if ORS chapter 90 applies.


OR Rev Stat § 105.124 (2013) What's This?

For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit:

(1) The complaint must be in substantially the following form and be available from the clerk of the court:

______________________________________________________________________________

_________

No. _____

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 or 144-hour notice for nonpayment of rent. ORS 90.394.

___ 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).

___ 20-day notice for a repeat violation. ORS 90.630 (4).

___ 30-day, 60-day or 180-day notice without stated cause in a month-to-month tenancy. ORS 90.427 (3) or (4) or 90.429.

___ 30-day notice with stated cause. ORS 90.392, 90.630 or 90.632.

___ 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) _________

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. [2001 c.596 §5 (105.123, 105.124 and 105.126 enacted in lieu of 105.125); 2005 c.22 §80; 2005 c.391 §29; 2007 c.508 §13; 2009 c.431 §3; 2011 c.510 §3]

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