ORS
105.165¹
Alternative method of removing, storing and disposing of tenants personal property
- • requirements
- • landlord liability
(1) If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice), the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises 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).
(2) If ORS chapter 90 does not apply to a premises, the plaintiff or landlord shall remove, store and dispose of any personal property left by the defendant or tenant upon the premises following recovery of possession of the premises by the plaintiff or landlord:
(a) Pursuant to any landlords lien available under ORS 87.162 (Landlords lien);
(b) As provided by any rental agreement between the plaintiff or landlord and the defendant or tenant; or
(c) At the plaintiff or landlords discretion, by following the process described in ORS 90.425 (Disposition of personal property abandoned by tenant) (2), (3) and (5) to (11) and (13) to (16) except that:
(A) The plaintiff or landlord may require payment of any amount owed by the defendant or tenant to the plaintiff or landlord prior to allowing the defendant or tenant to remove or recover the personal property if the payment requirement is stated in the written notice; and
(B) ORS 90.425 (Disposition of personal property abandoned by tenant) may be applied to address only the rights and obligations of the plaintiff or landlord and defendant or tenant in the personal property and not the rights of other parties.
(3) Any cost incurred by the plaintiff for execution pursuant to ORS 105.151 (Enforcement of judgment of restitution) or 105.158 (Service of notice of restitution) to 105.161 (Service and enforcement of writ of execution and eviction trespass notice) or for removal, storage or sale of the defendants property under this section and not recovered pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (13) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (13) shall be added to the judgment.
(4) If the plaintiff fails to permit the defendant to recover possession of the defendants personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 §9; 1989 c.506 §23; 1989 c.910 §5; 1993 c.369 §18; 1995 c.559 §51; 1997 c.577 §39; 2001 c.596 §48; 2003 c.378 §32; 2003 c.658 §10]
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