(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 or 90.403.
___ 24-hour or 48-hour notice for
violation of a drug or alcohol
program. ORS 90.398.
___ 24-hour notice for perpetrating
domestic violence, sexual assault or
stalking. ORS 90.445.
___ 72-hour or 144-hour notice for
nonpayment of rent. ORS 90.394.
___ 7-day notice with stated cause in
a week-to-week tenancy. ORS 90.392 (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 (5),
90.405 or 90.427 (2).
___ 20-day notice for a repeat violation.
ORS 90.630 (5).
___ 30-day, 60-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (3)(b) or (8)(a)(B)
or (C) or 90.429.
___ 30-day notice with stated cause.
ORS 90.392, 90.630 or 90.632.
___ 60-day notice with stated cause.
ORS 90.632.
___ 90-day notice with stated cause.
ORS 90.427 (5) or (7).
___ Notice to bona fide tenants after
foreclosure sale or termination of
fixed term tenancy after foreclosure
sale. ORS 86.782 (6)(c).
___ 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 and 105.137 (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, 105.124 and 105.126 enacted in lieu of 105.125); 2005 c.22 §80; 2005 c.391 §29; 2007 c.508 §13; 2009 c.431 §3; 2011 c.510 §3; 2017 c.324 §4; 2019 c.1 §8; 2019 c.625 §67; 2020 s.s.3 c.3 §§15,21]
Note: The amendments to 105.124 by section 21, chapter 3, Oregon Laws 2020 (third special session), become operative March 1, 2022. See section 22, chapter 3, Oregon Laws 2020 (third special session), as amended by section 4, chapter 39, Oregon Laws 2021. The text that is operative until March 1, 2022, including amendments by section 15, chapter 3, Oregon Laws 2020 (third special session), is set forth for the user’s convenience. For a complaint described in ORS 105.123, 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 or 90.403.
___ 24-hour or 48-hour notice for
violation of a drug or alcohol
program. ORS 90.398.
___ 24-hour notice for perpetrating
domestic violence, sexual assault or
stalking. ORS 90.445.
___ 7-day notice with stated cause in
a week-to-week tenancy. ORS 90.392 (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 (5),
90.405 or 90.427 (2).
___ 10-day or 13-day notice for nonpayment
of rent. ORS 90.394.*
___ 20-day notice for a repeat violation.
ORS 90.630 (5).
___ 30-day, 60-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (3)(b) or (8)(a)(B)
or (C) or 90.429.
___ 30-day notice with stated cause.
ORS 90.392, 90.630 or 90.632.*
___ 60-day notice with stated cause.
ORS 90.632.
___ 90-day notice with stated cause.
ORS 90.427 (5) or (7).
___ Notice to bona fide tenants after
foreclosure sale or termination of
fixed term tenancy after foreclosure
sale. ORS 86.782 (6)(c).
___ Other notice _________
___ No notice (explain) _________
A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED
*If the notice is for nonpayment of rent or other charges or fees and was given on or before June 30, 2021, the landlord must attach a copy of the declaration of compliance required under section 7 (5), chapter 3, Oregon Laws 2020 (third special session), to this complaint.
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 and 105.137 (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.
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 105.005 - Right of action; recovery; damages.
Section 105.010 - Contents of complaint.
Section 105.040 - Order to make survey.
Section 105.055 - Conclusiveness of judgment.
Section 105.111 - Stay of eviction for state service member.
Section 105.112 - Action by tenant to recover personal property; forms.
Section 105.113 - Form of summons.
Section 105.115 - Causes of unlawful holding by force; action for return of possession.
Section 105.124 - Form of complaint if ORS chapter 90 applies.
Section 105.126 - Form of complaint if ORS chapter 90 does not apply.
Section 105.130 - How action conducted; fees.
Section 105.135 - Service and return of summons; posting; contents; use of facsimile.
Section 105.138 - Compelling arbitration; procedure.
Section 105.140 - Continuance.
Section 105.145 - Judgment on trial by court; duties of parties to stipulated agreement.
Section 105.146 - Failure of defendant to perform as ordered; judgment of restitution.
Section 105.149 - Hearing on compliance with order.
Section 105.151 - Enforcement of judgment of restitution; notice of restitution.
Section 105.152 - Form of notice of restitution for judgment entered under ORS 105.146.
