2017 ORS 105.112¹
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:

______________________________________________________________________________

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Tenant), )

)

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

COMPLAINT FOR RETURN

OF PERSONAL PROPERTY

I

Defendant(s) (is) (are) in possession of the following personal property belonging to the plaintiff(s):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

See attached list.

II

Defendant(s) took the personal property alleged in paragraph I from premises rented by plaintiff(s) from defendant(s) at:

______________ (street and number)

______________ (city)

______________ (county)

III

Plaintiff(s) (is) (are) entitled to possession of the personal property because:

______Defendant(s) took the personal property wrongfully because plaintiff(s) had not abandoned the property, and because either there was no court order awarding defendant(s) possession of the premises or the plaintiff(s) (was) (were) not continuously absent from the premises for seven days after such an order when defendant(s) removed the personal property.

______Defendant(s) lawfully took possession of the personal property after enforcement of a court order for possession of the premises pursuant to ORS 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property), but refused to return the personal property to plaintiff(s) without payment although plaintiff(s) demanded return of the property within the time provided by ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility).

______Defendant(s) lawfully took possession of the personal property pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice), but refused to return the personal property to plaintiff(s) although plaintiff(s) offered payment of all sums due for storage and any costs of removal of the personal property and demanded return of the property within the time provided by ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility).

______Other: ______________

______________________________________________________________________________

______________________________________________________________________________

Wherefore, plaintiff(s) pray(s) for possession of the personal property and costs and disbursements incurred herein.

________ ______________

Date Signature of Plaintiff(s)

______________________________________________________________________________

(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:

______________________________________________________________________________

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Tenant), )

)

Plaintiff(s), )

)

vs. ) No.___

)

(Landlord), )

)

Defendant(s). )

I (we) deny that the plaintiff(s) is (are) entitled to possession of the personal property subject of the complaint because:

______The defendant(s) did not take and do not have possession of any of the property listed in the complaint.

______The defendant(s) took possession of the personal property 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) after giving written notice that it was considered abandoned, and the plaintiff(s) did not make a timely demand for return of the property.

______The defendant(s) took possession of the personal property 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) after giving written notice that it was considered abandoned, but not after a sheriff’s enforcement of an eviction judgment against the plaintiff(s) as provided in ORS 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property), and the plaintiff(s) refused to pay charges lawfully due for storage.

______Other: ______________

______________________________________________________________________________

______________________________________________________________________________

I (we) ask that the plaintiff(s) take nothing by the complaint and that I (we) be awarded my (our) costs and disbursements.

________ ______________

Date Signature of defendant(s)

______________________________________________________________________________

(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 expenses incurred in enforcing judgment and certain other monetary obligations).

(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]

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

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.