ORS § 105 § 105.138
Compelling arbitration; procedure.
Operative Text
(1) Notwithstanding ORS 105.137 (6), if a party to an action to which ORS 90.505 to 90.850 apply moves for an order compelling arbitration and abating the proceedings, the court shall summarily determine whether the controversy between the parties is subject to an arbitration agreement enforceable under ORS 90.769 and, if so, shall issue an order compelling the parties to submit to arbitration in accordance with the agreement and abating the action for not more than 30 days, unless the parties agree to an order of abatement for a longer period acceptable to the court. (2) If the court issues an order compelling arbitration under subsection (1) of this section, the court may not order the payment of rent into court pending the arbitration unless the court finds such an order is necessary to protect the rights of the parties.
ORS § 105.138 establishes a court procedure for compelling arbitration in disputes governed by Oregon's manufactured dwelling and floating home tenancy statutes (ORS 90.505–90.850). When a party asks the court to send a dispute to arbitration, the court must quickly decide whether a valid, enforceable arbitration agreement exists; if it does, the court orders arbitration and pauses the lawsuit for up to 30 days (or longer if both parties agree). While arbitration is pending, the court generally cannot require rent to be paid into court unless it determines that such an order is necessary to protect the parties' rights.
Plain English — not legal advice.
Under ORS § 105.138, landlords operating manufactured dwelling parks or floating home marinas who have enforceable arbitration clauses in their agreements can move the court to compel arbitration and pause litigation. A compliant operator typically ensures that any arbitration agreement is clearly written and meets the enforceability standards of ORS 90.769, so that a court can quickly confirm its validity. Landlords should also be aware that once arbitration is compelled, the court's ability to require rent deposits during the arbitration period is limited unless the court finds such a measure necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.138 gives tenants in manufactured dwelling or floating home communities the right to have a court promptly evaluate whether an arbitration clause in their rental agreement is actually enforceable before being compelled to arbitrate. If a landlord moves to compel arbitration, tenants can raise challenges to the validity or enforceability of the arbitration agreement at that summary court hearing. Tenants who have questions about whether an arbitration clause applies to their situation may benefit from contacting a tenant-rights organization or legal aid provider familiar with ORS 90.505–90.850.
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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