Or. Rev. Stat. § 105.105
Entry to be lawful and peaceable only
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105.105 Entry to be lawful and peaceable only. No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.
Notes of Decisions
Cited in 76
cases (13 in the last 5 years), 1961–2025 · leading case: Duckworth v. Duckworth
Duckworth v. Duckworth (2023)
“FED actions are currently governed by ORS 105.105 to 105.168. An FED action may be maintained against a person who unlawfully entered premises, or against a per- son who lawfully entered premises but now holds posses- sion unlawfully by force.”
Napolski v. Champney (1983)
“See ORS 105.105 etseq. The tenant filed an answer and counterclaims, and tendered into court the amount of rent she considered due.”
C.O. Homes, LLC v. Cleveland (2020)
“392(1), a landlord may provide a 30-day notice terminating a rental agreement “for cause” and take possession of the premises as provided in the FED statutes, ORS 105.105 to 105.168. Causes for termination under ORS 90.”
Hickey v. Scott (2022)
“394 (permitting landlord to “ter- minate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 to 105.168”); ORS 105.115(2)(b) (providing that landlord may file an FED action to evict tenant “after the expiration of the time period provided…”
Bunch v. Pearson (2003)
“Under ORS 105.105 to 105.168, 1 the *142 issue that is to be decided in FED cases is entitlement to possession.”
2606 Building v. Mica or I Inc. (2002)
“Plaintiffs did not receive payment by November 30, and the following day they commenced this action under the FED statute, ORS 105.105 to ORS 105.168. During the proceedings in the trial court, defendants sought leave to file a second amended answer that alleged the following…”
Executive Management Corporation v. Juckett (1976)
“” The defendant argues that the Residential Landlord and Tenant Act does not apply in the case at bar; that forcible entry and detainer statutes, ORS 105.105 to 105.160, and the Residential Landlord and Tenant Act, ORS 91.”
Grove v. Hindquarter Corp. (1980)
“[2] Assuming that the contractual provision is broad enough to permit the award of attorney's fees here, the more basic question is whether the FED statutes (ORS 105.105 to 105.155), except insofar as they relate to residential property, contemplate litigation of the plaintiff's…”
Edwards v. Fenn (1989)
“935, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or ORS 91.770.” “ ‘Action’ includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined,…”
DC Thompson and Co. v. Hauge (1986)
“[1] Plaintiff landlord brought a forcible entry and detainer action, pursuant to ORS 105.105 to 105.165, against defendant tenants and for rent.”
Skourtes v. Schaer (1978)
“The FED statutes, ORS 105.105 et seq., do not state different or additional rules.”
Greenway v. Parlanti (2011)
“If necessary, possession of the premises will be taken pursuant to ORS 105.105 to 105.168. “[/s/] Donna Callis “I personally delivered the attached 24 hour notice to Sandra Parlanti, at 11:55 A/PM on October 5, 2009.”
— Or. Rev. Stat. § 105.105(l)(f) — 1 case
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