Oregon Statutes 105.121 – Forms in action for possession of group recovery home; limitation on issues; attorney fees
(1) A former tenant removed from a group recovery home under ORS § 90.440 may bring an action for injunctive relief to recover possession if the removal was wrongful or in bad faith.
Terms Used In Oregon Statutes 105.121
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) An action under this section shall be governed by the provisions of ORS § 105.100 to 105.168 except that:
(a) The complaint shall be in substantially the following form and shall be available from the court clerk:
______________________________________________________________________________
Defendant is a group recovery home subject to ORS § 90.440. Defendant removed plaintiff from the group recovery home dwelling unit rented by plaintiff from defendant at:
______________ (street and number)
______________ (city)
______________ (county)
Notice of removal from the dwelling unit was served on plaintiff under ORS § 90.440. The notice of removal was served on:
______________ (date)
Plaintiff is entitled to possession of the dwelling unit because:
______ Defendant removed plaintiff wrongfully by failing to comply with the procedural requirements of ORS § 90.440.
______ Defendant removed plaintiff wrongfully because plaintiff did not use or possess alcohol, marijuana or illegal drugs within seven days preceding delivery of a written notice of removal.
______ Defendant removed plaintiff under ORS § 90.440 in bad faith.
Wherefore, plaintiff prays for possession of the group recovery home dwelling unit and costs and disbursements incurred herein.
(b) The complaint shall be signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 and served by personal delivery on the group recovery home house president or a person in an equivalent leadership position for the group recovery home.
(c) The answer shall be in substantially the following form and shall be available from the court clerk:
______________________________________________________________________________
We deny that the plaintiff is entitled to possession of the group recovery home dwelling unit that is the subject of the complaint because:
______ The defendant removed the plaintiff in compliance with the procedural requirements of ORS § 90.440.
______ The plaintiff used or possessed alcohol, marijuana or illegal drugs as described in ORS § 90.440 within seven days preceding delivery of a written notice of removal.
______ The defendant did not remove the plaintiff in bad faith as alleged.
We ask that the plaintiff take nothing by the complaint and that we be awarded our costs and disbursements.
______________________________________________________________________________
(d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the dwelling unit described in the complaint.
(e) If the basis for the complaint is that removal was wrongful because the plaintiff did not use or possess alcohol, marijuana or illegal drugs, the defendant has the burden of proving that the plaintiff used or possessed alcohol, marijuana or illegal drugs as described in ORS § 90.440 within seven days preceding delivery of the written notice of removal.
(f) A claim for damages may not be asserted by either party in the action for possession of the dwelling unit under this section, but each party may pursue any claim for damages in a separate action.
(g) A party may join an action for possession of the dwelling unit with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS § 105.100 to 105.168.
(h) If the court determines that the plaintiff is entitled to possession of the dwelling unit that is the subject of the complaint, the court shall enter an order directing the defendant to return possession of the dwelling unit to the plaintiff. The court may provide that the defendant have a period of time to deliver possession of the dwelling unit to the plaintiff.
(i) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS § 90.255. [2007 c.715 § 5; 2017 c.21 § 36]