Oregon Statutes 18.946 – Possession after sale; right to rents or value of use
(1) Subject to subsection (2) of this section:
Terms Used In Oregon Statutes 18.946
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The purchaser of real property at an execution sale is entitled to possession of the property from the date of sale until a redemption of the property, if any.
(b) The redemptioner of real property is entitled to possession of the property from the date the payment required by ORS § 18.966 or 18.967 is made until another redemption, if any.
(c) A purchaser or redemptioner entitled to possession of real property under this subsection may obtain possession of the property from an occupant under ORS § 105.100 to 105.168 or another applicable judicial procedure.
(2) If a tenant possesses real property under an unexpired lease and the property is sold on execution to satisfy a judgment with priority over the lease, the tenant may remain in possession of the property until the expiration of the redemption period if the tenant pays to the purchaser or redemptioner the greater of a monthly payment equal to the value of the use and occupancy of the property or the lease payments. [2005 c.542 § 33; 2021 c.416 § 1]