2011 ORS § 105.126¹

Form of complaint if ORS chapter 90 does not apply

For a complaint described in ORS 105.123 (Complaint), if ORS chapter 90 does not apply to the premises:

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

______________________________________________________________________________

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

EVICTION COMPLAINT

(Tenancy not covered by ORS chapter 90)

No. _____

(Landlord),

Plaintiff(s)

vs.

(Tenant),

Defendant(s)

Defendant is in possession of the following premises:

__________________

__________________(city)

Defendant entered upon the premises with force or is unlawfully holding the premises with force.

Plaintiff is entitled to possession of the premises, because:

_____ 30-day notice (month-to-month

tenancy)

_____ 30-day notice (cause)

_____ Notice to bona fide tenants after

foreclosure sale or termination of

fixed term tenancy after foreclosure

sale. ORS 86.755 (Sale of property) (6)(c).

_____ Other notice (explain) ________

_____ No notice (explain) _________

A COPY OF ANY NOTICE RELIED UPON IS ATTACHED

Wherefore, plaintiff prays for possession of the premises, costs and disbursements and attorney fees, if applicable.

__________________

Plaintiff

______________________________________________________________________________

(2) A copy of the notice relied upon, if any, must be attached to the complaint. [2001 c.596 §6 (105.123 (Complaint), 105.124 (Form of complaint if ORS chapter 90 applies) and 105.126 (Form of complaint if ORS chapter 90 does not apply) enacted in lieu of 105.125); 2003 c.378 §20; 2011 c.510 §4]

Note: See note under 105.124 (Form of complaint if ORS chapter 90 applies).

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)

2011 ORS § 105.126¹ Form of complaint if ORS chapter 90 does not apply

2011 ORS § 105.126¹

Form of complaint if ORS chapter 90 does not apply