ORS § 105 § 105.165
Alternative method of removing, storing and disposing of tenant’s personal property; requirements; landlord liability.
Operative Text
(1) If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161, the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises as provided in ORS 90.425 or 90.675. (2) If ORS chapter 90 does not apply to a premises, the plaintiff or landlord shall remove, store and dispose of any personal property left by the defendant or tenant upon the premises following recovery of possession of the premises by the plaintiff or landlord: (a) Pursuant to any landlord’s lien available under ORS 87.162; (b) As provided by any rental agreement between the plaintiff or landlord and the defendant or tenant; or (c) At the plaintiff or landlord’s discretion, by following the process described in ORS 90.425 (2), (3) and (5) to (11) and (13) to (16) except that: (A) The plaintiff or landlord may require payment of any amount owed by the defendant or tenant to the plaintiff or landlord prior to allowing the defendant or tenant to remove or recover the personal property if the payment requirement is stated in the written notice; and (B) ORS 90.425 may be applied to address only the rights and obligations of the plaintiff or landlord and defendant or tenant in the personal property and not the rights of other parties. (3) Any cost incurred by the plaintiff for execution pursuant to ORS 105.151 or 105.158 to 105.161 or for removal, storage or sale of the defendant’s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment. (4) If the plaintiff fails to permit the defendant to recover possession of the defendant’s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater.
ORS § 105.165 establishes the rules governing what happens to a tenant's personal property left behind after a landlord recovers possession of a premises through a court-ordered eviction. When ORS chapter 90 (Oregon's residential landlord-tenant law) applies, the landlord must follow the specific removal, storage, and disposal procedures set out in that chapter. When chapter 90 does not apply, the landlord has several options, including following a lien process, honoring the rental agreement's terms, or voluntarily using a process modeled on chapter 90 procedures. If a landlord wrongfully prevents a former tenant from retrieving their belongings, the tenant may be entitled to twice the actual damages or twice the monthly rent, whichever is greater.
Plain English — not legal advice.
Under ORS § 105.165, compliant operators carefully identify which legal framework governs their property before taking any action on abandoned personal property following an eviction. If ORS chapter 90 applies, operators follow the removal, storage, and disposal procedures in ORS 90.425 or 90.675 precisely, including required notice timelines. When chapter 90 does not apply, operators document which of the permitted alternative methods they are using—a landlord's lien, the rental agreement's terms, or the voluntary chapter 90-style process—and, if requiring payment before releasing property, ensure that requirement is clearly stated in the written notice. Operators also track allowable costs for execution, removal, storage, or sale, as ORS § 105.165(3) permits those unreimbursed costs to be added to the judgment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.165 provides important protections for tenants whose personal property remains on the premises after an eviction. If a landlord refuses to allow a former tenant to recover their belongings as required under subsection (1), the tenant may be entitled to recover twice the actual damages or twice the monthly rent, whichever amount is greater, in addition to any other remedies available by law. Tenants who believe a landlord has improperly withheld access to their personal property may consider documenting the refusal, consulting a tenant-rights organization familiar with Oregon law, or exploring whether a claim can be raised in court under this provision.
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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