75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 572
B-Engrossed
Senate Bill 241
Ordered by the House June 4
Including Senate Amendments dated May 7 and House Amendments
dated
June 4
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar Debtor/Creditor Section)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires purchaser seeking possession of property after
trustee's sale to provide certain notices to person holding
possession of property by reason of interest created voluntarily
by grantor of deed of trust. Provides that person in possession
need not surrender possession until 30 days after effective date
of notice or 10th day after trustee's sale, whichever date is
later. - }
Applies fees and procedures set forth for actions under
residential landlord and tenant laws to actions to recover
possession of premises in certain circumstances.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to actions for possession of property; creating new
provisions; amending ORS 105.115 and 105.130; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 105.115 is amended to read:
105.115. (1) Except as provided by subsections (2) and (3) of
this section, the following are causes of unlawful holding by
force within the meaning of ORS 105.110, 105.123 and 105.126:
(a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 10 days after the rent is due
under the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after
being in default on payment of rent for 10 days.
(b) When the lease by its terms has expired and has not been
renewed, or when the tenant or person in possession is holding
from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding
contrary to any condition or covenant of the lease or is holding
possession without any written lease or agreement.
(c) When the owner or possessor of a recreational vehicle that
was placed or driven onto property without the prior consent of
the property owner, operator or tenant fails to remove the
recreational vehicle. The property owner or operator is not
required to serve a notice to quit the property before commencing
an action under ORS 105.126 against a recreational vehicle owner
or possessor holding property by force as described in this
paragraph.
{ + (d) When the person in possession of a premises remains
in possession after the time when a purchaser of the premises is
entitled to possession in accordance with the provisions of ORS
18.946 or 86.755.
(e) When the person in possession of a premises remains in
possession after the time when a deed given in lieu of
foreclosure entitles the transferee named in the deed to
possession of the premises.
(f) When the person in possession of a premises remains in
possession after the time when a seller is entitled to possession
in accordance with the provisions of ORS 93.930 (2)(c) or
pursuant to a judgment of strict foreclosure of a recorded
contract for transfer or conveyance of an interest in real
property. + }
(2) In the case of a dwelling unit to which ORS chapter 90
applies:
(a) The following are causes of unlawful holding by force
within the meaning of ORS 105.110 and 105.123:
(A) When the tenant or person in possession of any premises
fails or refuses to pay rent within 72 hours or 144 hours, as the
case may be, of the notice required by ORS 90.394.
(B) When a rental agreement by its terms has expired and has
not been renewed, or when the tenant or person in possession
remains in possession after a valid notice terminating the
tenancy pursuant to ORS chapter 90, or is holding contrary to any
valid condition or covenant of the rental agreement or ORS
chapter 90.
(b) A landlord may not file an action for the return of
possession of a dwelling unit based upon a cause of unlawful
holding by force as described in paragraph (a) of this subsection
until after the expiration of a rental agreement for a fixed term
tenancy or after the expiration of the time period provided in a
notice terminating the tenancy.
(3) In an action under subsection (2) of this section, ORS
chapter 90 shall be applied to determine the rights of the
parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly
terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory
conduct by the landlord as provided by ORS 90.385 and 90.765.
SECTION 2. ORS 105.130 is amended to read:
105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of $13;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall
pay an additional filing fee of $29 and the defendant shall pay a
filing fee of $42.
(4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in
the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
(6) In addition to the fees charged under subsection (2) of
this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be $10.
(7) A document or pleading shall be filed by the clerk only if
the fees and surcharges required under this section are paid by
the person filing the document or pleading or if an application
for a waiver or deferral of fees and court costs is granted by
the court under ORS 21.680 to 21.698. Fees and surcharges
provided for in this section may not be refunded.
{ + (8) An action brought under ORS 105.110 by a person
entitled to possession of premises on the basis of circumstances
described in ORS 105.115 (1)(d), (e) or (f) is subject to the
filing fees and other court or sheriff fees applicable to an
action concerning a dwelling unit that is subject to ORS chapter
90. The procedure under ORS 105.105 to 105.168 that is applicable
to an action concerning a dwelling unit subject to ORS chapter 90
shall also apply to an action brought under ORS 105.115 (1)(d),
(e) or (f), except that the complaint must be in the form
prescribed in ORS 105.126. + }
SECTION 3. { + The amendments to ORS 105.115 and 105.130 by
sections 1 and 2 of this 2009 Act apply to proceedings under ORS
105.105 to 105.168 or actions under ORS 105.110 that begin on or
after the effective date of this 2009 Act. + }
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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