Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 105.123

Complaint

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      105.123 Complaint. In an action pursuant to ORS 105.110, it is sufficient to state in the complaint:

      (1) A description of the premises with convenient certainty;

      (2) That the defendant is in possession of the premises;

      (3) That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant entered upon the premises with force or unlawfully holds the premises with force; and

      (4) That the plaintiff is entitled to the possession of the premises. [2001 c.596 §4 (105.123, 105.124 and 105.126 enacted in lieu of 105.125); 2007 c.508 §12]

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2006–2024 · leading case: Bank of New York Mellon v. Lash
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Bank of New York Mellon v. Lash (2020) orctapp “123: “(1) A description of the premises with convenient certainty; “(2) That the defendant is in possession of the premises; “(3) That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant entered upon the premises with force or unlawfully holds…”
Jared v. Harmon (2024) orctapp “110; ORS 105.123. There was evidence presented by landlord that, if believed by the court as factfinder, he owned the property, the tenant discharged raw sewage from her RV onto the ground through the black pipe, that she was given notice that she needed to fix the problem by…”
Hughes v. Ephrem (2015) orctapp · cites it 2× “” ORS 105.123. For purposes of ORS 105.110 and ORS 105.”
Willamette Landing Apartments - 89, LLC v. Burnett (2016) orctapp “” ORS 105.123(4). Legislative history confirms that purpose.”
Bank of New York Mellon v. Lash (2020) orctapp “Plaintiff does not argue that the Residential Landlord Tenant Act applies to this case.”
US Bank, NA v. Eckert (2014) orctapp “Pursuant to ORS 105.123, an FED complaint must state: “(1) A description of the premises with convenient certainty; “(2) That the defendant is in possession of the premises; *192 “(3) That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant…”
Federal National Mortgage Ass'n v. Bellamy (2014) orctapp “See ORS 105.123 (describing required contents of FED complaint).”
Hill v. Evans (2010) orctapp · cites it 2× “124 provides, in pertinent part: “For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: «:}: * * * * “(3) A copy of the notice relied upon, if any, must be attached to the complaint.”
Jared v. Harmon (2024) orctapp “110; ORS 105.123. There was evidence presented by landlord that, if believed by the court as factfinder, he owned the property, the tenant discharged raw sewage from her RV onto the ground through the black pipe, that she was given notice that she needed to fix the problem by…”
Hagel v. Portland State University (2006) orctapp “We further conclude that the allegations of plaintiffs FED complaint were legally sufficient, ORS 105.123, and that the trial court therefore erred in dismissing the complaint pursuant to ORCP 21 A(8).”
— Or. Rev. Stat. § 105.123(4) — 1 case
Willamette Landing Apartments - 89, LLC v. Burnett (2016) orctapp “” ORS 105.123(4). Legislative history confirms that purpose.”
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