fbpx
  1. Home »
  2. How to Evict a Tenant (in all 50 States!) »
  3. How to Evict a Tenant in Oregon (7 Steps)

How to Evict a Tenant in Oregon (7 Steps)

Evicting a tenant in Oregon requires the landlord to first provide a formal notice to the tenant of the reasons for eviction. These reasons can include non-payment of rent, violation of a term of the lease agreement, or the cessation of a month-to-month tenancy. If the tenant does not respond to the notice, the landlord can file a Residential Eviction Complaint and Summons to initiate eviction proceedings with the Circuit Court local to the property in question. If the ruling favors the landlord, the court will issue a Judgment that the tenant must vacate the property.

Laws – Chapter 105 (Actions for Recovery of Real Property), Chapter 90. Residential Landlord and Tenant

How to Evict

Step 1 – Send Eviction Notice to Tenant

When a landlord has cause to evict a tenant, they must first provide the tenant with proper written notice of the reason for eviction and the time period to either cure the issue or vacate the property. The landlord can serve the notice either by personal delivery or first-class mail. If they choose to use mail, three (3) days will be added to the time period designated on the notice.1

  • Imminent Danger or Illegal Activity (24-Hour Notice): A landlord uses this notice when the tenant is engaging in dangerous or illegal activity in the rental unit.2,3
  • Nonpayment of Rent (6-Day Notice): A landlord can issue this notice when rent is five (5) or more days late. The tenant has six (6) days from receiving the notice to either pay the late rent or vacate the rental unit.4
  • Non-Compliance (14/10-Day Notice): When a tenant has violated a term of the lease agreement for the first time, the landlord can provide fourteen (14) days’ notice to either cure the breach or vacate. If the violation is the second within six months of the first, the landlord can provide ten (10) days’ notice to vacate the property.5
  • Month-to-Month Tenancy (30-Day Notice): Either the landlord or tenant may use this notice to inform the other party of their intent to end a month-to-month lease agreement.6
  • Providing False Information (24-Hour Notice): A landlord may utilize this notice in cases when the tenant has provided false information on their rental application regarding a criminal conviction.2

Step 2 – Wait for Tenant Response

The landlord waits the number of days on the notice to allow the tenant to respond, cure the breach, or pay overdue rent. It is preferable to come to a compromise outside of court if possible.

Step 3 – File in Court

  • AVERAGE PROCESSING TIME: Twenty-Four (24) hours – Four (4) months7
  • FILING FEE: $88 plus a trial fee, if applicable8,9
  • WHERE TO FILE: Circuit Court Local to the property in question

If the tenant does not respond to the notice within the designated timeframe, the landlord can file a Residential Eviction Complaint and a copy of the original eviction notice with the local circuit court to initiate eviction proceedings. The court will issue a Residential Eviction Summons that outlines the reason for the eviction suit and the date of the court hearing.

Step 4 – Serve the Tenant

The court will provide the landlord with copies of the Complaint and Summons to serve on the tenant. The landlord must serve the tenant by the end of the day on the day after the Complaint was filed. The tenant can argue why they believe they should be allowed to remain at the property by filing an Answer to a Residential Eviction.

Step 5 – Appear in Court

Both the landlord and tenant appear in court on the hearing date. It is important to bring copies of all documents filed with the court to the hearing, including a copy of the original eviction notice. The court will issue a Residential Eviction General Judgment. If the judgment favors the landlord, it will also issue a Notice of Possession to the tenant that they have four (4) days to vacate the premises and remove all personal belongings.10

Tenants can win in court based on a number of common tenant defenses. In Oregon, tenants may claim that the landlord is out of compliance with any of the following responsibilities:

  • The landlord tried to evict using self-help procedures such as shutting off utilities or changing the locks without the tenant’s knowledge.11
  • The landlord did not follow proper court procedures for filing the eviction lawsuit.12
  • The landlord still tries to evict after the tenant pays all overdue rent within the notice’s designated timeframe.4
  • The landlord didn’t properly maintain the rental unit regarding functional electric power, heating, plumbing, water, weather protection, and general maintenance.
  • The landlord did not provide proper smoke detectors and carbon monoxide monitors.13
  • The landlord attempts to evict in retaliation of the tenant exercising a legal right to request enforcement of health and safety or other legal issues against the landlord, or for joining a tenant union.14

Step 6 – File For Writ of Execution of the Judgment for Restitution

If the tenant does not vacate the premises within (4) days of the Judgment, the landlord can file for a writ of execution of the judgment for restitution.10

Step 7 – Repossessing the Property

The landlord can use the Writ of Restitution to utilize the Sheriff’s office to remove the tenant and their possessions from the property forcibly.10

Video: Evictions in Oregon

Sources

  1. https://www.osbar.org/public/legalinfo/1253_ResidentialEvictionNotices.htm
  2. § 90.396
  3. § 90.398
  4. § 90.394
  5. § 90.392
  6. § 90.427(3)
  7. https://www.courts.oregon.gov/courts/coos/help/Pages/residential-eviction.aspx
  8. § 105.130
  9. https://www.courts.oregon.gov/Documents/2020_CircuitFeeSchedule_public_eff-2020-01-01.pdf
  10. § 105.151
  11. § 90.375
  12. https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-oregon.html#:~:text=In%20Oregon%2C%20a%20landlord%20has,tenant%20a%20three%2Dday%20notice.&text=The%20landlord%20can%20also%20give,day%20after%20rent%20is%20due.
  13. § 90.320
  14. § 90.385