2007 ORS 105.124¹
Form of complaint if ORS chapter 90 applies

For a complaint described in ORS 105.123 (Complaint), if ORS chapter 90 applies to the dwelling unit:

(1) The complaint must be in substantially the following form and be available from the clerk of the court:

______________________________________________________________________________

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

No. _____

RESIDENTIAL EVICTION COMPLAINT

PLAINTIFF (Landlord or agent):

__________________

__________________

Address: ______________

City: ______________

State:_________ Zip: ______

Telephone: _________

vs.

DEFENDANT (Tenants/Occupants):

__________________

__________________

MAILING ADDRESS: ___________

City: ______________

State:_________ Zip: ______

Telephone: _________

1.

Tenants are in possession of the dwelling unit, premises or rental property described above or located at:

_____________________

2.

Landlord is entitled to possession of the property because of:

___ 24-hour notice for personal injury, substantial damage, extremely outrageous act or unlawful occupant. ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.403 (Taking possession of premises from unauthorized possessor).

___ 24-hour or 48-hour notice for violation of a drug or alcohol program. ORS 90.398 (Termination of rental agreement for drug or alcohol violations).

___ 24-hour notice for perpetrating domestic violence, sexual assault or stalking. ORS 90.445 (Termination of tenant committing criminal act of physical violence).

___ 72-hour or 144-hour notice for nonpayment of rent. ORS 90.394 (Termination of rental agreement for failure to pay rent).

___ 7-day notice with stated cause in a week-to-week tenancy. ORS 90.392 (Termination of rental agreement by landlord for cause) (6).

___ 10-day notice for a pet violation, a repeat violation in a month-to-month tenancy or without stated cause in a week-to-week tenancy. ORS 90.392 (Termination of rental agreement by landlord for cause) (5), 90.405 (Effect of tenant keeping unpermitted pet) or 90.427 (Termination of periodic tenancies) (1).

___ 20-day notice for a repeat violation. ORS 90.630 (Termination by landlord) (4).

___ 30-day or 180-day notice without stated cause in a month-to-month tenancy. ORS 90.427 (Termination of periodic tenancies) (2) or 90.429 (Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.840).

___ 30-day notice with stated cause. ORS 90.392 (Termination of rental agreement by landlord for cause), 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home).

___ Other notice _________

___ No notice (explain) _________

A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED

3.

If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the landlord can collect attorney fees from the defendant pursuant to ORS 90.255 (Attorney fees) and 105.137 (Effect of failure of party to appear) (3).

Landlord requests judgment for possession of the premises, court costs, disbursements and attorney fees.

I certify that the allegations and factual assertions in this complaint are true to the best of my knowledge.

__________________

Signature of landlord or agent.

______________________________________________________________________________

(2) The complaint must 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.

(3) A copy of the notice relied upon, if any, must be attached to the complaint. [2001 c.596 §5 (105.123 (Complaint), 105.124 (Form of complaint if ORS chapter 90 applies) and 105.126 (Form of complaint if ORS chapter 90 does not apply) enacted in lieu of 105.125); 2005 c.22 §80; 2005 c.391 §29; 2007 c.508 §13]

Note: Section 18, chapter 508, Oregon Laws 2007, provides:

Sec. 18. Notwithstanding the amendments to ORS 105.124 (Form of complaint if ORS chapter 90 applies) by section 13 of this 2007 Act, prior to January 1, 2009, a clerk of the court may use either the complaint form set forth in ORS 105.124 (Form of complaint if ORS chapter 90 applies) as published in the 2005 Edition of Oregon Revised Statutes or the form set forth in ORS 105.124 (Form of complaint if ORS chapter 90 applies) as amended and in effect on the effective date of this 2007 Act [January 1, 2008]. [2007 c.508 §18]

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/­105.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­105ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.