Understanding the Oregon eviction process and laws is the first step to protecting a landlord’s property and peace of mind. This guide breaks down eviction reasons, timelines, and landlord-tenant laws so every move feels confident and informed.
How Oregon Law Defines Eviction
In Oregon, an eviction happens when a landlord takes legal action in court to remove a tenant from a rental unit. Landlords must follow strict state procedures at every stage to keep the process valid and enforceable.
You can find Oregon’s eviction laws in the Oregon Revised Statutes Chapter 105, which covers landlord and tenant rights, notice rules, and court procedures for recovering possession of a rental property across cities like Portland, Eugene, and Salem.
Eviction With Just Cause
In Oregon, “just cause” means a landlord has a valid legal reason to end a tenancy, such as unpaid rent, serious lease violations, or illegal conduct on the property.
Landlords across Oregon can evict tenants with just cause when rent stays unpaid, the lease is repeatedly broken, or significant property damage or criminal activity occurs. After the first year of tenancy, landlords must state either a tenant cause or a qualifying landlord reason before ending the lease.
For landlords and tenants alike, just cause laws bring structure and accountability. Landlords should track rent issues, lease breaches, and all written communication.
Applicable law: Or. Rev. Stat. § 90.392, Or. Rev. Stat. § 90.427
No-Fault Evictions
In Oregon, landlords can end a fixed-term lease without just cause only when the lease expires within the first year of occupancy and the tenant receives at least 30 days’ written notice. After 1 year, landlords must cite a tenant cause or a qualifying landlord reason, or the lease will automatically roll into a month-to-month arrangement.
For month-to-month tenants, landlords can terminate the tenancy without cause during the first year by giving at least 30 days’ written notice. Once the tenancy passes 1 year, landlords will need a tenant cause or a qualifying landlord reason, such as selling or remodeling the property.
Applicable law: Or. Rev. Stat. § 90.427
Grounds for Eviction in Oregon
Landlords in Oregon may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
In Oregon, tenants get a 4-day grace period after rent is due before landlords can act. Once that window closes, a landlord may serve a 72-hour Notice of Nonpayment of Rent, requiring the tenant to pay the full amount or move out. The notice must list the balance owed and the payment deadline. Landlords often rely on this process to keep rental income consistent and disputes minimal.
Applicable law: Or. Rev. Stat. § 90.260, Or. Rev. Stat. § 90.394
Lease Violations
A rental agreement sets clear expectations for how landlords and tenants share responsibility. When a tenant breaches those terms, Oregon landlords have grounds to initiate eviction proceedings.
Examples of lease violations include:
- A tenant in Portland keeps hosting loud parties past 10 PM despite written warnings and neighbor complaints.
- A renter in Eugene installs an unapproved washer and dryer that damages plumbing and violates alteration rules.
- A tenant in Salem ignores written notices to remove unauthorized pets from the property.
Lease agreements protect both sides, so landlords should review every clause and address issues quickly before they escalate into larger disputes.
Applicable law: Or. Rev. Stat. § 90.392, Or. Rev. Stat. § 90.394
Illegal Use of the Premises
Under Oregon law, landlords can evict tenants who use their rental property for criminal activity. That might mean a tenant in Portland running a drug operation out of the garage, one in Eugene hosting illegal gambling nights, or a tenant in Salem storing stolen property on-site.
When this kind of behavior happens, landlords should document the violations carefully and serve the proper notice before moving forward with eviction.
Applicable law: Or. Rev. Stat. § 90.392, Or. Rev. Stat. § 90.398
Tenant Actions that Threaten Health or Safety
In Oregon, landlords can evict tenants who create unsafe or unhealthy conditions on the property. That might include storing flammable materials, letting pests spread through neglect, or blocking exits and walkways. When issues like these arise, landlords should document the problem, issue a written notice, and allow tenants a short window to fix it before filing for eviction.
Common examples of health and safety violations in Oregon include:
- Storing large amounts of propane or gasoline in a shared garage
- Ignoring rodent or bedbug infestations that spread to other units
- Letting trash pile up to the point it attracts pests or mold
For detailed rules on property standards, review Oregon’s warranty of habitability laws.
