ORS § 105 § 105.130
How action conducted; fees.
Operative Text
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state. (2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall: (a) Collect a filing fee of $88; (b) Collect any other fee authorized by law or ordinance; and (c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service. (3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section. (4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff. (5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if: (a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and (b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted. (6) An action brought under ORS 105.110 by a person entitled to possession of premises on the basis of circumstances described in ORS 105.115 (1)(d), (e), (f) or (h) is subject to the filing fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject to ORS chapter 90. The procedure under ORS 105.100 to 105.168 that is applicable to an action concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under ORS 105.115 (1)(d), (e), (f) or (h), except that the complaint must be in the form prescribed in ORS 105.126. [Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753 §10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993 c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702 §§53,54,55; 2007 c.493 §§8,18b; 2007 c.860 §8; 2009 c.638 §2; 2011 c.595 §55; 2013 c.685 §§37,37a; 2014 c.76 §11; 2017 c.663 §9; 2019 c.605 §10; 2025 c.356 §5]
ORS § 105.130 governs how eviction (forcible entry and detainer) actions are processed in Oregon courts. When a case involves a residential dwelling unit covered by ORS chapter 90, a filing fee of $88 is required from the plaintiff at the outset, and a separate $88 fee applies to any defendant who demands a trial. The provision also addresses who may represent parties in these proceedings, including allowing certain nonattorneys—such as agents or employees of a landlord—to appear on behalf of a plaintiff in residential cases, and permitting state agencies to appear through their own officers or employees under specific conditions.
Plain English — not legal advice.
Under ORS § 105.130, landlords or their authorized agents initiating an eviction action for a dwelling unit subject to ORS chapter 90 are generally responsible for paying an $88 filing fee when the complaint is filed. Compliant operators typically ensure that the summons and complaint are properly completed with the clerk's assistance and that sufficient copies are prepared for service. Landlords should also be aware that a nonattorney agent or employee may appear on their behalf in these proceedings, which can affect how they choose to staff or manage the court process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.130 establishes that a tenant who demands a trial in an eviction action involving a dwelling unit covered by ORS chapter 90 will be required to pay an $88 filing fee to the court. Tenants should be aware that the landlord may be represented by a nonattorney agent rather than a licensed attorney in these proceedings. Tenants facing eviction actions under ORS § 105.130 may wish to consult a tenant-rights organization or legal aid provider to understand available procedural options and defenses.
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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