An Oregon eviction notice empowers landlords to initiate tenant eviction. This document, compliant with Oregon state law, outlines the eviction reason and provides tenants with the legally mandated response time to rectify the situation or vacate the property.
Oregon Eviction Notices by Type
Oregon Eviction Laws & Requirements
- Eviction Lawsuit: (Ore. Rev. Stat. § 105.110).
- Grace Period for Late Fees on Rent Payment: 4 days (Ore. Rev. Stat. § 90.260).
- Unconditional Quit Notice: 24 hours (Ore. Rev. Stat. § 90.396).
- Late or Non-Rent Payment Notice: 3 days (Ore. Rev. Stat. § 90.394(2)(a)).
- Late or Non-Rent Payment Notice: 6 days (Ore. Rev. Stat. § 90.394(2)(b)).
- Lease Termination (Month-to-Month): 30 days (Ore. Rev. Stat. § 90.392(2)).
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.