Residential Eviction (FED) Complaint (Oregon)

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (RESIDENTIAL EVICTION) — OREGON

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Property Description and Tenancy
4. Notice of Termination — Predicate Notice (ORS Ch. 90)
5. Statutory Compliance Allegations
6. Count I — Restitution of the Premises
7. Count II — Money Judgment for Unpaid Rent and Damages
8. Count III — Attorney Fees and Costs (ORS § 90.255)
9. Prayer for Relief
10. Verification / Declaration
11. Exhibits
12. Signature and Service Block
13. Oregon Practice Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY NAME]

Case No. [________________________________]

RESIDENTIAL EVICTION COMPLAINT — FORCIBLE ENTRY AND DETAINER (FED)

ORS § 105.110; ORS § 105.124; ORS Chapter 90

Claim Amount: $[________] (Restitution of premises plus money judgment)

Subject to Mandatory Arbitration: ☐ Yes ☐ No (FED actions for possession are exempt; ORS § 36.405)

Jury Demand: [☐ Plaintiff demands jury trial ☐ No jury demand]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff. Plaintiff [PLAINTIFF NAME] is [an individual residing in / a [state] [LLC / corporation] authorized to do business in Oregon and registered with the Oregon Secretary of State, Reg. No. ____]. Plaintiff is the owner / lessor / landlord of the premises described below.

2.2 Plaintiff's Agent. Plaintiff is represented in this action by [☐ counsel of record / ☐ a non-attorney agent or employee authorized under ORS § 105.130(3)]. The non-attorney agent's name and authority: [________________________________].

2.3 Defendants. Defendant [TENANT NAME] is the tenant in possession of the premises described below pursuant to a written / oral rental agreement with Plaintiff. The "All Other Occupants" Defendants are any persons in possession claiming under or with the named Tenant.

2.4 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under ORS § 105.110, which vests Circuit Courts with jurisdiction over actions for the recovery of possession of real property by forcible entry or unlawful detainer.

2.5 Personal Jurisdiction. Defendants are subject to the personal jurisdiction of this Court because the rental property and the tenancy at issue are located in [COUNTY] County, Oregon.

2.6 Venue. Venue is proper in [COUNTY] County under ORS § 14.080 because the real property at issue is situated within this county.

3. PROPERTY DESCRIPTION AND TENANCY

3.1 Premises. The dwelling unit (the "Premises") is located at:

3.2 Tenancy. Plaintiff and Defendant entered into a [☐ written ☐ oral] rental agreement dated [__/__/____] for the Premises. The tenancy is currently:

3.3 Continuous Occupancy. The Defendant Tenant has occupied the Premises continuously since [__/__/____], which is [☐ less than / ☐ more than] twelve (12) months as of the date of this Complaint (relevant to ORS § 90.427(1)(b) "first year of occupancy").

3.4 Total Units Owned by Plaintiff (Statewide, Residential). Plaintiff owns [____] residential dwelling units in Oregon (relevant to ORS § 90.427(7)(a) relocation-assistance exemption).

3.5 Local Registration. Where applicable, Plaintiff's rental registration is in good standing:

4. NOTICE OF TERMINATION — PREDICATE NOTICE (ORS Ch. 90)

4.1 Termination Notice. On [__/__/____], Plaintiff served Defendant with a written Notice of Termination pursuant to:

☐ ORS § 90.394 — 10-day / 13-day / 72-hour notice for nonpayment of rent
☐ ORS § 90.392(3) — 30-day with 14-day cure for material noncompliance
☐ ORS § 90.392(5) — 10-day no-cure repeat violation
☐ ORS § 90.396 — 24-hour outrageous conduct
☐ ORS § 90.398 — 24-hour drug/prostitution conduct
☐ ORS § 90.427(3) — 30-day no-cause termination (within first 12 months)
☐ ORS § 90.427(5) — 90-day Qualifying Landlord Reason termination (after 12 months)
☐ ORS § 90.630 — manufactured dwelling park space termination
☐ Other: [________________________________]

4.2 Notice Service. The Notice was served on Defendant by [☐ personal delivery / ☐ first-class mail with attachment to main entrance + 3 days / ☐ first-class mail + 3 days / ☐ email + first-class mail per signed agreement] on [__/__/____], in compliance with ORS § 90.155. A true copy of the Notice and proof of service is attached as Exhibit 1.

4.3 Compliance Period Expired. The notice/cure/termination period stated in the Notice expired on [__/__/____]. As of the date of filing, Defendant has [☐ failed to cure / ☐ failed to vacate / ☐ failed to pay / ☐ continued in possession] without Plaintiff's consent.

4.4 Specific Allegations (use applicable subsection):

4.4(a) Nonpayment (ORS § 90.394)

Defendant failed to pay the following rent when due:

Plaintiff served the § 90.394 notice on or after the 8th day of the rental period (10-day option) or on or after the 5th day (13-day option), and at least the required notice period plus three (3) days for mailed service has expired.

