Evicting a tenant in Oregon can take around 2 to 8 weeks, depending on the reason for the eviction. If tenants attend the appearance hearing, the process can take longer.
Grounds for an Eviction in Oregon
In Oregon, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days or 6 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
| Drug and Alcohol-Free Housing Violation | 48 Hours | Maybe |
| Illegal Activity | 24 Hours | No |
Nonpayment of Rent
In Oregon, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant either a 5 or 8 days’ notice to quit depending on how many days it has been since rent was due. The total amount of time that must pass is 18 days in either case.
After 5 days have passed since rent was due, the landlord can give the tenant a 13 day notice to pay rent or vacate the premises. After 8 days, the landlord can then give the tenant a 10 day notice.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Oregon 4 days after the initial due date.
If rent is due on May 1st, it will be considered late starting on May 5th, unless the lease specifically states there is a grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Oregon, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30-days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Oregon, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Oregon landlord-tenant law. To do so, Oregon landlords must provide tenants with a 30 days’ notice to fix the issue or move out.
If the tenant does not fix the issue within 14 days, the tenant will need to move out of the rental unit within 30 days of the notice to avoid an eviction lawsuit.
Landlords must provide week-to-week tenants with a 7 days’ notice to fix the issue or move out. If the tenant does not fix the issue within 4 days, they will need to move out of the rental unit within 7 days of the notice to avoid an eviction lawsuit.
Examples of lease violations:
- Damaging the rental property
- Having too many people residing in the rental unit
- Letting trash pile up inside the rental unit
- Providing a harbor for rodents or bugs
- Having unauthorized pets on the premises
Drug and Alcohol-Free Housing
In Oregon, a landlord can evict a tenant if they are living in a drug and alcohol-free housing and the tenant uses, possesses or shares alcohol, marijuana, illegal drugs, or controlled substances.
To do so, the landlord must first give 48 hours’ notice to fix the issue or vacate. The tenant has 24 hours to change their behavior and correct the issue or they must move out.
If the tenant fixes the issue but commits the same act within a six-month timeframe, the landlord can serve the tenant with a 24 hours’ notice to vacate. The tenant does not have the opportunity to correct the issue and must move out.
Illegal Activity
In Oregon, a landlord can evict a tenant if they are involved in illegal activity. To do so, the landlord must first give 24 hours’ notice to vacate. Tenants do not have the opportunity to fix the issue to avoid removal and must move out.
In Oregon, illegal activity includes:
- Prostitution, promoting prostitution or commercial sexual solicitation
- Illegal manufacture, delivery, possession of a controlled substance
- Manufacture of a cannabinoid extract without a license
- Intimidation or burglary
Illegal Evictions in Oregon
In Oregon, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Oregon landlord-tenant law. If found liable, the tenant could obtain injunctive relief, plus 2 months’ periodic rent or twice the actual damages sustained, whichever is greater.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Threatening to shut off or diminish essential services
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a health code to the landlord that materially affects health or safety
- Complaining to the landlord about laws regarding the delivery of mail or laws regarding prohibiting discrimination in rental housing
- Testifying against the landlord in a judicial, administrative or legislative proceeding
- Joining a tenant’s union or organization
- Pursuing a legal right under the lease agreement
In Oregon, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved issues
- Court holds hearing and issues judgment
- Writ of execution is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Oregon by serving the tenant with written notice. Oregon landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Delivery by first class mail
- Only if agreed in writing: Posting at a conspicuous place on the tenant’s premises, PLUS delivery by first class mail, addressed to the tenant at the premises
- Only if agreed through a special written addendum to the rental agreement: Delivery by email, PLUS delivery by first class mail
Mailing a notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
Electronic Notice in Oregon
Oregon does allow electronic delivery of notice in special cases. Electronic notice must be agreed in a written addendum to the rental agreement, which complies with the following requirements:
- Agreement executed AFTER the tenancy has begun and the tenant has moved in
- Specifies an email address where the landlord agrees to send and receive notifications
- Specifies an email address where the tenant agrees to send and receive notifications
- Allows either party to change their specified email address, or cancel electronic communications, with three days of advance notice
- Contains the following language:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
72-Hour Notice To Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Oregon, the landlord can serve them a 72 Hour Notice To Pay or Quit. The notice gives the tenant 3 days to pay the entire remaining balance or vacate the premises.
6-Day Notice To Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Oregon, the landlord can serve them a 6-Day Notice To Pay or Quit. This notice is for landlords who give the tenant notice on the 5th day of the rental period. The notice gives the tenant 6 days to pay the entire remaining balance or vacate the premises.
