Chapter § 31.4 LANDLORD REMEDIES

• Jurisdiction: Oregon

§ 31.4 LANDLORD REMEDIES

ORS 90.401(1) specifies that "[a] landlord may pursue any one or more of the remedies set forth in ORS 90.392, 90.394, 90.396, 90.398, 90.403 and 90.405, simultaneously or sequentially." The landlord also has common-law remedies, which may be pursued in addition to the remedies specified in ORS chapter 90.

§ 31.4-1 Action for Possession of Premises: Forcible-Entry-and-Detainer Proceeding

An action for forcible entry and detainer, typically referred to as an FED, is the formal reference to an eviction proceeding. All eviction proceedings—both residential and commercial—are regulated by ORS 105.105 to 105.168. An FED typically requires that written notice be prepared and served on a tenant, and that the notice expire with the occupants continuing to hold possession before the FED can be commenced. See § 31.6-3(a). In the residential context, a landlord cannot exclude tenants from possession by self-help, or by simply locking them out. See ORS 90.375; Smith v. Topits, 64 Or App 799, 803, 669 P2d 1167 (1983) (landlord cannot unilaterally lock out residential tenants without court intervention).

§ 31.4-2 Action for Damages

A landlord may recover damages for any noncompliance by the tenant with (1) the rental agreement; (2) ORS 90.325 and the obligations as to reasonable use of premises, cleanliness, tampering with smoke detectors, or other issues of tenant conduct found therein; or (3) ORS 90.740 and the tenant responsibilities in the park/marina context found therein. ORS 90.401(2). A landlord may also, when applicable, recover common-law damages for waste (damage to real property); unpaid rent and other sums owed; and for damages arising from breach of contract. There is a one-year statute of limitations that applies to all claims arising under ORS chapter 90 or a residential rental agreement. ORS 12.125. However, the one-year limitations period for claims under the act does not apply to a landlord's claim for waste. See Vollertsen v. Lamb, 302 Or 489, 508-09, 732 P2d 486 (1987) (one-year statute of limitations, which applies to claims under ORS chapter 90, does not apply to landlord's common-law waste claim).

§ 31.4-3 Action for Injunctive Relief

A landlord may obtain injunctive relief for any noncompliance by the tenant with (1) the rental agreement, (2) ORS 90.325 (reasonable use of premises; cleanliness; smoke detectors; behavior), or (3) ORS 90.740 (tenant responsibilities). ORS 90.401(2). However, injunctive relief typically...