Causes of unlawful holding by force
- • action for return of possession
(1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110 (Action for forcible entry or wrongful detainer), 105.123 (Complaint) and 105.126 (Form of complaint if ORS chapter 90 does not apply):
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days.
(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120 (Notice necessary to maintain action in certain cases), or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement.
(c) When the owner or possessor of a recreational vehicle that was placed or driven onto property without the prior consent of the property owner, operator or tenant fails to remove the recreational vehicle. The property owner or operator is not required to serve a notice to quit the property before commencing an action under ORS 105.126 (Form of complaint if ORS chapter 90 does not apply) against a recreational vehicle owner or possessor holding property by force as described in this paragraph.
(d) When the person in possession of a premises remains in possession after the time when a purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946 (Possession after sale) or 86.782 (Sale of property).
(e) When the person in possession of a premises remains in possession after the time when a deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the premises.
(f) When the person in possession of a premises remains in possession after the time when a seller is entitled to possession in accordance with the provisions of ORS 93.930 (Recording affidavit after forfeiture) (2)(c) or pursuant to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest in real property.
(g) When the person in possession of a premises remains in possession after the expiration of a valid notice terminating the persons right to occupy the premises pursuant to ORS 91.120 (Eviction of employee), 91.122 (Occupancy of dwelling unit by employee of resident of dwelling unit) or 91.130 (Eviction of purchaser or seller of property).
(2) In the case of a dwelling unit to which ORS chapter 90 applies:
(a) The following are causes of unlawful holding by force within the meaning of ORS 105.110 (Action for forcible entry or wrongful detainer) and 105.123 (Complaint):
(A) When the tenant or person in possession of any premises fails or refuses to pay rent within 72 hours or 144 hours, as the case may be, of the notice required by ORS 90.394 (Termination of tenancy for failure to pay rent).
(B) When a rental agreement by its terms has expired and has not been renewed, or when the tenant or person in possession remains in possession after a valid notice terminating the tenancy pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental agreement or ORS chapter 90.
(b) A landlord may not file an action for the return of possession of a dwelling unit based upon a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period provided in a notice terminating the tenancy.
(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as provided by ORS 90.385 (Retaliatory conduct by landlord) and 90.765 (Prohibitions on retaliatory conduct by landlord). [Amended by 1973 c.559 §34; 1977 c.365 §1; 1981 c.753 §5; 1995 c.559 §45; 2001 c.596 §47; 2003 c.378 §19; 2005 c.391 §28; 2007 c.653 §1; 2009 c.569 §2; 2009 c.638 §1]
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. Currency Information