ORS § 105 § 105.128
Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim.
Operative Text
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.
ORS § 105.128 establishes a court procedure that can separate a perpetrator of domestic violence, sexual assault, or stalking from a shared dwelling unit without displacing the other tenants or returning possession to the landlord. When a victim raises a defense under ORS 90.449, or when a landlord has already issued a termination notice under ORS 90.445, a court may order only the perpetrator to vacate while leaving the remaining tenants' tenancy intact. Any judgment entered under this provision runs only against the perpetrator, and law enforcement is authorized to remove only that individual — not the other occupants — from the home.
Plain English — not legal advice.
Under ORS § 105.128, landlords who bring a possession action involving a perpetrator of domestic violence, sexual assault, or stalking should be aware that a court has authority to resolve the case by removing only the perpetrator rather than awarding full possession of the unit to the landlord. Operators who have issued a proper termination notice under ORS 90.445 may still pursue a judgment against the perpetrator, but that judgment cannot be enforced against other tenants who remain in the unit. Compliant property managers generally document the basis for any termination notice carefully and understand that the sheriff's role in these cases is limited to removing the named perpetrator.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.128 gives tenants who are victims of domestic violence, sexual assault, or stalking a meaningful protection in eviction proceedings: a court can order the perpetrator out of the dwelling unit while allowing the victim and other tenants to remain, without handing possession back to the landlord. A tenant facing an eviction action may be able to raise a defense under ORS 90.449 to trigger this protection, and the resulting court order would bind only the perpetrator. Tenants in this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand the full range of options available under ORS § 105.128 and related statutes.
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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