105.146
Failure of defendant to perform as ordered; judgment of restitution. (1) In an action to recover
possession of the premises, if the court has entered an order by stipulation
that provides for the defendant to retain possession of the premises contingent
upon the defendant’s performance or payment of moneys by a certain date as
provided under ORS 105.145 (2), and the defendant fails to comply with the
order, the plaintiff may obtain and enforce a judgment of restitution of the
premises pursuant to this section and ORS 105.148 and 105.149.
(2) A plaintiff
may obtain and enforce a judgment of restitution based upon an order entered as
provided under ORS 105.145 (2), provided the order includes only:
(a) Future
performance or conduct as described in the order for a period of not more than
six months following entry of the order;
(b) Payment of
past due rent and other past due amounts pursuant to a schedule provided in the
order for a period of not more than six months following entry of the order;
(c) Payment of
rent due for future rental periods that follow entry of the order pursuant to a
schedule provided in the order for not more than the first three monthly rental
periods following entry of the order; and
(d) Payment of
any costs, disbursements or attorney fees pursuant to a schedule provided in
the order.
(3) The order
shall contain a statement providing that 12 months following the entry of the
order, the court shall automatically dismiss the order without further notice
to either the plaintiff or the defendant.
(4) If the
defendant fails to comply with the order, the plaintiff may file with the clerk
of the court an affidavit or declaration of noncompliance describing how the
defendant has failed to comply. The plaintiff shall attach a copy of the order
to the affidavit or declaration. The affidavit or declaration, or the order,
must include the terms of the underlying settlement agreement or stipulation or
have a copy of the agreement attached.
(5) Upon receipt
of a plaintiff’s affidavit or declaration:
(a) The court
shall enter a judgment of restitution; and
(b) The clerk
shall issue a notice of restitution as provided by ORS 105.151 and attach to
the notice a copy of the plaintiff’s affidavit or declaration of noncompliance
and any attachments for service.
(6) The court
shall establish a procedure that allows the defendant to request a hearing on
the plaintiff’s affidavit or declaration of noncompliance and delay expiration
of the notice of restitution period or execution upon a judgment of restitution
pending the hearing.
(7) The court
shall enter a judgment dismissing the plaintiff’s action in favor of the
defendant without assessment of costs, disbursements, prevailing party fee or
attorney fees against either party except as provided in the order and without
further notice to either party:
(a) Upon receipt
of a writing signed by the plaintiff showing compliance with or satisfaction of
the order; or
(b) Twelve months
following entry of the order, unless the plaintiff has filed an affidavit or
declaration of noncompliance and the court has found in favor of the plaintiff
on the affidavit or declaration. [2001 c.596 §10 (105.146, 105.148 and 105.149
enacted in lieu of 105.147); 2003 c.378 §23; 2007 c.508 §16]
Note: 105.146 to 105.149 were added to
and made a part of 105.100 to 105.168 by legislative action but were not added
to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.
105.147 [1999 c.603 §4; repealed by 2001
c.596 §9 (105.146, 105.148 and 105.149 enacted in lieu of 105.147)]
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2012–2025 · leading case:
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
· cites it 21× “146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
· cites it 21× “146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Erickson v. R&R Ranches, LLC, 503 P.3d 1261 (Or. Ct. App. 2021).
· cites it 4× “146(3) (providing that 12 months following the entry of the order, the court shall “automatically dismiss” the FED action without further notice to either party),2 pending 2 ORS 105.146 provides, in part: “(2) A plaintiff may obtain and enforce a judgment of restitution based…”
Johnson Mobile Estates v. Oliver, 277 P.3d 598 (Or. Ct. App. 2012).
“See ORS 105.146(5)(a) (when a defendant has failed to comply with the terms of a stipulated FED order, the court “shall enter a judgment of restitution” upon receiving the plaintiffs affidavit or declaration of noncompliance).”
— Or. Rev. Stat. § 105.146(2) — 2 cases
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
— Or. Rev. Stat. § 105.146(2)(a) — 2 cases
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
— Or. Rev. Stat. § 105.146(3) — 1 case
Erickson v. R&R Ranches, LLC, 503 P.3d 1261 (Or. Ct. App. 2021).
“146(3) (providing that 12 months following the entry of the order, the court shall “automatically dismiss” the FED action without further notice to either party),2 pending 2 ORS 105.146 provides, in part: “(2) A plaintiff may obtain and enforce a judgment of restitution based…”
— Or. Rev. Stat. § 105.146(4) — 3 cases
Erickson v. R&R Ranches, LLC, 503 P.3d 1261 (Or. Ct. App. 2021).
“146(3) (providing that 12 months following the entry of the order, the court shall “automatically dismiss” the FED action without further notice to either party),2 pending 2 ORS 105.146 provides, in part: “(2) A plaintiff may obtain and enforce a judgment of restitution based…”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
— Or. Rev. Stat. § 105.146(5) — 2 cases
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
— Or. Rev. Stat. § 105.146(5)(a) — 3 cases
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Prime Residential v. Neal, 340 Or. App. 150 (Or. Ct. App. 2025).
“146(2),” making the ORS 105.146 process unavail- able in this case, such that the trial court’s entry of judg- ment pursuant to that process was in error.”
Johnson Mobile Estates v. Oliver, 277 P.3d 598 (Or. Ct. App. 2012).
“See ORS 105.146(5)(a) (when a defendant has failed to comply with the terms of a stipulated FED order, the court “shall enter a judgment of restitution” upon receiving the plaintiffs affidavit or declaration of noncompliance).”
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