Property Rights

ORS 105.165
Alternative method of removing, storing and disposing of tenant’s personal property

  • requirements
  • landlord liability


(1)

If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice), the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises as provided in ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility).

(2)

If ORS chapter 90 does not apply to a premises, the plaintiff or landlord shall remove, store and dispose of any personal property left by the defendant or tenant upon the premises following recovery of possession of the premises by the plaintiff or landlord:

(a)

Pursuant to any landlord’s lien available under ORS 87.162 (Landlord’s lien);

(b)

As provided by any rental agreement between the plaintiff or landlord and the defendant or tenant; or

(c)

At the plaintiff or landlord’s discretion, by following the process described in ORS 90.425 (Disposition of personal property abandoned by tenant) (2), (3) and (5) to (11) and (13) to (16) except that:

(A)

The plaintiff or landlord may require payment of any amount owed by the defendant or tenant to the plaintiff or landlord prior to allowing the defendant or tenant to remove or recover the personal property if the payment requirement is stated in the written notice; and

(B)

ORS 90.425 (Disposition of personal property abandoned by tenant) may be applied to address only the rights and obligations of the plaintiff or landlord and defendant or tenant in the personal property and not the rights of other parties.

(3)

Any cost incurred by the plaintiff for execution pursuant to ORS 105.151 (Enforcement of judgment of restitution) or 105.158 (Service of notice of restitution) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice) or for removal, storage or sale of the defendant’s property under this section and not recovered pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (13) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (13) shall be added to the judgment.

(4)

If the plaintiff fails to permit the defendant to recover possession of the defendant’s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 §9; 1989 c.506 §23; 1989 c.910 §5; 1993 c.369 §18; 1995 c.559 §51; 1997 c.577 §39; 2001 c.596 §48; 2003 c.378 §32; 2003 c.658 §10]

Notes of Decisions

Notice stating landlord would provide access for removal of property did not satisfy requirement of notifying tenant that property was available for removal without payment of storage charge. Taylor v. Hayden Island Mobile Home Park, 123 Or App 318, 859 P2d 1173 (1993)

§§ 105.105 to 105.165

Notes of Decisions

Provisions for early trial, posting of security for accruing rent during continuance and restriction of triable issues do not violate Due Process or Equal Protection clauses of federal constitution. Lindsey v. Normet, 405 US 56, 92 S Ct 862, 31 L Ed 36 (1972)

Proceedings under the Oregon forcible entry and detainer law, including proceedings against nonresident defendants, are not subject to the general statutes relating to service of process. Lexton-Ancira, Inc. v. Kay, 269 Or 1, 522 P2d 875 (1974)

A forcible entry and detainer proceeding is a "local action" for choice of law purposes. Fry v. D.H. Overmyer Co., 269 Or 281, 525 P2d 140 (1974)

the Defendant Did not State Good Affirmative Defenses By Alleging

a violation of public policy forbidding a franchisor to refuse to renew a franchise except for good cause; A "retaliatory eviction" for a refusal to engage in improper business practices; and an implied agreement to renew based upon conduct and prior dealings. William C. Cornitius, Inc., v. Wheeler, 276 Or 747, 556 P2d 666 (1976)

In forcible entry and detainer action to recover possession of commercial property, claim for attorney fees could not be litigated. Grove v. The Hindquarter Corp., 45 Or App 781, 609 P2d 840 (1980)

In forcible entry and detainer action for possession of commercial premises, landlords could not recover attorney fees. Owen J. Jones & Son, Inc. v. Gospodinovic, 46 Or App 101, 610 P2d 1238 (1980)

Equitable defense may be raised in FED proceeding. Rose v. Webster, 51 Or App 293, 625 P2d 1329 (1981)

In FED action to recover commercial property, defendant cannot assert counterclaim unless counterclaim is authorized by statute. Class v. Carter, 293 Or 147, 645 P2d 536 (1982)

Law Review Citations

16 WLR 291 (1979)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Source

Last accessed
Jun. 26, 2021