ORS 105.112
Action by tenant to recover personal property
- forms
(1)
A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter 90.(2)
An action under this section shall be governed by the provisions of ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) except that:(a)
The complaint shall be in substantially the following form and shall be available from the court clerk:(b)
The complaint shall 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.(c)
The answer shall be in substantially the following form and shall be available from the court clerk:(d)
The issue at trial shall be limited to whether the plaintiff is entitled to possession of the personal property listed in the complaint.(e)
No claim for damages shall be asserted by either party in the action for possession of the personal property under this section, but each party may pursue any claim for damages in a separate action.(f)
A party may join an action for possession of personal property with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings).(g)
If the court determines that the plaintiff is entitled to possession of the personal property that is the subject of the complaint, the court shall enter an order directing the sheriff to seize the personal property to which the court finds the plaintiff entitled, and to deliver that property to the plaintiff. The court may provide that the defendant have a period of time to deliver the property to the plaintiff voluntarily before execution. The costs of execution may be recovered in the manner provided in ORS 18.999 (Recovery of amounts related to attempts to recover debt or enforce judgment).(h)
Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS 90.255 (Attorney fees). [1989 c.506 §22; 1991 c.67 §21; 1997 c.577 §30; 2001 c.596 §46]
Source:
Section 105.112 — Action by tenant to recover personal property; forms, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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