ORS § 105 § 105.139
Burden of proof in certain cases.
Operative Text
If a landlord brings an action for possession under ORS 90.403 and the person in possession contends that the tenant has not vacated the premises, the burden of proof is on the defendant as to that issue.
Under ORS § 105.139, when a landlord files an eviction action for possession under ORS 90.403 and the occupant claims that the tenant has not actually vacated the premises, the law shifts the burden of proof on that specific factual question to the defendant. In other words, it is the defendant's responsibility to produce evidence showing the tenant remains in occupancy, rather than the landlord's responsibility to prove the tenant has left. This rule applies narrowly to the question of whether the tenant vacated — it does not shift the burden on other issues in the case.
Plain English — not legal advice.
Under ORS § 105.139, when a landlord pursues a possession action under ORS 90.403, the law places the burden of proving continued occupancy on the defendant if they contest whether the tenant has vacated. A compliant operator generally maintains clear documentation — such as written notices, correspondence, and records of the unit's condition — that supports the factual basis for the possession claim. Keeping thorough records of any communications with the tenant regarding the end of the tenancy can be important in these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.139 establishes that in a possession action brought under ORS 90.403, a person in possession who argues that the tenant has not vacated bears the burden of proving that fact to the court. This means that if you are contesting such a claim, you would generally need to present evidence — such as documentation of continued residency — to support your position. Tenant-rights organizations in Oregon can help explain what kinds of evidence may be relevant, and this issue can also be raised as part of your defense in the court proceeding.
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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