105.115 Causes
of unlawful holding by force; action for return of possession. (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 86.782.
(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.
(g) When the
person in possession of a premises remains in possession after the expiration
of a valid notice terminating the person’s right to occupy the premises
pursuant to ORS 91.120, 91.122 or 91.130.
(h) When the
person is a squatter who remains in possession of a premises after the
expiration of a notice given under ORS 91.140.
(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 the time period required by a notice under ORS 90.392 or 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.
(c) The court may
dismiss a claim for possession at any time if the complaint does not comply
with this subsection.
(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. [Amended by 1973 c.559 §34; 1977 c.365 §1;
1981 c.753 §5; 1995 c.559 §45; 2001 c.596 §47; 2003 c.378 §19; 2005 c.391 §28;
2007 c.653 §1; 2009 c.569 §2; 2009 c.638 §1; 2020 s.s.3 c.3 §14; 2023 c.13 §62;
2025 c.356 §3]
105.117 [2009 c.569 §1; renumbered 91.122
in 2011]
Notes of Decisions
Cited in
37
cases (
11 in the last 5 years), 1972–2025 · leading case:
Hickey v. Scott
Hickey v. Scott (2022)
or · cites it 12×
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
Lindsey v. Normet (1972)
scotus · cites it 6×
“115 to occur in the following circumstances: (1) if a tenant "fails or refuses to pay rent within 10 days after it is due" pursuant to a lease or agreement, (2) if he fails or refuses "to deliver possession of the premises after being in default on payment of rent for 10 days,"…”
C.O. Homes, LLC v. Cleveland (2020)
or · cites it 4×
“” ORS 105.115(2)(a)(A) - (B). And, when a tenant “unlawful[ly] hold[s] by force,” a landlord may bring an FED action to recover possession.”
Bank of New York Mellon v. Lash (2020)
orctapp · cites it 11×
“In its petition, plaintiff, for the first time in this case, points out that ORS 105.115 (1)(d) does not require a landlord-tenant relationship to maintain an FED action.”
Napolski v. Champney (1983)
or · cites it 5×
“The first fact entitled plaintiff to commmence this FED action, ORS 105.115(2)(a). The second fact entitled defendant to counterclaim for damages, ORS 91.”
Randall v. Valk (2023)
orctapp · cites it 3×
“In this forcible entry and detainer (FED) proceed- ing brought pursuant to ORS 105.115,1 tenant appeals from a general judgment of restitution of possession of the prem- ises to landlord, asserting that the trial court erred in deny- ing his motion for judgment on the pleadings,…”
Duckworth v. Duckworth (2023)
orctapp · cites it 3×
“ORS 105.115(1) (describ- ing what constitutes “holding by force”); see also Twiss v.”
Kerr v. Jones (2004)
orctapp · cites it 5×
“110 and ORS 105.115, plaintiff could not obtain restitution of the property in this FED action.”
Amatisto v. Paz (1986)
orctapp · cites it 4×
“If the landlord then brings an FED action for nonpayment of rent under ORS 105.115(2), the tenant may counterclaim for damages and an injunction for violations of the habitability provisions of ORS 91.”
Pendergrass v. Fagan (2008)
orctapp · cites it 2×
“” ORS 105.115(2)(a)(B). The FED statute provides that, in response to a landlord’s action for possession of the premises, a former tenant may assert counterclaims as long as the claims are “otherwise provided by statute.”
Skourtes v. Schaer (1978)
orctapp · cites it 6×
“895 apply may be maintained in cases provided in subsection (2) of ORS 105.115 when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.”
Greenway v. Parlanti (2011)
orctapp · cites it 3×
“this chapter requires written notice, service or delivery of that written notice shall he executed by one or more of the following methods: “(a) Personal delivery to the landlord or tenant; “(b) First class mail to the landlord or tenant; or “(c) If a written rental agreement so…”
— Or. Rev. Stat. § 105.115(1) — 10 cases
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
Kerr v. Jones (2004)
orctapp
“110 and ORS 105.115, plaintiff could not obtain restitution of the property in this FED action.”
