105.128
Landlord action to remove perpetrator of domestic violence, sexual assault or
stalking from possession of dwelling unit; retention of possession by victim. In an action for possession of a
dwelling unit to which ORS chapter 90 applies:
(1) If the
defendant raises a defense under ORS 90.449 based upon the defendant’s status
as a victim of domestic violence, sexual assault or stalking and the
perpetrator is a tenant of the dwelling unit, the court may issue an order
terminating the tenancy of the perpetrator and ordering the perpetrator to
vacate the dwelling unit without terminating the tenancy of the other tenants
and without awarding possession to the plaintiff.
(2) If the action
is based upon a notice terminating the tenancy of a perpetrator under ORS
90.445, the court may issue an order upholding the termination of the
perpetrator’s tenancy and ordering the perpetrator to vacate the dwelling unit
without the tenancy of the other tenants being terminated and without awarding
possession to the plaintiff.
(3) If a court
issues an order described in subsection (1) or (2) of this section, the court
may enter judgment in favor of the plaintiff against the perpetrator. The
plaintiff may enforce the judgment against the perpetrator as provided in ORS
105.151, but may not enforce the judgment against any other tenant of the
dwelling unit. The sheriff shall remove only the perpetrator from the dwelling
unit. The sheriff may not return possession of the dwelling unit to the
plaintiff. [2007 c.508 §6]