Understanding Eviction Notices in Oregon
Landlords in Oregon must provide tenants with a legally appropriate eviction notice before heading to court. The notice must reflect the reason, whether it’s non-payment, violations, or no-cause termination.
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Types of Eviction Notices in Oregon
Oregon offers various eviction notice options based on the circumstances, including notices for cause and no-cause terminations.
10-/13-Day Notice to Pay Rent or Quit
Issue this form and choose the notice period according to ORS § 90.394, depending on how late the rent is. If rent is eight or more days late, issue a 10-day notice. If it’s between five and eight days late, issue a 13-day notice. Oregon allows a four-day grace period under ORS § 90.260(1)(a), meaning tenants have four days after the rent due date before you can deliver a notice.
10-/13-Day Notice to Pay Rent or Quit
Give a tenant 10 or 13 days' notice, depending on how late their rent is.
14-/10-Day Notice to Quit for Non-Compliance
If it’s a tenant’s first-time lease violation, give them 14 days’ notice to fix the issue or move out under ORS § 90.392. If it’s their second violation, you don’t have to give them a chance to cure the breach. Instead, you can issue a 10-day notice to vacate.
Per ORS § 90.396, you can issue an unconditional quit notice if the tenant poses a threat or endangers others on the property. You only need to give 24 hours’ notice in this case.
14-/10-Day Notice to Quit for Non-Compliance
Allow a tenant to fix a first-time violation within 14 days or mandate that they move out within 10 days for a second violation.
30-Day Notice Lease Termination
Communicate your intention to end a month-to-month tenancy by issuing at least 30 days’ notice. While ORS § 90.427(3) mandates 30 days’ notice, you don’t need to provide a reason.
30-Day Notice Lease Termination
Let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property.
How to Evict a Tenant in Oregon
Before starting an eviction in Oregon, follow the laws under Chapter 90 and Chapter 105 of the Oregon Revised Statutes to ensure your eviction is lawful.
Step 1: Deliver the Eviction Notice
To begin the eviction process in Oregon, a landlord must give their tenant(s) notice that they intend to evict them. The notice must be delivered to the tenant personally, by certified mail, or by posting it at the property.
Step 2: File the Lawsuit
The landlord files a Summons and Complaint with the court if the notice expires and the tenant has still not complied with the notice demands. The court then assigns a hearing date.
Step 3: Serve the Lawsuit
The sheriff or a private process server must serve the tenant the summons and complaint for residential eviction. This informs the tenant of the eviction lawsuit and when they must appear in court to defend themselves against it.
Step 4: Attend the Hearing
The landlord and tenant must appear in court. If the tenant challenges the eviction, mediation is offered. If both parties refuse mediation or fail to come to an agreement, the tenant must file an Answer to the lawsuit listing any defenses to the eviction. In the event both parties reach an agreement, the lawsuit is dismissed.
Step 5: Attend the Trial
After the Answer is filed with the court, both parties attend the trial 15 days later. The judge hears the landlord and tenant’s case at trial and decides who wins.
Step 6: Obtaining a Judgment
If the tenant fails to show up at the first hearing or the trial, the landlord automatically wins the eviction lawsuit, and the tenant must move out. If both parties meet in court and the landlord wins, the judge will issue a Judgment for possession of the property, and the tenant must move out or be forcibly evicted.
If the tenant wins, they can stay in the rental property.
Step 7: Removal of the Tenant
In cases where the landlord wins, and the tenant refuses to move out, the landlord can get a Notice of Restitution from the court and get the sheriff to remove the tenant forcibly.
Lastly, the court may issue a Writ of Execution for money the tenant owes the landlord.
Related Oregon Court Forms
The documents below are samples of court eviction forms. Additional county or local forms may be required.
- Residential Eviction Summons: Filed with the complaint, this document notifies the tenant that they must appear in court for the eviction proceedings.
- Residential Eviction Complaint: This form begins the eviction process in court.
- Answer to Residential Eviction: The tenant must file this document to defend themselves against the lawsuit, listing all of their defenses to the landlord’s eviction complaint.
- Residential Eviction General Judgment: The court’s decision is written on this form and orders the parties to comply with the court’s decision.
- Notice of Restitution: This form removes a tenant unwilling to leave a landlord’s property even after losing the eviction lawsuit.
- Writ of Execution: This form allows either party to collect money the court awards for costs, rent, and fees.
