ORS § 105 § 105.132
Assertion of counterclaim.
Operative Text
No person named as a defendant in an action brought under ORS 105.100 to 105.168 may assert a counterclaim unless the right to do so is otherwise provided by statute.
Under ORS § 105.132, defendants in eviction or related actions brought under ORS 105.100 to 105.168 are generally barred from raising counterclaims within that same proceeding. The rule limits the scope of these summary proceedings by preventing defendants from introducing separate claims against the plaintiff, unless another statute specifically grants that right. This keeps the action focused on the narrow issues the legislature intended these proceedings to resolve.
Plain English — not legal advice.
ORS § 105.132 generally works in a landlord's favor when pursuing an action under ORS 105.100 to 105.168, because defendants are restricted from asserting counterclaims in that proceeding unless a separate statute permits it. Operators familiar with this provision understand that these summary proceedings are designed to remain focused and are not typically the venue where tenants can introduce unrelated monetary or other claims. Landlords managing properties in Oregon commonly consult legal counsel to understand which statutes, if any, might create exceptions to this general bar.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.132 limits a tenant's ability to raise counterclaims directly within a proceeding brought under ORS 105.100 to 105.168, unless another Oregon statute specifically authorizes doing so. Tenants who believe they have claims against a landlord—such as for habitability issues or improper charges—may need to pursue those claims in a separate legal action rather than as a counterclaim in the eviction proceeding. Tenant-rights organizations and legal aid offices in Oregon can help identify which statutes, if any, might preserve the right to assert a counterclaim in a given type of proceeding under this framework.
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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