Allows a court to enter a supplemental eviction judgment within 180 days of an eviction judgment against a tenant who reenters the property, subject to the tenant's right to request a hearing.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1002
Sponsored by Senator THATCHER; Senator WEBER, Representatives DIEHL, RESCHKE
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act allows a court to evict a squatter or a tenant who returns after eviction.
(Flesch Readability Score: 63.6).
Allows a court to enter a supplemental eviction judgment within 180 days of an eviction judg-
ment against a tenant who reenters the property, subject to the tenant’s right to request a hearing.
Allows a court to evict an unauthorized occupant under the process for eviction of a residential
tenant. Applies to existing occupancies.
A BILL FOR AN ACT
Relating to eviction; creating new provisions; and amending ORS 105.115, 105.130, 105.152 and
105.153.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS 105.100 to
105.168.
SECTION 2. (1) Within 180 days following a judgment, a court may enter a supplemental
judgment of restitution in favor of the plaintiff upon receipt of an affidavit or declaration
that:
(a) The defendant vacated the premises following a judgment of restitution given in favor
of the plaintiff under ORS 105.128, 105.137, 105.145, 105.146 or 105.149;
(b) For reasons outside of the plaintiff’s reasonable control, the defendant has since re-
turned to and is occupying the premises without authorization, permission or a new rental
agreement;
(c) A notice of restitution under ORS 105.151 (1)(a):
(A) Has not been issued;
(B) Was previously served on the defendant; or
(C) Has expired as described in ORS 105.159 (3); and
(d) A writ of execution of judgment of restitution under ORS 105.151 (1)(b):
(A) Has not been issued; or
(B) Has expired as described in ORS 105.159 (3) or 105.161 (3).
(2) A supplemental judgment of restitution under this section may be enforced as pro-
vided in ORS 105.151.
(3) The court shall establish a procedure that allows the defendant to request a hearing
on the plaintiff’s affidavit or declaration under this section and delay expiration of the notice
of restitution period or execution upon a supplemental judgment of restitution pending the
hearing.
(4)(a) To contest a plaintiff’s affidavit or declaration of noncompliance under subsection
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 858
SB 1002
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(3) of this section and delay expiration of the notice of restitution period or execution upon
the supplemental judgment of restitution, a defendant shall file a request for hearing with
the clerk of the court.
(b) The request must be filed prior to issuance by the clerk of a writ of execution of
supplemental judgment of restitution and must include a statement by the defendant that
either:
(A) The defendant has entered into a new rental agreement for the premises following
the original judgment of restitution; or
(B) The defendant has not returned and does not intend to return to the premises.
(c) A court may provide an ex parte review of the hearing request in the manner provided
by ORS 105.148 (1)(b).
SECTION 3.
ORS 105.152 is amended to read:
105.152. (1) If the court entered a judgment pursuant to ORS 105.146, a notice of restitution is-
sued by the clerk of the court pursuant to ORS 105.151 must be in substantially the following form:
_______________________________________________________________________________________
IN THE CIRCUIT COURT FOR
THE COUNTY OF
Notice of Restitution
because of not complying
with a court-approved agreement
Case Number
TO:
(Tenant/Defendant)
(Address of rental property)
You and your landlord made a court-approved agreement allowing you to stay in the property.
Your landlord claims that you have not kept that agreement. (A copy of the landlord’s claim is at-
tached.) Unless you can prove to the court why you should not have to move out, you must move
by the MOVE OUT DATE listed below. If you do not, the landlord can have the Sheriff physically
remove you.
If you believe that you have kept the agreement or that you have a legal reason for not keeping
the agreement, you are entitled to a court hearing. Legal reasons are listed in ORS 105.148 and
105.149. They include the landlord interfering with your effort to keep the agreement and your
complying with a modification of the agreement made by you and your landlord.
To request a hearing, you must go to the court and complete a form explaining why you believe
that you have kept (or should not be required to keep) the agreement. You have to do this
before a.m./p.m. on . The Sheriff will not physically remove you from the
property before the hearing.
If the judge rules against you at the hearing, the landlord can have the Sheriff physically re-
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move you.
DEADLINE TO MOVE OUT
MOVE OUT DATE:
If you do not request a hearing, you must move out of the property no later than 11:59 p.m. on
the Move Out Date.
If you and everyone else living there do not move out by that time, the Sheriff will physically
remove you. You must also move all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law.
Deputy Court Administrator
_______________________________________________________________________________________
(2) If the court entered a supplemental judgment pursuant to section 2 of this 2025 Act,
a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be in
substantially the following form:
IN THE CIRCUIT COURT FOR
THE COUNTY OF
Notice of Restitution
of tenant returning after
judgment of restitution
Case Number
TO:
(Tenant/Defendant)
(Address of rental property)
Your landlord claims that despite the previous judgment of restitution, you have not
vacated or have returned to the property. A copy of your landlord’s claim is attached. The
Court has issued a supplemental judgment of restitution.
