90.375 Effect
of unlawful ouster or exclusion; willful diminution of services. If a landlord unlawfully removes
or excludes the tenant from the premises, seriously attempts or seriously
threatens unlawfully to remove or exclude the tenant from the premises or
willfully diminishes or seriously attempts or seriously threatens unlawfully to
diminish services to the tenant by interrupting or causing the interruption of
heat, running water, hot water, electric or other essential service, the tenant
may obtain injunctive relief to recover possession or may terminate the rental
agreement and recover an amount up to two months’ periodic rent or twice the
actual damages sustained by the tenant, whichever is greater. If the rental
agreement is terminated the landlord shall return all security deposits and
prepaid rent recoverable under ORS 90.300. The tenant need not terminate the
rental agreement, obtain injunctive relief or recover possession to recover
damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23;
1997 c.577 §21]