105.165
Alternative method of removing, storing and disposing of tenant’s personal
property; requirements; landlord liability. (1) If ORS chapter 90 applies to a dwelling unit,
following restitution of the premises to the plaintiff by the sheriff pursuant
to ORS 105.161, the plaintiff shall remove, store and dispose of any personal
property left by the defendant on the premises as provided in ORS 90.425 or
90.675.
(2) If ORS
chapter 90 does not apply to a premises, the plaintiff or landlord shall
remove, store and dispose of any personal property left by the defendant or
tenant upon the premises following recovery of possession of the premises by
the plaintiff or landlord:
(a) Pursuant to
any landlord’s lien available under ORS 87.162;
(b) As provided
by any rental agreement between the plaintiff or landlord and the defendant or
tenant; or
(c) At the
plaintiff or landlord’s discretion, by following the process described in ORS
90.425 (2), (3) and (5) to (11) and (13) to (16) except that:
(A) The plaintiff
or landlord may require payment of any amount owed by the defendant or tenant
to the plaintiff or landlord prior to allowing the defendant or tenant to
remove or recover the personal property if the payment requirement is stated in
the written notice; and
(B) ORS 90.425
may be applied to address only the rights and obligations of the plaintiff or
landlord and defendant or tenant in the personal property and not the rights of
other parties.
(3) Any cost
incurred by the plaintiff for execution pursuant to ORS 105.151 or 105.158 to
105.161 or for removal, storage or sale of the defendant’s property under this
section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be
added to the judgment.