Unless you can prove to the court that you have not reentered the property or why you
should not have to move out, you must move by the MOVE OUT DATE listed below.
You are entitled to a court hearing. To request a hearing, you must go to the court and
complete a form. You have to do this before a.m./p.m. on . The
Sheriff will not physically remove you from the property before the hearing.
If the judge rules against you at the hearing, the landlord can have the Sheriff physically
remove you.
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DEADLINE TO MOVE OUT
MOVE OUT DATE:
If you do not request a hearing, you must move out of the property no later than 11:59
p.m. on the Move Out Date.
If you and everyone else living there do not move out by that time, the Sheriff will
physically remove you. You must also move all of your belongings by that time. Anything
you leave behind will be stored or disposed of as allowed by law.
Deputy Court Administrator
SECTION 4. ORS 105.153 is amended to read:
105.153. If a court entered a judgment other than pursuant to ORS 105.146 or section 2 of this
2025 Act , a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be
in substantially the following form:
_______________________________________________________________________________________
In the Circuit Court for the
County of
NOTICE OF RESTITUTION
Case Number
TO:
(Defendant/Tenant)
(Address of property)
DEADLINE TO MOVE OUT
MOVE OUT DATE:
The Court has ordered you to move out of the property. You must move out no later than 11:59
p.m. on the Move Out Date.
If you and everyone else living there do not move out by that time, the Sheriff will physically
remove you. You must also move all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law.
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Deputy Court Administrator
_______________________________________________________________________________________
SECTION 5.
ORS 105.115 is amended to read:
105.115. (1) Except as provided by subsections (2) and (3) of this section, the following are causes
of unlawful holding by force within the meaning of ORS 105.110, 105.123 and 105.126:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within
10 days after the rent is due under the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after being in default on payment of rent
for 10 days.
(b) When the lease by its terms has expired and has not been renewed, or when the tenant or
person in possession is holding from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or covenant
of the lease or is holding possession without any written lease or agreement.
(c) When the owner or possessor of a recreational vehicle that was placed or driven onto prop-
erty without the prior consent of the property owner, operator or tenant fails to remove the recre-
ational vehicle. The property owner or operator is not required to serve a notice to quit the
property before commencing an action under ORS 105.126 against a recreational vehicle owner or
possessor holding property by force as described in this paragraph.
(d) When the person in possession of a premises remains in possession after the time when a
purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946
or 86.782.
(e) When the person in possession of a premises remains in possession after the time when a
deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the
premises.
(f) When the person in possession of a premises remains in possession after the time when a
seller is entitled to possession in accordance with the provisions of ORS 93.930 (2)(c) or pursuant
to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest
in real property.
(g) When the person in possession of a premises remains in possession after the expiration of a
valid notice terminating the person’s right to occupy the premises pursuant to ORS 91.120, 91.122
or 91.130.
(h) When the person in possession of a premises, including a person who is a squatter,
as defined in ORS 90.100, remains in possession if that person has entered the premises not
pursuant to a tenancy, a rental agreement or another agreement authorizing occupancy, or
has entered as a guest and refuses to depart after the owner has demanded, orally or in
writing, that the person vacate the premises.
(2) In the case of a dwelling unit to which ORS chapter 90 applies:
(a) The following are causes of unlawful holding by force within the meaning of ORS 105.110 and
105.123:
(A) When the tenant or person in possession of any premises fails or refuses to pay rent within
the time period required by a notice under ORS 90.392 or 90.394.
(B) When a rental agreement by its terms has expired and has not been renewed, or when the
tenant or person in possession remains in possession after a valid notice terminating the tenancy
pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental
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agreement or ORS chapter 90.
(b) A landlord may not file an action for the return of possession of a dwelling unit based upon
a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the
expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period
provided in a notice terminating the tenancy.
(c) The court may dismiss a claim for possession at any time if the complaint does not comply
with this subsection.
(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to deter-
mine the rights of the parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as pro-
vided by ORS 90.385 and 90.765.
SECTION 6.
ORS 105.130 is amended to read:
105.130. (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 partic-
ular 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) [ or (f) ] 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) [ or (f) ], except that the complaint must be in the form prescribed
in ORS 105.126.
SECTION 7.
The amendments to ORS 105.115 and 105.130 by sections 5 and 6 of this 2025
Act apply to persons who have commenced possession of a premises before, on or after the
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effective date of this 2025 Act.
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