(1) Upon receipt of a timely filed request for hearing described in ORS 105.148, the clerk of the court:
(a) Shall schedule a hearing on the defendant’s request as soon as practicable;
(b) Shall notify both parties of the hearing date;
(c) Shall mail or send by facsimile a copy of the defendant’s request to the plaintiff; and
(d) May not issue a writ of execution of judgment of restitution pending the hearing.
(2)(a) At the hearing, except as provided in paragraph (b) of this subsection, the court may consider only the following issues:
(A) Whether the defendant complied with the order.
(B) Whether the plaintiff complied with any requirement of the order that is a predicate to compliance by the defendant.
(C) Whether the parties agreed to modify the order and complied with the modified order.
(D) Whether one party unfairly prevented compliance by the other party.
(b) If ORS chapter 90 applies to a dwelling unit, in addition to the issues described in paragraph (a) of this subsection, the court may consider the following issues:
(A) Whether the stipulated agreement was entered into in good faith as required by ORS 90.130 or is unconscionable as described in ORS 90.135.
(B) Whether, for a defendant whose noncompliance concerns performance or conduct, the noncompliance constitutes good cause for purposes of an applicable law or contract that requires the plaintiff to have good cause for terminating the tenancy.
(C) Whether, for a defendant whose noncompliance concerns a failure to pay rent due for future rental periods pursuant to ORS 105.146 (2)(c), the defendant has claims against the plaintiff for moneys that offset the rent. The defendant’s claims must be pursuant to ORS chapter 90 or the rental agreement and must have arisen after the entry of the order.
(c) The defendant may not raise defenses or claims involving issues other than issues described in paragraphs (a) and (b) of this subsection.
(3) If the court finds in favor of the plaintiff after the hearing, the clerk may issue a writ of execution of judgment of restitution. If the defendant did not appear at the hearing, the clerk may issue the writ immediately. If the defendant did appear, the clerk may issue the writ no earlier than 24 hours after the court’s ruling. Further notice to the defendant is not required.
(4) If the court finds in favor of the defendant after the hearing, the court shall set aside the judgment. The court may reinstate the order, terminate the order and enter a judgment dismissing the plaintiff’s action in favor of the defendant, enter a new order or schedule a trial on the plaintiff’s action as soon as practicable. [2001 c.596 §12 (105.146, 105.148 and 105.149 enacted in lieu of 105.147); 2003 c.378 §25; 2005 c.391 §36]
Note: See note under 105.146.
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