Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit
- • retention of possession by victim
In an action for possession of a dwelling unit to which ORS chapter 90 applies:
(1) If the defendant raises a defense under ORS 90.449 (Landlord discrimination against victim) based upon the defendants status as a victim of domestic violence, sexual assault or stalking and the perpetrator is a tenant of the dwelling unit, the court may issue an order terminating the tenancy of the perpetrator and ordering the perpetrator to vacate the dwelling unit without terminating the tenancy of the other tenants and without awarding possession to the plaintiff.
(2) If the action is based upon a notice terminating the tenancy of a perpetrator under ORS 90.445 (Termination of tenant committing criminal act of physical violence), the court may issue an order upholding the termination of the perpetrators tenancy and ordering the perpetrator to vacate the dwelling unit without the tenancy of the other tenants being terminated and without awarding possession to the plaintiff.
(3) If a court issues an order described in subsection (1) or (2) of this section, the court may enter judgment in favor of the plaintiff against the perpetrator. The plaintiff may enforce the judgment against the perpetrator as provided in ORS 105.151 (Enforcement of judgment of restitution), but may not enforce the judgment against any other tenant of the dwelling unit. The sheriff shall remove only the perpetrator from the dwelling unit. The sheriff may not return possession of the dwelling unit to the plaintiff. [2007 c.508 §6]
Note: 105.128 (Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit) was added to and made a part of 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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