(e) If the basis
for the complaint is that removal was wrongful because the plaintiff did not
use or possess alcohol, marijuana or illegal drugs, the defendant has the
burden of proving that the plaintiff used or possessed alcohol, marijuana or
illegal drugs as described in ORS 90.440 within seven days preceding delivery
of the written notice of removal.
(f) A claim for
damages may not be asserted by either party in the action for possession of the
dwelling unit under this section, but each party may pursue any claim for
damages in a separate action.
(g) A party may
join an action for possession of the dwelling unit with an action for damages
or a claim for other relief, but the proceeding is not governed by the
provisions of ORS 105.100 to 105.168.
(h) If the court
determines that the plaintiff is entitled to possession of the dwelling unit
that is the subject of the complaint, the court shall enter an order directing
the defendant to return possession of the dwelling unit to the plaintiff. The
court may provide that the defendant have a period of time to deliver
possession of the dwelling unit to the plaintiff.
(i) Subject to
the provisions of ORCP 68, a prevailing party who has been represented by
counsel may recover attorney fees as provided by ORS 90.255. [2007 c.715 §5;
2017 c.21 §36]