ORS § 105 § 105.148

Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonEviction & Just Cause

Operative Text

ORS § 105 § 105.148
(1)(a) To contest a plaintiff’s affidavit or declaration of noncompliance under ORS 105.146 and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The request must be filed prior to issuance by the clerk of a writ of execution of judgment of restitution and must include a statement by the defendant describing how the defendant complied with the order or describing why the defendant should not be required to comply.

(b) A court may, as part of the procedure authorized by ORS 105.146 (6), require that a defendant submit a hearing request to the court for ex parte review prior to the defendant’s filing the request with the clerk. If the court provides for ex parte review, the ex parte review must be available every judicial day for appearance by the defendant before the court within the time period between service of the notice of restitution and the date of expiration of the notice of restitution. The notice of restitution must include or have attached to it a description of the requirements for appearing before the court for ex parte review and a copy of the hearing request form. The court may not require that the defendant notify the plaintiff of the defendant’s intention to appear before the court. If, after hearing the defendant at the ex parte review, the court finds that the reasons given by the defendant for opposing the plaintiff’s affidavit or declaration of noncompliance do not relate to the issues listed in ORS 105.149 (2), the court shall deny the request for a hearing.

(2) The clerk shall make available a document providing for a request for hearing by a defendant. The document must be in substantially the following form:

______________________________________________________________________________

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

Defendant’s Request for Hearing to

Contest an Affidavit or Declaration

of Noncompliance

Case No. _____

Landlord or agent (Plaintiff):

__________________

vs.

Tenant/Occupant (Defendant):

__________________

Address of Property:

__________________

__________________

1. My landlord has filed a statement with the court saying that I have not complied with a court-approved agreement and that as a result my landlord is entitled to possession of the property.

2. I deny the landlord is entitled to possession of the property because (The reason must be one of the following. You must check one or more of these responses and you must explain in section 3.):

_____ a. The landlord is wrong. As explained below, I did comply with the agreement.

_____ b. Before I could comply with the agreement, the landlord was supposed to do what is explained below, which the landlord did not do.

_____ c. The landlord and I changed the agreement and I complied with the agreement as changed. The change we agreed to is explained below.

_____ d. The landlord prevented me from keeping the agreement. The way the landlord did that is explained below.

_____ e. The agreement was not made in good faith as required by ORS 90.130. The lack of good faith is explained below.

_____ f. The portion of the agreement described below was unconscionable as described in ORS 90.135.

_____ g. The landlord is required by law or contract to have good cause to force me to move out and my alleged conduct or performance does not meet the standard of good cause, as explained below.

_____ h. The landlord is claiming I did not pay rent for a period of time following the date of the agreement. I did not pay that rent because I have claims for money against the landlord to offset the rent. Those claims arise from the landlord’s violation of the Residential Landlord and Tenant Act or the rental agreement since the date of the court order and are explained below.

3. Here is my explanation for the reason or reasons checked above:

___________________________

___________________________

___________________________

4. I understand that if I lose in court, I may be responsible for the landlord’s costs, disbursements, any attorney fees and a prevailing party fee.

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

_______________

(Signature of tenant)

Date: ________

______________________________________________________________________________

(3) As an alternative to the document described in subsection (2) of this section, a defendant may request a hearing by use of a notarized affidavit.
Source: Legislative text reproduced verbatim
Plain English

ORS § 105.148 establishes a procedure by which a tenant (defendant) can formally contest a landlord's claim that the tenant failed to comply with a court-approved agreement, thereby potentially delaying eviction. To trigger this process, the tenant must file a hearing request with the court clerk before a writ of execution is issued, explaining either how they did comply or why compliance should not be required. Some courts may also require an initial ex parte review — a brief appearance before a judge without the landlord present — before the request is formally filed, and the court must make this review available every judicial day within the relevant notice period. The provision also specifies the standardized form that courts must make available for this purpose, along with an affidavit alternative.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under ORS § 105.148, a landlord who has filed an affidavit or declaration of noncompliance under ORS 105.146 should be aware that the tenant has a formal right to contest that filing and request a hearing before a writ of execution is issued. Compliant operators generally monitor whether a hearing request has been filed with the court clerk, since such a filing can delay execution upon a judgment of restitution. Landlords should also be aware that some courts have established ex parte review procedures under this section, and that the provision explicitly does not require the tenant to notify the landlord before appearing for such a review.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

ORS § 105.148 gives tenants a structured way to fight back against a landlord's claim of noncompliance with a court-approved agreement, by filing a hearing request with the court clerk before a writ of execution is issued. The standardized form provided under this section lists specific grounds a tenant may raise — such as actual compliance, the landlord's own failure to perform, a mutually agreed change to the agreement, or claims for money owed by the landlord — and requires a written explanation for each ground checked. Tenants who want to understand which grounds apply to their circumstances, or how the ex parte review process works in their local court, may benefit from consulting a tenant-rights organization or legal aid provider familiar with ORS § 105.148.

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.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 105.146
Not yet ingested
ORS § 105.149
Not yet ingested
ORS § 90.130
Not yet ingested
ORS § 90.135
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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