Oregon Eviction Process

 How to Evict a Tenant in Oregon (5 Steps)

Step 1 – Serve the Eviction Notice

According to ORS § 90.155, the landlord must provide the tenant with a written eviction notice via personal delivery or first-class mail. Notices sent via first-class mail receive an automatic three-day extension for compliance, which must be included in the termination period. 

However, if the rental agreement allows, the landlord may post a second notice securely at the property’s main entrance. 

Step 2 – Landlord Files A Lawsuit with The Appropriate Court

If the tenant does not remedy the cause for the eviction or vacate the premises within the appropriate timeframe, the landlord can file a lawsuit in the proper Circuit court. The landlord must pay a filing fee of $88 plus any applicable local fees (ORS § 105.130). 

The Clerk of Court, professional process server, or sheriff must serve the complaint and summons to the tenant via first-class mail or personal delivery. If the tenant is unavailable at their premises, the server may post the summons and complaint to the property’s main entrance (ORS § 105.135). 

A sheriff may serve the summons and complaint via fax if they receive a telephone communication that the defendant has a working and available fax machine. 

Once the process server completes the service, they must notify the Clerk of Court of the method used with an official certificate of service. 

Step 3 – Landlord and Tenant Attend A Court Hearing

The court will schedule an initial first appearance hearing seven days (ORS § 105.135) following the payment of the filing fees. Both the landlord and tenant should attend the hearing. If the tenant does not appear, the judicial officer will provide the landlord with a default judgment ordering the tenant to move out.

If the landlord and the tenant appear for the hearing, the judge will schedule an eviction hearing within 15 days (ORS § 105.137). The eviction hearing allows the judge to review the landlord’s and tenant’s arguments. At the end of the eviction hearing, the judge will decide whether the eviction should proceed.

Step 4 – The Court Issues A Writ of Execution

If the judge approves the eviction, the court will issue a judgment providing a writ of execution. The writ of execution is the tenant’s final notification to remove their personal belongings before a sheriff returns to forcibly evict them. 

The sheriff must serve a writ of execution and eviction trespass notice via personal delivery or first-class mail. However, tenants have four days to vacate the premises before the court issues the writ of execution. If a sheriff does not serve or enforce the writ of execution within 30 days of the issuance expiration date, it may become unenforceable, and the landlord will need to restart the eviction process.

Step 5 – Law Enforcement Officers Return the Tenant’s Property

Once law enforcement receives the court’s writ of execution, they must immediately enforce it. When officers arrive at the property, they will forcibly remove the tenant and their belongings if they are still on the premises. Tenants who receive an eviction judgment should prepare to move immediately.

Eviction Reasons

Landlords must have a valid legal justification for initiating an eviction against a tenant. Otherwise, the tenant may counterclaim that the eviction is unlawful.

Two potential counterclaims include discrimination and retaliation. ORS § 90.390 prevents landlords from discriminatory activities against tenants, including trying to evict someone because of their race, ethnicity, color, religion, sex, gender identity, sexual orientation, familial status, and disability.  

ORS § 90.385 prohibits landlords from taking retaliatory actions, including eviction, against their tenants because they exercised a legal right, such as making a good-faith complaint about the property or testifying against the landlord in a judicial proceeding. 

If the tenant can prove the eviction proceedings are based on discrimination or retaliation, a court may dismiss the landlord’s case and award the tenant damages. 

“At Fault” Evictions

An at-fault eviction occurs when the tenant breaks the lease agreement or engages in illegal activities on the property. Some examples of reasonable grounds for an at-fault eviction include:

• Failing to pay the rent on time.
• Engaging in criminal activities.
• Violating the lease agreement.
• Staying on the property after the lease ends.
• Using drugs or alcohol in a treatment facility or drug/alcohol-free property.

The landlord must outline the reason for the eviction in a notice, typically called a “Notice to Quit” in Oregon.

1. Notice for Non-Payment of Rent

Overview:

• Use when the tenant fails to pay rent on time.
• Instructs the tenant to pay overdue rent within 72 hours (per ORS § 90.394) following the fifth day of the rental period if the tenant is on a week-to-week agreement.
• If the tenant’s lease is anything other than week-to-week, the notice instructs the tenant to pay overdue rent within 10 or 13 days. A 10-day period applies to notices delivered on the eighth day of the rental term. A 13-day period applies to notices delivered on the fifth day of the rental period.
• Oregon does not specifically limit weekends and court holidays in the deadline period.

2. Notice for Curable Lease Violation

Overview:

• Use if the tenant violated the lease agreement but can fix the situation.
• Instructs the tenant to address the lease violation within 14 days (per ORS § 90.392) of delivery of the notice. If the tenant does not resolve the issue, the landlord may request the tenant to move out within 30 days of delivering the notice. 
• Oregon does not exclude weekends or holidays from the deadline period.
• Examples of curable lease violations include damaging the rental unit, keeping an unauthorized pet on the property, and allowing unapproved tenants to live there, among others.

If you notify the tenant of a curable lease violation, they have 14 days to resolve the issue. For instance, if the tenant is housing an unauthorized pet, they may rehome the animal in another location to comply with the lease. 

If the tenant doesn’t resolve the violation satisfactorily within 14 days, they must vacate the premises within 30 days (or a longer period, if the notice provides one) from the delivery of the original notice.

