105.112 Action
by tenant to recover personal property; forms. (1) A tenant or former tenant may
bring an action to recover personal property taken or retained by a landlord in
violation of ORS chapter 90.
(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:
______________________________________________________________________________
IN
THE _________ COURT FOR
THE
COUNTY OF ____________
(Tenant), )
Plaintiff(s), )
)
vs. ) No.___
)
(Landlord), )
)
Defendant(s). )
COMPLAINT FOR RETURN
OF PERSONAL PROPERTY
I
Defendant(s) (is)
(are) in possession of the following personal property belonging to the
plaintiff(s):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
See attached list.
II
Defendant(s) took
the personal property alleged in paragraph I from premises rented by
plaintiff(s) from defendant(s) at:
______________(street
and number)
______________(city)
______________(county)
III
Plaintiff(s) (is)
(are) entitled to possession of the personal property because:
______
Defendant(s) took the personal property wrongfully because plaintiff(s) had not
abandoned the property, and because either there was no court order awarding
defendant(s) possession of the premises or the plaintiff(s) (was) (were) not
continuously absent from the premises for seven days after such an order when
defendant(s) removed the personal property.