ORS 105.121
Forms in action for possession of group recovery home
- limitation on issues
- attorney fees
(1)
A former tenant removed from a group recovery home under ORS 90.440 (Termination of tenancy in group recovery home) may bring an action for injunctive relief to recover possession if the removal was wrongful or in bad faith.(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 and served by personal delivery on the group recovery home house president or a person in an equivalent leadership position for the group recovery home.(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 dwelling unit described in the complaint.(e)
If the basis for the complaint is that removal was wrongful because the plaintiff did not use or possess alcohol, marijuana or illegal drugs, the defendant has the burden of proving that the plaintiff used or possessed alcohol, marijuana or illegal drugs as described in ORS 90.440 (Termination of tenancy in group recovery home) within seven days preceding delivery of the written notice of removal.(f)
A claim for damages may not be asserted by either party in the action for possession of the dwelling unit under this section, but each party may pursue any claim for damages in a separate action.(g)
A party may join an action for possession of the dwelling unit 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).(h)
If the court determines that the plaintiff is entitled to possession of the dwelling unit that is the subject of the complaint, the court shall enter an order directing the defendant to return possession of the dwelling unit to the plaintiff. The court may provide that the defendant have a period of time to deliver possession of the dwelling unit to the plaintiff.(i)
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). [2007 c.715 §5; 2017 c.21 §36]
Source:
Section 105.121 — Forms in action for possession of group recovery home; limitation on issues; attorney fees, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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