3. Notice for Non-Curable Lease Violation

Overview: 

• Use if the tenant engages in criminal activities or causes significant issues at the rental property.
• Instructs the tenant to vacate the property within 24 hours (per ORS § 90.396) of written notice. The tenant does not have an option to fix the issue.
• Oregon does not omit weekends or holidays in the deadline period. 
• Examples of non-curable lease violations include domestic violence, assault, stalking, possession or use of illegal controlled substances, burglary, and substantial property damage, among others. 

4. Notice for Tenant Holdovers or Tenants at Will

Overview:

• Use if a tenant stays on the property without a lease.
• Instructs the tenant to move out within 30 days (per ORS § 90.427) of delivering the notice.
• Oregon does not exclude weekends or holidays in the deadline period.
• Examples include tenants who continue to stay on the property after the lease ends.

5. Notice for Use of Alcohol or Drugs in Drug and Alcohol-Free Housing

Overview:

• Use if the tenant is living in drug and alcohol-free housing and uses or possesses alcohol, drugs, or controlled substances.
• Instructs the tenant to vacate the property within 48 hours (per ORS § 90.398) unless they change their conduct within 24 hours of delivery of the notice.
• If the tenant violates the lease a second time within six months, the landlord may terminate the lease agreement with 24 hours written notice.
• Oregon does not exclude weekends or holidays from the notice period.

“No-Fault” Evictions

A no-fault eviction occurs when the landlord needs the property back before the end of the lease. The tenant hasn’t violated the lease or committed a crime. Some reasons for a no-fault eviction include:

• The landlord or a family member is moving into the property.
• Substantial renovation or demolition of the unit.
• Taking the rental property off the market.
• To comply with a government regulation or mandate.

To initiate a no-fault eviction, the landlord must deliver a notice stipulating the reason and providing the tenant with the appropriate move-out period as per ORS § 90.427.

1. Notice for Termination of Week-to-Week Tenancy

Overview: 

• Use if the tenant resides on the property on a week-to-week basis.
• Instructs the tenant to move out before the termination date, which must be at least ten days before the termination date specified in the notice.
• Oregon does not omit weekends or holidays from the notice period.

2. Notice for Termination of a Month-to-Month Tenancy

Overview:

• Use if the tenant resides on the property under a month-to-month agreement and has not lived there for over a year.
• Instructs the tenant to vacate the property by the termination date, which must be at least 30 days prior to the date designated in the notice.
• Oregon does not exclude weekends or holidays from the notice period.

3. Notice for Termination of a Month-to-Month Tenancy After A Year Or Longer

Overview:

• Use if the tenant resides on the property under a month-to-month agreement and has resided there for over a year.
• Instructs the tenant to vacate the property by the termination date, which must be at least 90 days prior to the date designated in the notice.
• The landlord must have reasonable grounds to terminate the lease, including making substantial repairs or renovations to the property, intending for themselves or a family member to occupy the dwelling, or accepting an offer to purchase the property.
• Oregon does not omit weekends or holidays from the notice period.

4. Notice for Termination of a Fixed-Term Tenancy

Overview:

• Use if the tenant resides on the property under a fixed-term lease and the landlord does not intend to renew the lease or allow the tenant to reside under a month-to-month agreement.
• Instructs the tenant to vacate the property by the termination date, which must be at least 90 days prior to the date designated in the notice.
• The landlord must have reasonable grounds to terminate the lease, including making substantial repairs or renovations to the property, intending for themselves or a family member to occupy the dwelling, or accepting an offer to purchase the property.
• Oregon does not omit weekends or holidays from the notice period.

If the landlord intends to end the fixed-term lease for reasons caused by the tenant, such as minor lease violations, they must provide a 90-day notice and demonstrate at least three rental breaches within the previous 12 months. The landlord must notify the tenant of each breach in writing. 

Eviction Timeline

Tenant Rights in Oregon

While landlords can initiate an eviction process, they must avoid actions that run afoul of the law. 

Self-help Evictions

ORS § 90.375 prohibits landlords from engaging in unlawful actions that threaten or intimidate a tenant into vacating the premises. Some examples of prohibited activities include:

• Interrupting utility services, including heat, running water, or electricity.
• Changing the locks.
• Threatening to cut off essential services to the property.
• Removing a tenant’s belongings.

Landlords must follow the formal eviction process to remove a tenant. 

Abandoned Property

ORS § 90.425 requires landlords to notify tenants of abandoned property and arrange for its disposition. Landlords must provide the notice via first-class mail or personal delivery. If the landlord mails the notice, it must be sent to the premises, the tenant’s known post office box, or a forwarding address. 

Tenants must collect and remove their property within five days of receiving the notice via personal delivery or eight days after it is mailed. If the tenant formally responds to the notice and states their intent to collect their belongings, they have up to 15 days to do so at a reasonable time that suits both parties. 

If the tenant fails to respond or collect their belongings, it is deemed abandoned. The landlord may sell the property and retain the proceeds or destroy it if its value is less than $1,000. 

Resources

• Oregon Law Center: Provides free legal assistance to people struggling with home issues.
• Oregon Law Help: Provides information concerning landlord and tenant issues, including evictions.
• Fair Housing Council of Oregon: Provides help for tenants who experience housing discrimination.
• 211info: Provides rent payment assistance and temporary housing services. 
• Office of Fair Housing and Equal Opportunity: Resource for housing discrimination and tenant/landlord rights and obligations.
• Oregon Self-Help Residential Eviction: Official court website that provides information about the eviction process for landlords and tenants.
• Oregon State Bar’s Lawyer Referral Service: Helps landlords and tenants locate a lawyer based on their location and needs.