4.4(b) Cause (ORS § 90.392 / § 90.396 / § 90.398)

Defendant materially violated the rental agreement and/or ORS § 90.325 by the following specific acts:

Defendant did not cure the violation within the time provided (where cure was available).

4.4(c) No-Cause / Qualifying Landlord Reason (ORS § 90.427)

[☐ The tenancy is within the first 12 months and Plaintiff has terminated without cause under ORS § 90.427(3) with 30 days' written notice, OR
☐ The tenancy exceeds 12 months and Plaintiff has terminated for the following Qualifying Landlord Reason under ORS § 90.427(5)(b)]:

☐ (A) Demolition / conversion to non-residential use
☐ (B) Substantial repair / renovation requiring vacancy
☐ (C) Owner / immediate-family-member primary-residence occupancy
☐ (D) Sale to a buyer who in good faith intends to occupy as primary residence

Plaintiff has paid relocation assistance of $[________] to Defendant on [__/__/____] (or claims exemption: ☐ 4-or-fewer units (state); other [____]).

5. STATUTORY COMPLIANCE ALLEGATIONS

5.1 Good Faith. This action is brought in good faith and not for any retaliatory purpose prohibited by ORS § 90.385.

5.2 No Discrimination. This action is not brought for any reason prohibited by ORS § 659A.421 (Oregon Fair Housing) or 42 U.S.C. § 3604 (federal Fair Housing Act), including without limitation race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, or disability.

5.3 No Domestic Violence Retaliation. This action is not brought against a victim of domestic violence, sexual assault, or stalking in violation of ORS § 90.453.

5.4 Rent-Cap Compliance. All rent charged to Defendant during the tenancy has complied with the maximum allowable annual rent increase under ORS § 90.323 (10.0% in 2024 and 2025; 9.5% in 2026).

5.5 Habitability. Plaintiff has materially complied with Plaintiff's habitability obligations under ORS § 90.320, including [☐ providing essential services; ☐ responding to repair requests within reasonable time; ☐ maintaining a fit and habitable dwelling].

5.6 Self-Help Disclaimer. Plaintiff has not undertaken any self-help eviction prohibited by ORS § 90.375 (lockouts, utility shutoffs, removal of belongings).

5.7 Local Registration / Tax Compliance. Where required, Plaintiff is in compliance with all local rental-registration ordinances (e.g., Portland PCC § 30.01.087).

5.8 Relocation Assistance Paid. For QLR terminations, Plaintiff has paid all required state and local relocation assistance prior to or contemporaneously with service of the termination notice.

6. COUNT I — RESTITUTION OF THE PREMISES

6.1 Plaintiff incorporates Sections 1 through 5 by reference.

6.2 Defendant is unlawfully holding the Premises against Plaintiff after the lawful expiration of the tenancy by reason of the Notice referenced in Section 4 above. ORS §§ 105.105, 105.115.

6.3 Plaintiff is entitled to immediate possession of the Premises and to a Judgment of Restitution and a Writ of Execution authorizing the Sheriff to remove Defendant and all occupants. ORS §§ 105.145, 105.148.

7. COUNT II — MONEY JUDGMENT FOR UNPAID RENT AND DAMAGES

7.1 Plaintiff incorporates Sections 1 through 6 by reference.

7.2 Unpaid Rent. As of the date of this Complaint, Defendant owes Plaintiff:

7.3 Attorney Fees and Costs. Reasonable attorney fees under ORS § 90.255 and the rental agreement, plus court costs and disbursements.

7.4 Total Money Judgment Sought. $[________].

8. COUNT III — ATTORNEY FEES AND COSTS (ORS § 90.255)

8.1 Plaintiff incorporates Sections 1 through 7 by reference.

8.2 ORS § 90.255 entitles the prevailing party in any action arising under ORS Chapter 90 to recover reasonable attorney fees. Section [____] of the parties' rental agreement also provides for attorney fees to the prevailing party. Plaintiff seeks reasonable attorney fees in an amount to be determined by petition under ORCP 68.

8.3 Plaintiff seeks costs and disbursements under ORCP 68 and ORS § 20.190.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Restitution of the Premises — Judgment for restitution of the premises located at [PREMISES ADDRESS], with issuance of a Writ of Execution under ORS § 105.145;

B. Money Judgment — A money judgment in favor of Plaintiff and against Defendant for unpaid rent, prorated rent through judgment, late fees, damages, and other charges in the total amount of $[________];

C. Attorney Fees — Reasonable attorney fees pursuant to ORS § 90.255 and the rental agreement, in an amount to be determined by petition under ORCP 68;

D. Costs and Disbursements — Court costs, filing fees, service fees, and disbursements under ORCP 68 and ORS § 20.190;

E. Prejudgment Interest — At the statutory rate (ORS § 82.010) on liquidated amounts;

F. Post-Judgment Interest — At nine percent (9%) per annum (ORS § 82.010(2));

G. Such other and further relief — As the Court may deem just and equitable.

10. VERIFICATION / DECLARATION

I, [PLAINTIFF / AGENT NAME], hereby declare under penalty of perjury under the laws of the State of Oregon that I am the [Plaintiff / authorized agent of Plaintiff / property manager] in the above-captioned matter; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge.