30-Day Notice To Quit
For a tenant with no lease or a month-to-month lease in Oregon, the landlord must serve them a 30-Day Notice To Quit to end the tenancy. This eviction notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
30-Day Notice To Cure or Vacate
In Oregon, if a tenant (who is not a week-to-week tenant) commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice To Cure or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
7-Day Notice To Cure or Vacate
In Oregon, if a week-to-week tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 7-Day Notice To Cure or Vacate. This eviction notice gives the tenant 7 days to fix the issue or the tenant must move out.
10-Day Notice To Cure or Vacate
In Oregon, if a tenant has an unpermitted pet, the landlord can serve them a 10-Day Notice to Cure or Vacate. This eviction notice gives the tenant 10 days to fix the issue by rehoming their unpermitted pet or the tenant must move out.
10-Day Notice To Quit
In Oregon, if a tenant fixes the issue by rehoming an unpermitted pet, but commits the same act within a six-month timeframe the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to move out without an option to fix the issue.
24-Hour Notice To Cure or Vacate
In Oregon, if a tenant’s pet has caused substantial harm or damage, the landlord can serve them a 24-Hour Notice To Cure or Vacate. This eviction notice gives the tenant 24 hours to fix the issue by rehoming their unpermitted pet or the tenant must move out.
48-Hour Notice To Cure or Vacate
In Oregon, if a tenant violates a drug or alcohol-free housing rule by using, possessing or sharing alcohol, marijuana, illegal drugs, or controlled substances, the landlord can serve them a 48-Hour Notice To Cure or Vacate This eviction notice gives the tenant 48 hours to fix the issue or the tenant must move out.
24-Hour Notice To Quit
In Oregon, if a tenant commits an illegal activity, subsequently violates a drug or alcohol-free housing rule (within a 6-month timeframe of the first violation), or subsequently returns the pet to the premises that caused substantial harm and damage, the landlord can serve them a 24-Hour Notice To Quit. This eviction notice gives the tenant 24 hours to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Oregon landlords must file a complaint in the appropriate court. In the state of Oregon, this costs $88 in filing fees.
The summons and complaint must be served on the tenant by the Clerk of Court, a professional process server or sheriff prior to the hearing through one of the following methods:
- The Clerk of the Court shall mail a copy to the tenant via certified first-class mail
- A process server shall personally deliver a copy to the tenant. If the tenant is unavailable for service, a copy will be attached to the main entrance of the premises. The process sever shall file a certificate of service with the clerk to indicate the manner which service was completed
- A sheriff may serve a fax of the summons and complaint that was transmitted to them by a trial court administrator. A copy of the fax must be attached to the sheriff’s return of service.
Step 3: Court Hearing and Judgment
A first appearance hearing will be scheduled 7 days after the date the landlord pays their filing fee for the complaint.
If the tenant fails to attend the appearance hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If both the tenant and landlord attend the appearance hearing, an eviction hearing will be scheduled within 15 days of the appearance hearing. The eviction hearing is when the judicial officer will make a decision if tenant needs to move out of the rental unit.
Step 4: Writ of Execution is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
The writ of execution and an eviction trespass notice shall be served by the sheriff either via first class mail or by personal delivery.
Tenants will have 4 days to move out of the rental property before the writ of execution is issued. A writ may become unenforceable if it is not served and enforced within 30 days following the issuance expiration date.
Once the move-out deadline has passed, the writ of execution will be issued, effective immediately.
Step 5: Possession of Property is Returned
Law enforcement officers are required to immediately enforce the writ of execution once they receive it from the court.
That means tenants will not have any grace period once the writ is received by law enforcement officials and should be prepared to move out immediately.
Oregon Eviction Process Timeline
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 Oregon Eviction Process
Oregon Eviction 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+ |
Sources
- 1 ORS § 90.394(1) & (2)
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The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows:
(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:
(a) At least 10 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or
(b) At least 13 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
Source Link - 2 ORS § 90.260
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A landlord may impose a late charge or fee, however designated, only if:
(a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and
(b) There exists a written rental agreement that specifies:
(A) The tenant’s obligation to pay a late charge on delinquent rent payments;
(B) The type and amount of the late charge, as described in subsection (2) of this section; and
(C) The date on which rent payments are due and the date or day on which late charges become due.
Source Link - 3 ORS § 90.427(2) & (3)
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(2) If a tenancy is a week-to-week tenancy, the landlord or the tenant may terminate the tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.
(3) If a tenancy is a month-to-month tenancy:
(a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
(b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
Source Link - 4 ORS § 90.392(3)-(4) & (6)
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(3) The notice must:
(a) Specify the acts and omissions constituting the violation;
(b) Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and
(c) If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.
(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:
(A) At least 14 days after delivery of the notice; or
(B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155. For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.
(b) If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.
