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Or. Rev. Stat. § 105.132

Assertion of counterclaim

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      105.132 Assertion of counterclaim. No person named as a defendant in an action brought under ORS 105.100 to 105.168 may assert a counterclaim unless the right to do so is otherwise provided by statute. [1985 c.244 §2]

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1989–2023 · leading case: Perkins v. Conradi
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Perkins v. Conradi (1997) orctapp · cites it 4× “On appeal, plaintiff argues: (1) ORS 105.132 prohibits counterclaims in FED actions and, thus, he could not have brought a counterclaim in that proceeding; and (2) even if ORS 105.”
Edwards v. Fenn (1989) or · cites it 2× “Turning first to the FED statutes, ORS 105.132 3 permits a defendant to counterclaim if “the right to do so is otherwise provided by statute.”
Timmermann v. Herman (2018) orctapp “See ORS 105.132 ("No person named as a defendant in an action brought under ORS 105.”
Duckworth v. Duckworth (2023) orctapp “782(6)(a) (providing for the purchaser to “obtain possession of the property from a tenant at suffer- ance by following the procedures set forth in ORS 105.105 to 105.168”).”
Pendergrass v. Fagan (2008) orctapp “” ORS 105.132. In this case, defendant contends that her defense and counterclaim for retaliation are “otherwise provided by statute” under ORS 90.”
Schmidt v. Hart (2010) orctapp “Carter, 293 Or 147, 150 , 645 P2d 536 (1982); and that a tenant’s right to assert counterclaims is limited, ORS 105.132. However, plaintiff was entitled in the FED proceeding to present defenses that related to her right to possession.”
Willamette Landing Apartments - 89, LLC v. Burnett (2016) orctapp · cites it 2× “075(l)(b) in light of ORS 105.132.” 5 In a finding that the record supports, the trial court found that defendant was largely responsible for the unusual amount of plaintiffs attorney fees.”
Hoffer v. Szumski (1994) orctapp “” ORS 105.132. In an action for possession due to nonpayment of rent, a residential tenant “may counterclaim for any amount, not in excess of the jurisdictional limits of the court in which the action is brought, that the tenant may recover under the rental agreement or ORS 90.”
Edwards v. Fenn (1989) orctapp “ORS 105.132 governs counterclaims in FED actions: “No person named as a defendant in an action brought under ORS 105.”
Duckworth v. Duckworth (2023) orctapp “782(6)(a) (providing for the purchaser to “obtain possession of the property from a tenant at suffer- ance by following the procedures set forth in ORS 105.105 to 105.168”).”
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