Steps of the eviction process in Oregon:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing & issues judgment.
- Writ of execution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Oregon can take around two to eight 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, having an unpermitted pet, illegal activity and more. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 72 Hours or 144 Hours | Maybe |
End of / No Lease | 30 Days | No |
Lease Violation | 30 Days | Maybe |
Unpermitted Pet | 10 Days or 24 Hours | Maybe |
Drug/Alcohol-Free Housing Violation | 48 Hours | Maybe |
Illegal Activity | 24 Hours | No |
Eviction for Nonpayment of Rent
In Oregon, a landlord can evict a tenant for not paying rent on time. To do so, a landlord has a few notice options to choose from:
- The landlord can give the tenant a 72 hours’ notice to pay rent or vacate the premises; however, they must wait 8 days after rent is past due.
- The landlord can give the tenant a 144 hours’ notice to pay rent or vacate the premises; however, they must wait 5 days after rent is past due.
- For week-to-week tenancies, the landlord must give the tenant a 72 hours’ notice to pay rent or vacate the premises; however, they must wait 5 days after rent is past due.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Oregon on the 4th day of the rental period. So for example, if rent is due on the first of the month, it is considered late starting on the fifth of the month (if not paid in full).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Oregon, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
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.
However, 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.
Tenant responsibilities include:
- Using the premises in a reasonable manner.
- Keeping all areas of the premises clean, sanitary and free from all trash, debris, rodents, vermin, and garbage.
- Disposing of all ash, garbage, and rubbish in a clean and safe manner.
- Disposing of all needles, syringes and other infectious waste in a manner that is authorized by state and local governmental agencies.
- Keeping all plumbing fixtures clean.
- Testing and replacing batteries (if needed) to any smoke alarm, smoke detector or carbon monoxide alarm once every six months.
- Not disturbing the peaceful enjoyment of the neighbors.
- Having guests behave by not disturbing the peaceful enjoyment of the neighbors.
- Not removing or tampering with any smoke alarm, smoke detector or carbon monoxide alarm.
- Not deliberately destroying, defacing, or removing any part of the premises.
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.
Eviction for an Unpermitted Pet
In Oregon, a landlord can evict a tenant if they have an unpermitted 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. The tenant has the opportunity to fix the issue or move out.
Minor Damage Caused by an Unpermitted Pet
For more minor damage, the landlord must give 10 days’ notice to fix the issue or vacate.
Examples of unpermitted pets causing minor damage:
- Animal chewing wiring in dwelling unit.
- Aquarium leaking or flooding.
- Scratches and punctures on the walls due to the animals’ nails/claws.
If the tenant rehomes the pet during that time, they will not be evicted. If the tenant fixes the violation but commits the same act within a six-month timeframe, the landlord can serve the tenant with a 10 days’ notice to vacate and the tenant does not have the option to fix the issue and must move out.
Substantial Damage Caused by an Unpermitted Pet
If a tenant’s pet causes substantial harm or damage the dwelling unit (or to others), the landlord may serve the tenant with a 24 hours’ notice to fix the issue or move out. In order for the tenant to fix the issue, the pet must be removed from the premises.
If the tenant removes the pet during the notice period the tenant can remain on the property; however, if the tenant returns the pet to the premises during the tenancy, the landlord must provide a 24 hours’ notice to vacate without the chance to fix the issue.
Eviction for Drug and Alcohol-Free Housing Units
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.
Eviction for 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.
- Bias crimes, intimidation, or burglary.
- Tenant has provided false information regarding a criminal conviction on the rental application.
- Threat to inflict substantial injury or inflicting substantial injury on property or others.
- Recklessly endangering a person on the premises causing a serious risk of substantial personal injury.
- A tenant’s pet inflicting injury or threatening to inflict injury to a person on the premises or to a neighbor.
Illegal Evictions in Oregon
In Oregon, any of the below is illegal. 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
No matter the situation, 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 building, health or housing 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.

Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Oregon by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving it to the tenant in person;
- Mailing the notice to the tenant via first class mail; or
- Posting the notice on the main entrance of the rental unit AND mailing a copy via first class mail (if the written rental agreement specifically allows for posting).
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
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. This notice is for week-to-week tenants and landlords who will give the notice on the 8th day of the rental period. The notice gives the tenant 72 hours (including weekends and legal holidays) to pay the entire remaining balance or vacate the premises.
144-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 144 Hour 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 144 hours (including weekends and legal holidays) 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 calendar 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 14 calendar 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 4 calendar 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 calendar 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 calendar 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 24 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 delivery a copy to the tenant or if the tenant is not available for service by attached a copy 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. The person sending the fax shall receive confirmation via telephone from the sheriff’s office that their fax machine is available and working properly.
Step 3: Court Hearing and Judgment
A first appearance hearing will be scheduled seven 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.
Formal Answer. If the tenant attends the appearance hearing, they will be ordered to file a written answer with the court that will be used at the eviction hearing. The answer explains, in writing, why the tenant objects to the eviction, and a copy must be given to the landlord.