…
(6) When a tenancy is a week-to-week tenancy, the notice period is:
(a) Subsection (3)(b) of this section changes from 30 days to seven days;
(b) Subsection (4)(a)(A) of this section changes from 14 days to four days; and
(c) Subsection (5)(a) of this section changes from 10 days to four days.
Source Link - 5 ORS § 90.396(1)(a) - (1)(d) & (2)
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(1) Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168, if:
(a) The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant;
(b) The tenant or someone in the tenant’s control recklessly endangers a person on the premises other than the tenant by creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenant’s control or the tenant’s pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises or the tenant’s pet inflicts substantial damage to the premises on more than one occasion;
…
(2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours’ written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168. The tenant does not have a right to cure this subsequent violation.
Source Link - 6 ORS § 90.396(1)(f)
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Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168, if:
…
(f) The tenant, someone in the tenant’s control or the tenant’s pet commits any act that is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. An act that is outrageous in the extreme is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392. Acts that are “outrageous in the extreme” include, but are not limited to, the following acts by a person:
(A) Prostitution, commercial sexual solicitation or promoting prostitution, as described in ORS 167.007, 167.008 and 167.012;
(B) Unlawful manufacture, delivery or possession of a controlled substance, as defined in ORS 475.005;
(C) Manufacture of a cannabinoid extract, as defined in ORS 475C. 009, unless the person manufacturing the cannabinoid extract holds a license issued under ORS 475C. 085 or is registered under ORS 475C. 815;
(D) A bias crime, as described in ORS 166.155 and 166.165; or(E) Burglary as described in ORS 164.215 and 164.225.
Source Link - 7 ORS § 90.375
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If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated the landlord shall return all security deposits and prepaid rent recoverable under ORS 90.300. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section.
Source Link - 8 ORS § 90.385(1)
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Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:
(a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting health or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental housing;
(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;
(c) The tenant has organized or become a member of a tenants’ union or similar organization;
(d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:
(A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155; or
(B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy;
(f) The tenant uses, or intends or attempts to use, the dwelling as a family child care home in compliance with ORS 90.358; or
(g) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.
Source Link - 9 Or. Rev. Stat. § 90.155(1)
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(1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:
(a) Personal delivery to the landlord or tenant.
(b) First class mail to the landlord or tenant.
(c) If allowed under a written rental agreement, both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:
(A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and
(B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.
(d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail;
(B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail;
(C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises;
(D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and
(E) Includes notice in substantially the following form:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
Source Link - 10 ORS § 105.130(2) & (3)
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(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of $88;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.
(3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section.
Source Link - 11 ORS § 105.135(3)
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Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees:
(a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises.
(b) The process server shall serve the defendant with the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the summons and complaint in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.
Source Link - 12 ORS § 105.135(2)
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(a) The clerk shall calculate the first appearance, which shall be:
(A) Seven days after the judicial day next following payment of the filing fees; or
(B) If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees.
(b) The clerk may delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable to conduct the first appearance and, if possible, to accommodate dates that the plaintiff has indicated unavailability.
(c) The clerk shall enter the first appearance date on the summons.(d) If the claim for possession is based on nonpayment as defined in ORS 90.395, the clerk shall include as part of the summons a copy of the notice described in ORS 105.136.
Source Link - 13 ORS § 105.137(6) - (8)(a)
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(6) If both parties appear in court on the date contained in the summons, the court shall set the matter for trial unless the court is advised by the parties that the matter has been settled. The trial shall be scheduled:
(a) For a claim based on nonpayment, as defined in ORS 90.395, no earlier than 15 days, and no later than 30 days, following the appearance; or
(b) For any other claim, as soon as practicable and no later than 15 days from the date of the appearance.
(7) If the matter is not tried within the period described in subsection (6) of this section, and the delay in trial is not attributable to the landlord, the court shall order the defendant to pay rent that is accruing into court, provided the court finds after hearing that entry of such an order is just and equitable.
(8)(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing on a form which shall be available from the court clerk, and to serve a copy upon the plaintiff on the same day as first appearance.
Source Link - 14 ORS § 105.151(1)
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If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only enforce that judgment in the following manner:
(a) Issuance by the clerk of the court and service upon the defendant of a notice of restitution that shall give the defendant four days to move out of the premises, including removal of all personal property; and
(b) After the expiration of the four-day period provided in the notice of restitution, issuance by the clerk of the court and service by the sheriff upon the defendant of a writ of execution of judgment of restitution, directing the sheriff to enforce the judgment by removing the defendant and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.
Source Link - 15 ORS § 105.161
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(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows:
(a) The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises;
(b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession;
(c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and
(d) Following the sheriff’s removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165.
(2) Following issuance of the writ, at the plaintiff’s request, the sheriff shall delay enforcement and service of the writ.
(3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension.
(4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered.
Source Link
