(2) In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant for up to 90 days if:
(a) The defendant is a state service member;
(b) The agreed-upon rent does not exceed $1,200 per month; and
(c) The premises are occupied chiefly for dwelling purposes by the spouse, children or other dependents of the defendant.
(3) If the defendant requests a stay of the eviction for up to 90 days and the defendant can prove that the ability of the defendant to pay the agreed-upon rent is materially affected by being called into active service, the court may grant the stay of the eviction. [2003 c.387 §7]