Oregon Revised Statutes

Or. Rev. Stat. § 105.165 (2026)

Alternative method of removing, storing and disposing of tenant’s personal property; requirements; landlord liability

✓ current as of May 2026

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105.165 Alternative method of removing, storing and disposing of tenant’s personal property; requirements; landlord liability. (1) If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161, the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises as provided in ORS 90.425 or 90.675.

(2) If ORS chapter 90 does not apply to a premises, the plaintiff or landlord shall remove, store and dispose of any personal property left by the defendant or tenant upon the premises following recovery of possession of the premises by the plaintiff or landlord:

(a) Pursuant to any landlord’s lien available under ORS 87.162;

(b) As provided by any rental agreement between the plaintiff or landlord and the defendant or tenant; or

(c) At the plaintiff or landlord’s discretion, by following the process described in ORS 90.425 (2), (3) and (5) to (11) and (13) to (16) except that:

(A) The plaintiff or landlord may require payment of any amount owed by the defendant or tenant to the plaintiff or landlord prior to allowing the defendant or tenant to remove or recover the personal property if the payment requirement is stated in the written notice; and

(B) ORS 90.425 may be applied to address only the rights and obligations of the plaintiff or landlord and defendant or tenant in the personal property and not the rights of other parties.

(3) Any cost incurred by the plaintiff for execution pursuant to ORS 105.151 or 105.158 to 105.161 or for removal, storage or sale of the defendant’s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment.

(4) If the plaintiff fails to permit the defendant to recover possession of the defendant’s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 §9; 1989 c.506 §23; 1989 c.910 §5; 1993 c.369 §18; 1995 c.559 §51; 1997 c.577 §39; 2001 c.596 §48; 2003 c.378 §32; 2003 c.658 §10]

Notes of Decisions

Cited in 3 cases, 1992–2019 · leading case: Dauven v. U.S. Bancorp, 390 F. Supp. 3d 1262 (D. Or. 2019).

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Dauven v. U.S. Bancorp, 390 F. Supp. 3d 1262 (D. Or. 2019). · cites it 7× “425 and ORS 105.165 required the Banks to adhere to specific procedures regarding the removal and disposal of the Dauvens' possessions remaining at the Property following their eviction - procedures with which the Banks did not comply.”

Smith v. Morris, 827 P.2d 1370 (Or. Ct. App. 1992). “105 to ORS 105.165. The court dismissed the action, because there was “another action pending between the same parties for the same cause.”

Taylor v. Hayden Island Mobile Home Park, 859 P.2d 1173 (Or. Ct. App. 1993). · cites it 11× “940 and ORS 105.165. Defendant filed counterclaims.”

— Or. Rev. Stat. § 105.165(1) — 1 case

Taylor v. Hayden Island Mobile Home Park, 859 P.2d 1173 (Or. Ct. App. 1993). “940 and ORS 105.165. Defendant filed counterclaims.”

— Or. Rev. Stat. § 105.165(l)(b) — 1 case

Taylor v. Hayden Island Mobile Home Park, 859 P.2d 1173 (Or. Ct. App. 1993). “940 and ORS 105.165. Defendant filed counterclaims.”

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