ORS § 105 § 105.435
Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law.
Operative Text
(1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court: (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership; (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs; (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership; (d) Dispose of any or all abandoned personal property found at the structure; (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement. (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement. (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279A.125, 279A.250 to 279A.290 and 279B.235.
ORS § 105.435 defines the broad powers a court-appointed receiver holds when overseeing a property subject to an abatement action under ORS 105.420 to 105.455. The receiver may take control of the property, collect and apply rents, pay operating expenses and taxes, dispose of abandoned personal property, and enter into financing agreements to fund the abatement work. Courts may approve an administrative fee for the receiver—either at an hourly rate or up to 15 percent of total abatement costs—and all abatement work performed under this framework is exempt from most public contracting requirements.
Plain English — not legal advice.
Under ORS § 105.435, once a court appoints a receiver over a property, the owner's normal control is substantially displaced: the receiver steps in to manage tenancies, collect rents, pay bills, and contract for repairs. Compliant property owners generally cooperate with the receiver's requests for records, access, and financial information, since the receiver's expenditures—including an administrative fee of up to 15 percent of abatement costs—can be charged against the property and may result in liens or encumbrances. Owners who address code violations proactively before a receivership is ordered under ORS 105.420 to 105.455 generally avoid the costs and loss of control that accompany court-supervised abatement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.435 means that when a receiver is appointed over a rental property, tenants may interact with the receiver rather than the original landlord for matters such as rent payment, maintenance requests, and tenancy modifications. The receiver holds authority to enter, modify, or terminate tenancies under ORS 105.100 to 105.168, so tenants should be aware that their lease relationship may change during the receivership period. Tenants who have questions about how a receivership affects their rights can contact a local tenant-rights organization or Oregon's legal aid services for general information about the process under ORS 105.420 to 105.455.
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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