2017 ORS 105.130¹
How action conducted
  • fees

(1) Except as provided in this section and ORS 105.135 (Service and return of summons), 105.137 (Effect of failure of party to appear) and 105.140 (Continuance) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice), an action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) shall be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $83;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.

(3) The court shall collect a filing fee of $83 from a defendant that demands a trial under this section.

(4) An action pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(5) Notwithstanding ORS 9.160 (Bar membership required to practice law), 9.320 (Necessity for employment of attorney) and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 (Action for forcible entry or wrongful detainer) through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(6) An action brought under ORS 105.110 (Action for forcible entry or wrongful detainer) by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (Causes of unlawful holding by force) (1)(d), (e) or (f) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (Causes of unlawful holding by force) (1)(d), (e) or (f), except that the complaint must be in the form prescribed in ORS 105.126 (Form of complaint if ORS chapter 90 does not apply). [Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8; 2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a; 2014 c.76 §11; 2017 c.663 §9]

Note: Section 10, chapter 663, Oregon Laws 2017, provides:

Sec. 10. (1) The amendments to ORS 21.010 (Appellate court filing fees), 21.135 (Standard filing fee), 21.145 (Simple proceeding filing fee), 21.155 (Domestic relations filing fee), 21.160 (Filing fee for tort and contract actions), 21.170 (Probate filing fees and accounting fees), 21.180 (Conservatorship filing fees and accounting fees), 24.135 (Grounds for staying enforcement of judgment), 46.570 (Fees) and 105.130 (How action conducted) by sections 1 to 9 of this 2017 Act apply to filings made on or after October 1, 2017.

(2) If a civil action or proceeding is filed before October 1, 2017, and an answer or other first appearance is not filed in the proceeding until on or after October 1, 2017, the person filing the answer or other first appearance must pay the appropriate fee prescribed in ORS 21.010 (Appellate court filing fees), 21.135 (Standard filing fee), 21.145 (Simple proceeding filing fee), 21.155 (Domestic relations filing fee), 21.160 (Filing fee for tort and contract actions), 21.165 (Third-party complaints), 21.170 (Probate filing fees and accounting fees), 21.175 (Guardianship filing fees), 21.180 (Conservatorship filing fees and accounting fees), 46.570 (Fees) and 105.130 (How action conducted), as in effect on October 1, 2017.

(3) Notwithstanding ORS 21.105 (Caption of pleading) and 21.160 (Filing fee for tort and contract actions), if an action or proceeding based on a tort or contract is filed before October 1, 2017, and the complaint or any other pleading filed in the proceeding is amended on or after October 1, 2017, to increase the amount claimed, the person filing the amended pleading must pay an additional filing fee if the filing fee under ORS 21.160 (Filing fee for tort and contract actions) is greater than the filing fee previously paid. The amount of the additional filing fee is equal to the difference between the filing fee previously paid and the filing fee provided by ORS 21.160 (Filing fee for tort and contract actions) for the amount claimed.

(4) Notwithstanding ORS 21.105 (Caption of pleading), 21.170 (Probate filing fees and accounting fees) and 21.180 (Conservatorship filing fees and accounting fees), if a petition for the appointment of a personal representative or the initial documents for a conservatorship proceeding are filed before October 1, 2017, and the inventory filed in the proceeding is amended to increase the value of the estate on or after October 1, 2017, the person filing the amended pleading must pay an additional filing fee that is equal to the difference between the filing fee that was paid by the party when the original pleading was filed and the filing fee that would have been collected under ORS 21.170 (Probate filing fees and accounting fees) or 21.180 (Conservatorship filing fees and accounting fees) if the amount had been pleaded in the original pleading. [2017 c.663 §10]

Notes of Decisions

Court did not err in allowing plaintiff to amend its complaint to replace short version of its name with full version because nothing in this sec­tion forbids amend­ment to provide more complete descrip­tion of landlord’s business name. Willamette Landing Apart­ments v. Burnett, 280 Or App 703, 382 P3d 512 (2016), modified 282 Or App 814, 387 P3d 501 (2016), Sup Ct review denied

Atty. Gen. Opinions

Condi­tions under which an attorney may appear, (1976) Vol 38, p 184

Law Review Cita­tions

16 WLR 271 (1979)

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.