Tenants may be granted a two 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.
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 four 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
For additional questions about the eviction process in Oregon, please refer to the official legislation, Oregon Revised Statutes §90, and §105, for more information.
Sources
- 1 OR Rev Stat §90.260 (2019)
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(1)(a) The rent payment is not received by the fourth day of the…rental period…and (b) …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…and (C) The date on which rent payments are due and the date or day on which late charges become due.
- 2 OR Rev Stat §90.394 (2019)
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(1) a week-to-week tenancy… at least 72 hours’ written notice… no sooner than on the fifth day of the rental period… (2) For all tenancies other than week-to-week tenancies… (a) At least 72 hours’ written notice… no sooner than on the eighth day of the rental period… or (b) At least 144 hours’ written notice…no sooner than on the fifth day of the rental period…
- 3 OR Rev Stat §90.427 (2019)
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(2) …a week-to-week tenancy…may terminate…by a written notice given to the other at least 10 days before the termination date specified in the notice. (3) …a month-to-month 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…
- 4 OR Rev Stat §90.392 (2019)
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(3) (b) …state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and… (4)(a) If the violation…can be cured by the tenant…the rental agreement does not terminate if the tenant cures the violation… (A) At least 14 days after delivery of the notice…
(6) When a tenancy is a week-to-week tenancy, the notice period in: (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…
- 5 OR Rev Stat §90.325 (2019)
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(1) The tenant shall:
(a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner…(b) Keep all areas… as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin…(c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste…as authorized by state and local governmental agencies.(d) Keep all plumbing fixtures…clean…(e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises (f) Test at least once every six months and replace batteries…any smoke alarm, smoke detector or carbon monoxide alarm…(g) Behave and require other persons on the premises…in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
(2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm…(b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
- 6 OR Rev Stat §90.405 (2019)
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(1) If the tenant…keeps…a pet capable of causing damage to persons or property, the landlord may deliver a written notice…stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice unless the tenant removes the pet from the premises…
(3) If substantially the same act that constituted a prior noncompliance of which notice was given under subsection (1) of this section recurs within six months, the landlord may terminate the rental agreement upon at least 10 days’ written notice specifying the breach and the date of termination of the rental agreement.
- 7 OR Rev Stat §90.396 (2019)
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(1) …at least 24 hours’ written notice… (e)(A) The tenant intentionally provided substantial false information on the application for the tenancy within the past year; (B) …with regard to a criminal conviction…that would have been material to the landlord’s acceptance of the application; and (C) The landlord terminates the rental agreement within 30 days after discovering the falsity of the information…
- 8 OR Rev Stat §90.396 (2019)
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(1) …at least 24 hours’ written notice… (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; (d) The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises…
(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 - 9 OR Rev Stat §90.398 (2019)
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(1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items…, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause and take possession… The notice must specify the acts constituting the drug or alcohol violation and state that the rental agreement will terminate in not less than 48 hors after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice.
(2) If the tenant cures the violation within the 24-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement terminates as provided in the notice.
(3) If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours’ written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.
- 10 OR Rev Stat §90.396 (2019)
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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…
(f) …Acts that are “outrageous in the extreme” include: (A) Prostitution, commercial sexual solicitation or promoting prostitution… (B) Unlawful manufacture, delivery or possession of a controlled substance… (C) Manufacture of a cannabinoid extract…unless the person…holds a license issued under ORS 475B.090 or is registered under ORS 475B.840; (D) A bias crime… (E) Burglary…
- 11 OR Rev Stat §90.396 (2019)
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(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…
- 12 OR Rev Stat §90.375 (2019)
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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.
- 13 OR Rev Stat §90.385 (2019)
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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… - 14 OR Rev Stat §105.130 (2019)
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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; (3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section.
- 15 OR Rev Stat §105.135 (2019)
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(3)(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…by personal delivery…or…by attaching the summons and complaint…to the main entrance to that portion of the premises of which the defendant has possession.
- 16 OR Rev Stat §105.135 (2019)
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(2) The clerk shall enter the first appearance date on the summons. That date shall be seven days after the judicial day next following payment of filing fees…
- 17 OR Rev Stat §105.137 (2019)
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(6) If both parties appear…on the date contained in the summons, the court shall set the matter for trial…no later than 15 days from the date of such appearance… (7)(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing…and to serve a copy upon the plaintiff on the same day as first appearance.
- 18 OR Rev Stat §105.140 (2019)
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No continuance shall be granted to a defendant for a longer period than two days…
- 19 OR Rev Stat §105.151 (2019)
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(1)(a) …a notice of restitution that shall give the defendant four days to move out of the premises… (b) After the expiration of the four-day period…issuance by the clerk of the court…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…
- 20 OR Rev Stat §105.151 (2019)
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(1) …the sheriff shall immediately enforce and serve the writ upon the defendant… (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…