Oregon Statutes 105.112 – Action by tenant to recover personal property; forms
(1) A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS Chapter 90.
Terms Used In Oregon Statutes 105.112
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) An action under this section shall be governed by the provisions of ORS § 105.100 to 105.168 except that:
(a) The complaint shall be in substantially the following form and shall be available from the court clerk:
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Defendant(s) (is) (are) in possession of the following personal property belonging to the plaintiff(s):
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Defendant(s) took the personal property alleged in paragraph I from premises rented by plaintiff(s) from defendant(s) at:
______________(street and number)
______________(city)
______________(county)
Plaintiff(s) (is) (are) entitled to possession of the personal property because:
______ Defendant(s) took the personal property wrongfully because plaintiff(s) had not abandoned the property, and because either there was no court order awarding defendant(s) possession of the premises or the plaintiff(s) (was) (were) not continuously absent from the premises for seven days after such an order when defendant(s) removed the personal property.
______ Defendant(s) lawfully took possession of the personal property after enforcement of a court order for possession of the premises pursuant to ORS § 105.165, but refused to return the personal property to plaintiff(s) without payment although plaintiff(s) demanded return of the property within the time provided by ORS § 90.425 or 90.675.
______ Defendant(s) lawfully took possession of the personal property pursuant to ORS § 105.161, but refused to return the personal property to plaintiff(s) although plaintiff(s) offered payment of all sums due for storage and any costs of removal of the personal property and demanded return of the property within the time provided by ORS § 90.425 or 90.675.
______ Other: ______________
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Wherefore, plaintiff(s) pray(s) for possession of the personal property and costs and disbursements incurred herein.
(b) The complaint shall 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.
(c) The answer shall be in substantially the following form and shall be available from the court clerk:
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I (we) deny that the plaintiff(s) is (are) entitled to possession of the personal property subject of the complaint because:
______ The defendant(s) did not take and do not have possession of any of the property listed in the complaint.
______ The defendant(s) took possession of the personal property as provided in ORS § 90.425 or 90.675 after giving written notice that it was considered abandoned, and the plaintiff(s) did not make a timely demand for return of the property.
______ The defendant(s) took possession of the personal property as provided in ORS § 90.425 or 90.675 after giving written notice that it was considered abandoned, but not after a sheriff’s enforcement of an eviction judgment against the plaintiff(s) as provided in ORS § 105.165, and the plaintiff(s) refused to pay charges lawfully due for storage.
______ Other: ______________
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I (we) ask that the plaintiff(s) take nothing by the complaint and that I (we) be awarded my (our) costs and disbursements.
(d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the personal property listed in the complaint.
(e) No claim for damages shall be asserted by either party in the action for possession of the personal property under this section, but each party may pursue any claim for damages in a separate action.
(f) A party may join an action for possession of personal property with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS § 105.100 to 105.168.
(g) If the court determines that the plaintiff is entitled to possession of the personal property that is the subject of the complaint, the court shall enter an order directing the sheriff to seize the personal property to which the court finds the plaintiff entitled, and to deliver that property to the plaintiff. The court may provide that the defendant have a period of time to deliver the property to the plaintiff voluntarily before execution. The costs of execution may be recovered in the manner provided in ORS § 18.999.
(h) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS § 90.255. [1989 c.506 § 22; 1991 c.67 § 21; 1997 c.577 § 30; 2001 c.596 § 46]