Duckworth v. Duckworth (2023)
orctapp
“ORS 105.115(1) (describ- ing what constitutes “holding by force”); see also Twiss v.”
— Or. Rev. Stat. § 105.115(1)(d) — 3 cases
Bank of New York Mellon v. Lash (2020)
orctapp
“In its petition, plaintiff, for the first time in this case, points out that ORS 105.115 (1)(d) does not require a landlord-tenant relationship to maintain an FED action.”
— Or. Rev. Stat. § 105.115(1)(g) — 2 cases
Duckworth v. Duckworth (2023)
orctapp
“ORS 105.115(1) (describ- ing what constitutes “holding by force”); see also Twiss v.”
— Or. Rev. Stat. § 105.115(2) — 6 cases
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
Amatisto v. Paz (1986)
orctapp
“If the landlord then brings an FED action for nonpayment of rent under ORS 105.115(2), the tenant may counterclaim for damages and an injunction for violations of the habitability provisions of ORS 91.”
Greenway v. Parlanti (2011)
orctapp
“this chapter requires written notice, service or delivery of that written notice shall he executed by one or more of the following methods: “(a) Personal delivery to the landlord or tenant; “(b) First class mail to the landlord or tenant; or “(c) If a written rental agreement so…”
Randall v. Valk (2023)
orctapp
“In this forcible entry and detainer (FED) proceed- ing brought pursuant to ORS 105.115,1 tenant appeals from a general judgment of restitution of possession of the prem- ises to landlord, asserting that the trial court erred in deny- ing his motion for judgment on the pleadings,…”
— Or. Rev. Stat. § 105.115(2)(a) — 1 case
Napolski v. Champney (1983)
or
“The first fact entitled plaintiff to commmence this FED action, ORS 105.115(2)(a). The second fact entitled defendant to counterclaim for damages, ORS 91.”
— Or. Rev. Stat. § 105.115(2)(a)(A) — 3 cases
C.O. Homes, LLC v. Cleveland (2020)
or
“” ORS 105.115(2)(a)(A) - (B). And, when a tenant “unlawful[ly] hold[s] by force,” a landlord may bring an FED action to recover possession.”
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
— Or. Rev. Stat. § 105.115(2)(a)(B) — 5 cases
Pendergrass v. Fagan (2008)
orctapp
“” ORS 105.115(2)(a)(B). The FED statute provides that, in response to a landlord’s action for possession of the premises, a former tenant may assert counterclaims as long as the claims are “otherwise provided by statute.”
— Or. Rev. Stat. § 105.115(2)(b) — 8 cases
C.O. Homes, LLC v. Cleveland (2020)
or
“” ORS 105.115(2)(a)(A) - (B). And, when a tenant “unlawful[ly] hold[s] by force,” a landlord may bring an FED action to recover possession.”
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
Skourtes v. Schaer (1978)
orctapp
“895 apply may be maintained in cases provided in subsection (2) of ORS 105.115 when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.”
— Or. Rev. Stat. § 105.115(3) — 6 cases
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
Napolski v. Champney (1983)
or
“The first fact entitled plaintiff to commmence this FED action, ORS 105.115(2)(a). The second fact entitled defendant to counterclaim for damages, ORS 91.”
Amatisto v. Paz (1986)
orctapp
“If the landlord then brings an FED action for nonpayment of rent under ORS 105.115(2), the tenant may counterclaim for damages and an injunction for violations of the habitability provisions of ORS 91.”
— Or. Rev. Stat. § 105.115(3)(a) — 1 case
— Or. Rev. Stat. § 105.115(3)(b) — 4 cases
Hickey v. Scott (2022)
or
“394(3) requires be included in the notice, must not be more than the “amount [of] rent [that] is due,” which ORS 105.115 authorizes the court, as factfinder, to determine.”
— Or. Rev. Stat. § 105.115(l)(a) — 1 case
— Or. Rev. Stat. § 105.115(l)(b) — 4 cases
Kerr v. Jones (2004)
orctapp
“110 and ORS 105.115, plaintiff could not obtain restitution of the property in this FED action.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.