ORS § 105 § 105.140
Continuance.
Operative Text
No continuance shall be granted to a defendant for a longer period than two days unless: (1) The defendant gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant; or (2) In an action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies, the court orders a defendant to pay rent into court as it becomes due from the commencement of the action until entry of a general judgment in the action. If a defendant fails to pay rent into court as ordered under this subsection, the action shall be tried forthwith. [Amended by 1973 c.559 §36; 1977 c.365 §2; 1979 c.854 §4; 2003 c.576 §237]
Oregon Revised Statutes § 105.140 limits how long a court may delay (continue) a possession or eviction case at a defendant's request. Unless the defendant either posts a security undertaking approved by the court to cover any rent that might be owed, or—in residential dwelling-unit cases covered by ORS chapter 90—pays ongoing rent directly into the court as it comes due, the continuance cannot exceed two days. If a defendant in a residential case is ordered to pay rent into court and fails to do so, the case must proceed to trial immediately.
Plain English — not legal advice.
Under ORS § 105.140, landlords pursuing a possession action generally benefit from a rule that prevents defendants from obtaining open-ended delays without financial accountability. A compliant and informed operator typically monitors whether the court has ordered the tenant to pay rent into court and alerts the court promptly if those payments are not made, since a missed payment triggers the requirement that the case be tried without further delay. Knowing this provision exists helps property owners understand that the court process has built-in protections against prolonged continuances that could allow rent to go unpaid indefinitely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.140 establishes that a tenant seeking more than a two-day continuance in a possession case must either provide court-approved security or, in a residential case under ORS chapter 90, pay rent into court as it comes due. Tenants should be aware that failing to make court-ordered rent payments can cause the case to be set for immediate trial, removing any additional time that might otherwise have been available. Tenants facing a possession action may want to consult a tenant-rights organization or legal aid office to understand what options exist for requesting a continuance and meeting the conditions ORS § 105.140 requires.
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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