ORS § 105 § 105.168
Minor as party in proceedings pertaining to residential dwellings.
Operative Text
Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit.
Oregon Revised Statutes § 105.168 creates an exception to the general rule that minors must have a guardian or guardian ad litem to participate in legal proceedings. Under this provision, a minor who qualifies as a tenant under ORS 90.100 and meets the definition in ORS 109.697 may appear on their own behalf in court actions involving possession of a residential dwelling unit or contracts for that unit and its utility services. This applies to forcible entry or wrongful detainer proceedings governed by ORS 105.100 to 105.168, as well as related contract-based claims.
Plain English — not legal advice.
ORS § 105.168 means that a landlord involved in a forcible entry, wrongful detainer, or related contract action may find a minor tenant appearing as a party in their own right, without a court-appointed guardian or guardian ad litem. Operators who manage residential units should be aware that standard procedural assumptions about minor parties do not apply in these proceedings under ORS chapter 90. Keeping accurate records of all tenants and their tenancy agreements is a practice consistent with compliance in situations where a minor may be a recognized party to a residential dwelling contract.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.168 recognizes that a minor who is a tenant under ORS 90.100 has the legal standing to appear in court without needing a guardian or guardian ad litem appointed on their behalf in proceedings about their home. This includes wrongful detainer or forcible entry actions under ORS 105.100 to 105.168, as well as actions based on a residential dwelling contract or utility services for that unit. Minor tenants who find themselves in such proceedings may wish to consult a tenant-rights organization or legal aid office to understand the full scope of their rights and available options.
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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