ORS § 90 § 90.370
Tenant counterclaims in action by landlord for possession or rent.
Operative Text
(1)(a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount, not in excess of the jurisdictional limits of the court in which the action is brought, that the tenant may recover under the rental agreement or this chapter, provided that the tenant must prove that prior to the filing of the landlord’s action the landlord reasonably had or should have had knowledge or had received actual notice of the facts that constitute the tenant’s counterclaim. (b) In the event the tenant counterclaims, the court at the landlord’s or tenant’s request may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and shall be paid the balance by the other party. The court may at any time release money paid into court to either party if the parties agree or if the court finds such party to be entitled to the sum so released. If no rent remains due after application of this section and unless otherwise agreed between the parties, a judgment shall be entered for the tenant in the action for possession. (2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) of this section but is not required to pay any rent into court. (3) If the tenant does not comply with an order to pay rent into the court as provided in subsection (1) of this section, the tenant shall not be permitted to assert a counterclaim in the action for possession. (4) If the total amount found due to the tenant on any counterclaims is less than any rent found due to the landlord, and the tenant retains possession solely because the tenant paid rent into court under subsection (1) of this section, no attorney fees shall be awarded to the tenant unless the tenant paid at least the balance found due to the landlord into court no later than the commencement of the trial. (5) When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under ORS 105.140 (2).
Oregon Revised Statutes § 90.370 establishes a mechanism by which a tenant who is being sued by a landlord for unpaid rent or for possession of a rental unit may bring their own claims against the landlord within the same court proceeding, up to the court's jurisdictional dollar limit. The tenant's counterclaim is only available if the landlord knew or reasonably should have known about the underlying facts before filing the action. The court can require the tenant to deposit disputed rent into the court registry, then calculate what each party owes the other and distribute funds accordingly; if a tenant fails to comply with a court order to pay rent into court, the counterclaim in the possession action is forfeited.
Plain English — not legal advice.
Under ORS § 90.370, landlords who file for possession or unpaid rent should be aware that tenants are permitted to raise counterclaims in the same proceeding, provided the landlord had prior knowledge of the facts underlying those claims. Compliant operators generally document all communications and maintenance requests carefully, so that any issues a tenant might raise as a counterclaim are addressed promptly and on record before litigation becomes necessary. Landlords may request that the court order the tenant to pay accrued rent into the court registry during the proceeding, which can help ensure that rental funds are preserved while the competing claims are resolved.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.370 gives tenants the right to assert claims against a landlord—such as claims arising from the rental agreement or Oregon's landlord-tenant statutes—as counterclaims within a landlord's action for possession or rent, without having to file a separate lawsuit. To preserve this right in a possession case, a tenant must comply with any court order to pay rent into the court registry; failure to do so can result in losing the ability to assert the counterclaim in that action. Tenants who believe they have claims against their landlord may wish to consult a tenant-rights organization or legal aid provider familiar with ORS § 90.370 to understand the procedural steps and deadlines that apply in their local court.
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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