Service and enforcement of writ of execution and eviction trespass notice
Source:
Section 105.161 — Service and enforcement of writ of execution and eviction trespass notice, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
Where tenant’s filing of supersedeas undertaking on appeal to stay judgment of forcible entry and detainer forces unwanted occupancy of landlord’s premises, and landlord’s receipt of payment before outcome of appeal would cause forcible entry and detainer judgment to become unenforceable, this statute does not govern. This statute must be construed together with ORS 19.335 to avoid prejudice to either party and should not be construed to require delay in payment of value of tenant’s holdover occupancy until end of appeal, nor should it mean that landlord’s receipt of payments should cause landlord to forfeit landlord’s recovery of premises. Willamette Landing Apartments v. Burnett, 282 Or App 814, 387 P3d 501 (2016)
This section, when read with ORS 19.335, allows tenant to remain in possession of property, despite landlord’s wishes and contrary to forcible entry and detainer judgment, in exchange for immediate undertaking to assure payment of value of unwanted use and occupancy of property during appeal regardless of outcome of appeal. Willamette Landing Apartments v. Burnett, 282 Or App 814, 387 P3d 501 (2016)