Oregon

Eviction Process

Timeline. Evicting a tenant in Oregon can take around 2-8 weeks, depending on the reason for the eviction. If tenants attend the appearance hearing, the process can take longer (read more).

Below are the individual steps of the eviction process in Oregon.

Step 1: Notice is Posted

Landlords in Oregon can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord may not need an additional reason to end the tenancy as long as proper notice is given.
4. Keeping a Pet Capable of Causing Damage – If the tenant keeps a pet capable of causing damage to others or the rental property, they could be evicted with proper notice.
5. Providing False Information – If a tenant provides false information on a rental application about criminal convictions, they can be evicted with proper notice.
6. Illegal Activity – If a tenant is engaged in illegal activity, they must receive written notice before the landlord can evict the tenant.

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Oregon law, rent is considered late if it isn’t paid by the 4th day of the rental period.

Once rent is past due, the amount of notice the landlord must provide depends on the type of tenancy and when the notice will be given.

For week-to-week tenancies, landlords must give tenants 72 hours’ written notice prior to filing an eviction action with the court.

For all other tenancies, if the notice will be given to tenants on the 8th day of the rental period, landlords must provide 72 hours’ notice. If the notice will be given on the 5th day of the rental period, tenants must receive 144 hours’ notice.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Oregon if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Oregon landlords must provide tenants with a 30-Day Notice to Comply, giving tenants 14 days to correct the violation; otherwise, the tenant will need to move out of the rental unit within 30 days in order to avoid eviction.

However, week-to-week tenants will only be provided with a 7-Day Notice to Comply, giving the week-to-week tenant 4 days to correct the violation; otherwise, they will need to move out of the rental unit within 7 days in order to avoid eviction.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Material health/safety violations may be included under this category. This type of violation could look like letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

Note that illegal activity is not included in this category.

If the tenant fails to correct the issue/remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Oregon, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

• Week-to-week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit.
• Month-to-month – If rent is paid on a month-to-month basis, AND it’s the first year the tenant has lived in the rental unit, a landlord must provide the tenant with a 30-Day Notice to Quit.

After the first year for month-to-month tenants, landlords must have a reason to evict the tenant, such as nonpayment of rent, violating the lease, or being involved in illegal activity.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Keeping a Pet Capable of Causing Damage

A tenant can be evicted in Oregon if they have a pet in the rental unit that could cause property damage or harm others on the rental property because of their size, their “nature,” or their behavioral characteristics.

One of the first animals that might come to mind for many may be a certain breed of dog, but Oregon statute also includes things like fish because of the possibility that an aquarium could cause water damage to the rental unit if the tank leaks.

In these instances, tenants must be given 10 days’ notice. If the tenant rehomes the pet during that time period, they will not be evicted.

If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.

Eviction Process for Providing False Information

If the landlord finds out that a tenant provided false information on their rental application about a criminal conviction, the tenant may be evicted.

Landlords must give tenants 24 hours’ notice prior to filing an eviction action with the court.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Tenants who are involved in illegal activity must be given 24 hours’ notice before the landlord can proceed with an eviction action.

In Oregon, illegal activity includes :

• Prostitution
• Illegal manufacture/delivery/possession of a controlled substance
• Manufacture of a cannabinoid extract without a license
• Bias crimes
• Burglary
• Threat to inflict substantial injury or inflicting substantial injury on property/others

If the tenant’s pet has caused the property damage/injured other tenants or guests on the rental property, the tenant will not be evicted if the pet is rehomed within the notice period.

If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.

Step 2: Complaint is Filed and Served

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 and/or a professional process server prior to the hearing through one of the following methods :

1. Giving a copy to the tenant in person
2. Mailing a copy to the tenant
3. Posting a copy in a conspicuous place on the rental unit

It is the Clerk of Court’s responsibility to mail the summons and complaint to the tenant, while a process server is responsible for giving a copy to the tenant in person or posting the summons and complaint.

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 about whether or not the tenant will have to move out of the rental unit.

Tenants may be granted a 2-day continuance for the eviction hearing. A longer continuance may be granted for good cause.

If the judge rules in favor of the landlord, a writ of execution will be issued and the eviction process will continue.

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.

Tenants will have 4 days to move out of the rental property before the writ of execution is issued.

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

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Oregon. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

1. Initial Notice Period – between 24 hours and 30 days, depending on the notice type and reason for eviction.
2. Issuance/Service of Summons and Complaint – a few days, depending on the service method.
3. Court Hearing and Ruling on the Eviction – 7 days for appearance hearing; up to 15 additional days for the eviction hearing.
4. Issuance of Writ of Execution – 4 days after the tenant is ordered to move out.
5. Return of Possession – Immediately.

Flowchart of Oregon Eviction Process

For additional questions about the eviction process in Oregon, please refer to the official legislation, Oregon Revised Statutes §90, and §105, for more information.