Applicable law: Or. Rev. Stat. § 90.392, Or. Rev. Stat. § 90.320
Destruction or Neglect of the Rental Unit
In Oregon, landlords can act when tenants cause severe damage to a rental unit or fail to maintain it to the point that it becomes unsafe. Inspect the property, document the damage, and connect repair costs directly to the tenant’s lease violations. State law allows landlords to pursue eviction and recover damages when tenants fail to care for the premises as required.
To prove property damage:
- Take photos or videos of the problem (like a tenant in Portland who ignores a ceiling leak until mold spreads).
- Gather repair invoices or estimates that show what it costs to fix.
- Keep dated records of communication with the tenant regarding the issue.
- Record clear lease violations, such as a tenant in Eugene removing fixtures without permission.
Applicable law: Or. Rev. Stat. § 90.325, Or. Rev. Stat. § 90.392
Tenant is in a Month-to-Month Rental Contract
In Oregon, landlords can end a month-to-month rental agreement without cause during the first year by giving at least 30 days’ written notice and serving a Notice of Termination of Tenancy. After 1 year, landlords must have a tenant cause or a qualifying landlord reason, such as selling the property or completing major renovations.
If the tenant stays past the notice period, the landlord can file an eviction case in court. Landlords should double-check local rules, as some areas require longer notice periods.
Applicable law: Or. Rev. Stat. § 90.427
Step-by-Step Eviction Process in Oregon
Landlords in Oregon must follow a strict step-by-step eviction process that begins with proper notice and ends with court enforcement. Each stage follows state law to ensure the eviction remains valid.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
Landlords will start by identifying why they want to end the tenancy, whether the issue involves unpaid rent, a lease violation, or dangerous conduct. Next, they must choose the correct Oregon notice and give the tenant the cure window required by law.
Landlords will also need to learn which violations do not qualify for a cure, including criminal assault, significant property damage, or threats that place others at immediate risk. Keep in mind that landlords must follow Oregon service rules under ORS 90.155 and use approved delivery methods that keep each notice valid and enforceable.
Notice Forms and Timelines
- 72-hour notice applies only to week-to-week tenancies and only when served no earlier than the 5th day of the rental period.
- Month-to-month or longer terms require at least 10 days when served no earlier than the 8th day, or at least 13 days when served no earlier than the 5th day.
- 30-day cause notices include a 14-day cure window if the issue qualifies.
- Week-to-week tenancies involve a 7-day notice with a 4-day cure period for curable problems.
- ORS 90.396 requires a 24-hour notice for severe misconduct involving injury or an immediate threat.
Applicable law: ORS 90.394, ORS 90.392
2. File an Eviction Lawsuit Against the Tenant
Landlords can proceed with an eviction case once the notice expires or the tenant refuses to correct the violation. Landlords will file a Forcible Entry and Detainer complaint with the local circuit or justice court in places like Multnomah County, Lane County, or smaller rural districts. They’ll need to include the notice, proof of service, and every required form so the court can review the case.
In most Oregon counties the filing fee will range from 80 dollars to 300 dollars, depending on the court and location. After landlords file the case and pay the fee, the court clerk will review the paperwork, set the first appearance hearing, and give both sides the date and time.
Applicable law: ORS 105.110, ORS 105.130
3. Serve Court Summons Paperwork to the Tenant
Once the Oregon clerk sets the hearing date, the landlord will line up a sheriff, a deputy sheriff, a professional process server, or another qualified adult in the community to hand-deliver the summons and complaint to the tenant. The server will fill out the certificate of service, and the landlord will make sure the summons lists the correct first appearance information for courts.
After the tenant receives the summons, the tenant will review the notice of rights and responsibilities and will prepare for the first appearance hearing. The court may direct the tenant to complete an answer form under Oregon rules, depending on the situation. Both sides will show up on the scheduled day so the judge can move the case forward.
