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.
(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 POSSESSION OF A
DWELLING UNIT IN A
GROUP RECOVERY HOME
I
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)
II
Notice of removal
from the dwelling unit was served on plaintiff under ORS 90.440. The notice of
removal was served on:
______________ (date)
III
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.