ORS § 105 § 105.111
Stay of eviction for state service member.
Operative Text
(1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days. (2) In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant for up to 90 days if: (a) The defendant is a state service member; (b) The agreed-upon rent does not exceed $1,200 per month; and (c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant. (3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction.
ORS § 105.111 establishes a court-available protection for certain Oregon militia members who are called into active state service by the Governor for 30 or more consecutive days. When an eviction action is filed, a court may pause the eviction for up to 90 days if the monthly rent does not exceed $1,200 and the home is primarily occupied by the service member's spouse, children, or other dependents. The stay may be granted when the service member can demonstrate that being called into active duty has materially affected their ability to pay rent.
Plain English — not legal advice.
ORS § 105.111 means that landlords pursuing eviction under ORS 105.110 may encounter a court-ordered delay of up to 90 days when the tenant qualifies as a state service member called into active duty by the Governor. Compliant operators generally account for the possibility of such stays when managing timelines for units rented at or below $1,200 per month that are occupied by a service member's dependents. Familiarity with this provision helps property managers set realistic expectations when eviction proceedings involve households connected to Oregon organized militia service.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ORS § 105.111, a tenant who is a member of the Oregon organized militia called into active state service for 30 or more consecutive days may be eligible to request a court-ordered stay of eviction for up to 90 days. To pursue this protection, the tenant would generally need to demonstrate to the court that active-duty service has materially affected their ability to pay the agreed-upon rent, and that the home is primarily occupied by their spouse, children, or other dependents, with rent not exceeding $1,200 per month. Tenants who believe this provision may apply to their situation can seek information from a tenant-rights organization or legal aid office familiar with Oregon landlord-tenant and military-service protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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