Applicable law: ORS 105.135, ORS 105.137
4. Attend the Eviction Hearing
When the court date arrives, the landlord will show up with the tenant or the tenant’s attorney for the hearing. The landlord will bring the complaint, the tenant’s answer if one exists, the rental agreement, proof of service, and any evidence that supports the reason for ending the tenancy.
Both sides will walk through their version of events. The landlord will explain the problem by presenting notices, photos, records of unpaid rent, repair invoices, or witnesses from the property. The tenant will share their own evidence, raise any defenses allowed under Oregon law, and may call witnesses if they help clarify the dispute.
Applicable law: ORS 105.130, ORS 105.145
5. Court Reaches a Ruling
After the judge reviews the case, they will issue a ruling at the hearing or later that same day. If the judge sides with the tenant, the tenant will stay in the rental and the landlord will reassess their next steps.
Applicable law: ORS 105.145, ORS 19.255
6. Judge Issues a Writ of Execution
If the judge rules in favor of eviction, the landlord will receive a Judgment for Restitution that confirms the landlord’s right to take back the rental. The judgment will trigger a Notice of Restitution, which will give the tenant at least 4 days to move out on their own before the next step begins.
After the landlord receives the Judgment for Restitution, the landlord will request a Writ of Execution so the sheriff can handle the physical removal if the tenant stays past the deadline. Counties like Multnomah, Marion, and Jackson will follow the same statewide rules, and both sides will keep track of any appeal timelines that may affect the process.
Applicable law: ORS 105.151, ORS 105.146
7. Law Enforcement Executes the Writ of Execution
If the deadline passes and the tenant still hasn’t left, the landlord will ask local law enforcement to execute the Writ of Execution. In Oregon only the county sheriff or another authorized officer can serve the writ, remove the tenant, and return legal control of the unit to the landlord. The landlord should never attempt to remove a tenant on their own.
After law enforcement completes the removal, the landlord will follow Oregon’s rules for anything the tenant leaves behind. Under ORS 90.425 the landlord must send written notice and give at least 5 days for pickup, or 8 days if the notice goes out by mail. Manufactured homes or floating homes will follow a 45-day timeline. The landlord must handle, store, or dispose of items according to these rules, even though the rental is back in their possession.
Applicable law: ORS 105.161, ORS 90.425
Tenant Defense Against Eviction in Oregon
An eviction will hit a renter hard. It can affect their job, strain family routines, and make it tougher to qualify for future housing in cities like Portland or Salem. Even in stressful moments, tenants can speak up, understand their rights, and take steps that protect their future.
Tenants can communicate early, document repair concerns, and save written records instead of relying on verbal conversations. They can track deadlines, organize paperwork, and show up prepared. These habits will reduce confusion, cut down on conflict, and help avoid situations that push both sides into court.
If the process starts to feel too heavy, tenants can reach out for guidance. Groups like Oregon Law Center and Legal Aid Services of Oregon offer free or low-cost support, help tenants understand key decisions, and explain what options exist before an eviction moves forward.
Timelines to Expect
In Oregon, an eviction can be completed in 2 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Oregon eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 1- 30 Calendar Days |
| Court Issuing/Serving Summons | ~3 Business Days |
| Tenant Response Period | ~15 Calendar Days |
| Court Ruling | 7-15 Business Days |
| Court Serving Writ of Execution | ~4 Business Days |
| Final Notice Period | Immediately |
Flowchart of the Oregon Eviction Process
Typcial Court Fees
The cost of an eviction in Oregon for all filing, court, and service fees can vary heavily based on the type of court hearing and service fees. For cases filed in Circuit Court, the average cost is $391.
| Fee | Circuit |
| Initial Court Filing | $35 |
| Summons Service | ~$45+ |
| Court Hearing | $139+ |
| Writ of Execution Issuance | $47 |
| Writ of Execution Service | $45 |
| Writ of Execution Enforcement | $80+ |
Handle the Oregon Eviction Process
Eviction can feel stressful for everyone in Oregon. To keep control of the process, landlords can use property management software to organize notices, track rent, store documents, and stay ready for each deadline.
Sign up for a free account today to keep your rental paperwork tight and your eviction steps easier to manage.
