to 91.110 and 105.120. Nothing in ORS 105.100 to 105.168 prevents such

91.050 to 91.110 and 105.120. Nothing in ORS 105.100 to 105.168 prevents such action from being maintained for the recovery of the possession of real property although the entry of the defendant is forcible or the holding is unlawful and with force as defined in ORS 105.105.

����� 105.080 Reimbursement of tenants in common obtaining possession; lien. In all cases where property in this state is or has been claimed or owned by residents of this state in common with others, and such residents have obtained or shall obtain the possession of the property at their own cost, expense or labor, they are entitled to reimbursement from the remaining claimant in common of the property, according to their proportionate interest therein. Residents so obtaining possession of such property have a lien upon it until the remaining claimant has paid or tendered such proportionate share of the reasonable costs, expenses or labor aforesaid.

FORCIBLE ENTRY AND WRONGFUL DETAINER

����� 105.100 Definition of �attorney.� As used in ORS 105.100 to 105.168, �attorney� includes an associate licensee of the Oregon State Bar practicing law in the licensee�s approved scope of practice. [2023 c.72 �49; 2025 c.32 �87]

����� 105.105 Entry to be lawful and peaceable only. No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.

����� 105.110 Action for forcible entry or wrongful detainer. When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force, the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the circuit court or before any justice of the peace of the county. [Amended by 1985 c.241 �1; 1995 c.658 �68]

����� 105.111 Stay of eviction for state service member. (1) As used in this section, �state service member� means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days.

����� (2) In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant for up to 90 days if:

����� (a) The defendant is a state service member;

����� (b) The agreed-upon rent does not exceed $1,200 per month; and

����� (c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant.

����� (3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction. [2003 c.387 �7]

����� 105.112 Action by tenant to recover personal property; forms. (1) A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter 90.

����� (2) An action under this section shall be governed by the provisions of ORS 105.100 to