Section 105.153 - Form of notice of restitution for judgment not entered under ORS 105.146.
Section 105.156 - Form of writ of execution for judgment of restitution.
Section 105.157 - Form of eviction trespass notice.
Section 105.158 - Service of notice of restitution.
Section 105.159 - Computation of time before plaintiff may request writ of execution.
Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
Section 105.163 - Setting aside judgment.
Section 105.170 - Definitions for ORS 105.170 to 105.185.
Section 105.175 - Easement to be kept in repair; sharing costs; agreements.
Section 105.180 - Action for failure to comply with duty of holder; recovery of costs; arbitration.
Section 105.185 - Application of ORS 105.170 to 105.185.
Section 105.200 - Request for itemized statement.
Section 105.210 - When and how partition prevented.
Section 105.260 - Power of court over report; final judgment.
Section 105.285 - Distribution of proceeds of sale.
Section 105.330 - Rules for determining value of certain estates.
Section 105.405 - Costs and expenses of partition.
Section 105.420 - Findings; policy.
Section 105.425 - Definitions for ORS 105.420 to 105.455.
Section 105.440 - Report of abatement expenditures; court approval; lien.
Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
Section 105.450 - Termination of receivership.
Section 105.462 - Definitions for ORS 105.462 to 105.490.
Section 105.464 - Form of seller’s property disclosure statement.
Section 105.465 - Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
Section 105.470 - Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
Section 105.475 - Buyer’s statement of revocation of offer; criteria.
Section 105.480 - Representations in disclosure statement; application.
Section 105.550 - Definitions for ORS 105.550 to 105.600.
Section 105.555 - Places declared nuisances subject to abatement.
Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.
Section 105.565 - Complaint; service; jury trial; admissibility of reputation as evidence.
Section 105.580 - Order of abatement; cancellation.
Section 105.597 - Places declared nuisances per se.
Section 105.620 - Acquiring title by adverse possession.
Section 105.624 - Definitions for ORS 105.623 to 105.649.
Section 105.628 - Effect on other law.
Section 105.629 - Power to disclaim; general requirements; when irrevocable.
Section 105.633 - Disclaimer of interest in property.
Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
Section 105.638 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
Section 105.641 - Disclaimer of power held in fiduciary capacity.
Section 105.642 - Delivery or filing.
Section 105.643 - When disclaimer barred or limited.
Section 105.672 - Definitions for ORS 105.672 to 105.696.
Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
Section 105.700 - Prohibiting public access to private land; notice requirements; damages.
Section 105.705 - Right to bring action; filing of judgment.
Section 105.718 - Procedure for determining location of public land survey corner.
Section 105.770 - Failure of contingency; application of extinguishment.
Section 105.772 - Preservation of future interests; filing of notice of intent required; limitation.
Section 105.774 - Exclusions from application of ORS 105.770 and 105.772.
Section 105.780 - Notice of substantial damage from flooding to residential structures.
Section 105.815 - When double damages are awarded for trespass; exception.
Section 105.834 - Owner’s immunity from liability for theft of metal property.
Section 105.836 - Definitions for ORS 105.836 to 105.842 and 476.725.
Section 105.838 - Carbon monoxide alarm in dwelling.
Section 105.842 - Tampering with carbon monoxide alarm.
Section 105.848 - Radon information for potential buyers of one and two family dwellings.
Section 105.865 - Apportioning compensation among property owners; termination of city liability.
Section 105.880 - Conveyance prohibiting use of solar energy systems void.
Section 105.885 - Definitions for ORS 105.885 to 105.895.
Section 105.890 - Solar energy easement appurtenant; termination.
Section 105.895 - Requirements for easement creation by instrument; recordation.
Section 105.905 - Wind energy easement appurtenant; termination.
Section 105.910 - Requirements for easement creation by instrument; recordation.
Section 105.925 - Definitions for ORS 105.925 to 105.945.
Section 105.938 - Court order for retrieval or use of data by insurer.
Section 105.950 - Statutory rule against perpetuities.
Section 105.955 - When nonvested property interest or power of appointment created.
Section 105.960 - Reformation.
Section 105.965 - Exclusions from statutory rule against perpetuities.
Section 105.970 - Prospective application.
Section 105.975 - Short title; application and construction; supersession and repeal of common law.