ORS chapter 105 contains the court process for evictions, called forcible entry and wrongful detainer (FED). ORS 90 decides whether and when a tenancy can be ended; chapter 105 is how the court then returns possession to the landlord.
Quick reference
Common park-management tasks, the sections that govern them, the MHCO forms that go with them and the articles that explain them.
| Task | ORS sections | MHCO forms | Articles |
|---|---|---|---|
| File an eviction (FED) case | 105.110, 105.123, 105.124 | Notice of Eviction for Non-Payment of Rent | FED, Evictions |
| Serve the summons | 105.113, 105.135 | — | Litigation |
| Stipulated agreements (settlements) | 105.145, 105.146 | — | Settlements |
| Get possession back after judgment | 105.151, 105.161 | — | Evictions |
| Remove a perpetrator of domestic violence | 105.128 | — | Criminal Behavior |
How an eviction case moves through court
- Serve the right notice under ORS 90 (for example a nonpayment notice under 90.394 or a for-cause notice under 90.630). The court case depends on it.
- File the complaint for forcible entry and wrongful detainer (FED) in circuit court, using the form in 105.124 when ORS 90 applies.
- Serve the summons and complaint as 105.135 requires.
- First appearance. If the tenant does not appear, the landlord can get a judgment (105.137); if they do, the case may settle with a stipulated agreement (105.145) or go to trial.
- Judgment and restitution. After judgment, the landlord gets a notice of restitution and, if needed, a writ of execution that the sheriff enforces (105.151 to 105.161).
Forcible entry and wrongful detainer (FED)
The court procedure for evictions: who can file, the required complaint and summons forms, service, first appearance, counterclaims, trial, stipulated agreements, judgments and how possession is finally restored.
Starting the case
- 105.105 Entry to be lawful and peaceable only
- 105.110 Action for forcible entry or wrongful detainer
- 105.113 Form of summons
- 105.115 Causes of unlawful holding by force
- 105.120 Notice necessary to maintain action in certain cases
- 105.123 Complaint
- 105.124 Form of complaint if ORS chapter 90 applies
- 105.128 Landlord action to remove perpetrator of domestic violence, sexual assault or stalking
Service, appearance and trial
- 105.130 How action conducted; fees
- 105.132 Assertion of counterclaim
- 105.135 Service and return of summons
- 105.136 Form of notice to tenants regarding rental and eviction assistance
- 105.137 Effect of failure of party to appear
- 105.140 Continuance
- 105.145 Judgment on trial by court; stipulated agreement
Judgment and possession
- 105.146 Failure of defendant to perform as ordered; judgment of restitution
- 105.151 Enforcement of judgment of restitution; notice of restitution
- 105.158 Service of notice of restitution
- 105.159 Computation of time before plaintiff may request writ of execution
- 105.161 Service and enforcement of writ of execution
- 105.163 Setting aside judgment upon motion of tenant
- 105.165 Alternative method of removing, storing and disposing of tenant's personal property
Other parts of chapter 105
The rest of the chapter covers other property disputes: recovering real property, partition, nuisances, quiet title, boundaries, easements and similar matters. Two parts occasionally matter to parks: nuisance abatement (105.550 to 105.600) and housing receivership for buildings that threaten health or safety (105.420 to 105.455).