ORS § 105 § 105.146
Failure of defendant to perform as ordered; judgment of restitution.
Operative Text
(1) In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to retain possession of the premises contingent upon the defendant’s performance or payment of moneys by a certain date as provided under ORS 105.145 (2), and the defendant fails to comply with the order, the plaintiff may obtain and enforce a judgment of restitution of the premises pursuant to this section and ORS 105.148 and 105.149. (2) A plaintiff may obtain and enforce a judgment of restitution based upon an order entered as provided under ORS 105.145 (2), provided the order includes only: (a) Future performance or conduct as described in the order for a period of not more than six months following entry of the order; (b) Payment of past due rent and other past due amounts pursuant to a schedule provided in the order for a period of not more than six months following entry of the order; (c) Payment of rent due for future rental periods that follow entry of the order pursuant to a schedule provided in the order for not more than the first three monthly rental periods following entry of the order; and (d) Payment of any costs, disbursements or attorney fees pursuant to a schedule provided in the order. (3) The order shall contain a statement providing that 12 months following the entry of the order, the court shall automatically dismiss the order without further notice to either the plaintiff or the defendant. (4) If the defendant fails to comply with the order, the plaintiff may file with the clerk of the court an affidavit or declaration of noncompliance describing how the defendant has failed to comply. The plaintiff shall attach a copy of the order to the affidavit or declaration. The affidavit or declaration, or the order, must include the terms of the underlying settlement agreement or stipulation or have a copy of the agreement attached. (5) Upon receipt of a plaintiff’s affidavit or declaration: (a) The court shall enter a judgment of restitution; and (b) The clerk shall issue a notice of restitution as provided by ORS 105.151 and attach to the notice a copy of the plaintiff’s affidavit or declaration of noncompliance and any attachments for service. (6) The court shall establish a procedure that allows the defendant to request a hearing on the plaintiff’s affidavit or declaration of noncompliance and delay expiration of the notice of restitution period or execution upon a judgment of restitution pending the hearing. (7) The court shall enter a judgment dismissing the plaintiff’s action in favor of the defendant without assessment of costs, disbursements, prevailing party fee or attorney fees against either party except as provided in the order and without further notice to either party: (a) Upon receipt of a writing signed by the plaintiff showing compliance with or satisfaction of the order; or (b) Twelve months following entry of the order, unless the plaintiff has filed an affidavit or declaration of noncompliance and the court has found in favor of the plaintiff on the affidavit or declaration.
ORS § 105.146 establishes a process for resolving eviction cases through a court-approved stipulated order that lets a tenant remain in their home as long as they meet specific conditions—such as paying past-due rent on a schedule or fulfilling other agreed-upon obligations. If the tenant fails to meet those conditions, the landlord can trigger a judgment of restitution by filing an affidavit of noncompliance with the court, without needing a full new hearing. The order automatically expires and the case is dismissed in the tenant's favor twelve months after entry, unless the landlord has already filed and prevailed on a noncompliance claim before that deadline.
Plain English — not legal advice.
Under ORS § 105.146, a landlord who enters a stipulated order under ORS 105.145(2) should ensure the order clearly spells out all performance requirements, payment schedules, and deadlines, since only the categories of obligations listed in subsection (2) can support a later judgment of restitution. If a tenant fails to comply, a compliant operator documents the specific breach and files a signed affidavit or declaration of noncompliance with the court clerk, attaching a copy of the order and the underlying settlement agreement. Operators also track the twelve-month clock from the order's entry date, because the court will automatically dismiss the action at that point if no successful noncompliance claim has been filed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.146 gives tenants who have entered a stipulated order the right to remain in their home as long as they fulfill the agreed conditions, and the provision builds in a procedural safeguard: if a landlord files an affidavit of noncompliance, the court must establish a procedure allowing the tenant to request a hearing and potentially delay enforcement of the restitution notice. Tenants should be aware that the order automatically terminates in their favor twelve months after it was entered, provided the landlord has not already filed and won on a noncompliance claim. Tenants facing a noncompliance filing may benefit from contacting a local tenant-rights organization or legal aid office to understand the hearing process available under this section.
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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