Executed this [____] day of [__________], 20[__], at [CITY], Oregon.

11. EXHIBITS

The following exhibits are attached and incorporated by reference:

12. SIGNATURE AND SERVICE BLOCK

Respectfully submitted this [____] day of [__________], 20[__].

13. OREGON PRACTICE NOTES

A. Filing and First Appearance Timeline

B. Mandatory Form Complaint

ORS § 105.124 requires use of the Court-prescribed form for Chapter 90 cases. The Oregon Judicial Department maintains form RT-CV-FED-1; many counties have local supplements (Multnomah, Washington, Clackamas, Lane, Marion, Deschutes). This template is intended as a supplement / extended pleading; verify the controlling form with the local court clerk.

C. Attaching the Notice — Critical

The single most common reason for FED dismissal is failure to attach the predicate Notice with proof of service, or attaching a Notice with defective specificity, dates, or service. Audit the Notice before filing.

D. Nonpayment Cure at First Appearance (HB 2001)

Under HB 2001 (2023), tenants may cure nonpayment by paying all unpaid rent (and any awarded fees) up to and including the first appearance. If tenant tenders full cure, the action must be dismissed. Plan for this — many landlords settle on the courthouse steps.

E. First-Appearance Default

If Defendant fails to appear at first appearance, Plaintiff may obtain default Judgment of Restitution upon: (i) Plaintiff's appearance, (ii) sworn testimony or declaration that Defendant has not vacated, and (iii) court satisfaction the Complaint complies with applicable statutes. ORS § 105.137(2).

F. Plaintiff Default — Reverse

If Plaintiff fails to appear, the case is dismissed with costs to Defendant. ORS § 105.137(3). Plan accordingly — calendar conflicts kill cases.

G. Mediation (ORS § 105.137(8))

The court may refer the parties to mediation and stay the action up to 30 days. Multnomah, Washington, and Lane Counties have active eviction-mediation programs.

H. Jury Trial

Either party may demand a jury under ORS § 105.140 and Oregon Constitution Article I, § 17 (right to jury in actions at law). Demand by the time of first appearance (verify local rule).

I. Money Judgment Bifurcation

Some counties hear possession first and damages later. UTCR Chapter 13 governs.

J. Appeal

Either party may appeal an adverse judgment to the Oregon Court of Appeals within 10 days for stay purposes (ORS § 105.160 — appeal bonds). The 10-day window is jurisdictional for stay; the 30-day general civil appeal window also applies.

K. Writ of Execution

After judgment of restitution, the Court issues a Writ of Execution to the Sheriff under ORS § 105.151. Sheriff serves a 4-day notice on Defendant before physical removal.

L. Local Variations — Critical Checklist

M. Subsidized Housing Layered Defenses

Section 8 (HCV), public housing, RAD, LIHTC, and project-based units have layered federal good-cause requirements. Plead specifically that federal grievance procedures were satisfied where required.

14. SOURCES AND REFERENCES

• ORS Chapter 105 (FED): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• ORS § 105.110 (FED action): https://oregon.public.law/statutes/ors_105.110
• ORS § 105.130 (procedure / fees): https://oregon.public.law/statutes/ors_105.130
• ORS § 105.135 (service / 7-day return): https://oregon.public.law/statutes/ors_105.135
• ORS § 105.137 (first appearance / default / trial scheduling): https://oregon.public.law/statutes/ors_105.137
• ORS Chapter 90 (RLTA — substantive grounds): https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS § 90.255 (attorney fees): https://oregon.public.law/statutes/ors_90.255
• ORS § 90.385 (retaliation): https://oregon.public.law/statutes/ors_90.385
• ORS § 90.427 (no-cause / QLR): https://oregon.public.law/statutes/ors_90.427
• HB 2001 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2001
• SB 608 (2019): https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB608
• SB 611 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB611
• UTCR (Uniform Trial Court Rules): https://www.courts.oregon.gov/programs/utcr/Pages/default.aspx
• OJD FED Forms (RT-CV-FED-1): https://www.courts.oregon.gov/forms/Pages/landlord-tenant.aspx
• Marion County FED Instructions: https://www.co.marion.or.us/JC/Documents/FED/Instructions.pdf
• OSB Legal Information for Landlords: https://www.osbar.org/_docs/public/pamphlets/LegalInfoforLandlords.pdf