Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Oregon and understand their responsibilities.
Quick Facts for Oregon
- Grounds for Eviction: Failure to pay rent, lease term violations, committing “outrageous acts”
- Notice Required for Nonpayment of Rent: 72-Hour Notice to Pay Rent for rent 7 days past due
- Notice Required for Eviction without Cause: 30-Day Notice to Terminate
- Notice Required for Lease Violations: 30-Day Notice to Cure
- Fastest a Landlord Can Evict for Illegal Acts: 24 hours, via Unconditional Notice to Quit
- Duration for Tenant to Challenge Eviction: Until 4:30pm of first hearing date
How Long Does it Take to Evict a Tenant in Oregon?
It is always difficult to provide a simple answer to the question of how much time it will take to evict a tenant. This is no less so when considering the amount of time it will take to evict a tenant in the state of Oregon. The eviction process in this state begins with the landlord providing the tenant with a written notice indicating his/her intention to regain control of the rental property. The amount of time provided to the tenant to remedy a violation to the terms or the rental agreement, pay rent, or move from the rental property will vary depending upon the reason the landlord is seeking to reclaim the property.
Notices may be provided to the tenant by personal delivery. If the written lease or rental agreement indicates that notices may be provided through posting or mailing, these methods may also be used. If the notice is provided to the tenant through posting or mail, three days must be added to the time allowed to the tenant to pay rent, remedy a violation to the terms of the lease, or move from the property in the written notice.
Once the time allowed in the written notice has expired, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court. The legal process for an eviction requires a minimum of one court date. Mediation will be offered to the parties at this time, and often an agreement may be made making a second hearing unnecessary. If a second court date is required, it will generally be within 15 days of the initial court date.
Clearly, the time required to issue a notice and support two court dates can be fairly extensive. Ultimately, the single most important element in the amount of time that will be required to evict a tenant in the state of Oregon is the tenant’s willingness to fight the eviction process.
Reasons for Eviction in Oregon
The state of Oregon has established a list of legitimate reasons for which a landlord may seek to evict a tenant. These reasons include:
- Failure to pay rent
- Violation of the terms of the lease or rental agreement
- Tenant or a member of tenant’s household committing “outrageous acts”
“Outrageous acts” may be defined as:
- Threatening others with harm
- Causing substantial damage to the rental property
- Committing illegal acts associated with illegal drugs on the rental property
Regardless of the reason the eviction is being considered, the state of Oregon requires that a landlord begin the eviction process by providing the tenant with a written notice of the landlord’s intention to regain control of the rental property. The amount of time the landlord is required to provide the tenant to correct the issue or vacate the rental property will depend upon the reason the landlord is considering an eviction.
Eviction for Failure to Pay Rent
Generally, a landlord is required to provide his/her tenant with a written 72-Hour Notice to Pay Rent once the rent is seven days past due, in the state of Oregon (O.R.S. 90.394(2)). However, if the lease so states, the landlord may instead choose to provide his/her tenant with a written 144-Hour Notice to Pay Rent once the rent is five days past due. Regardless of the amount of time specified in the notice, the written notice must provide the outstanding amount of rent due and inform the tenant of the landlord’s intention to terminate the rental arrangement unless the full amount of rent is paid within the time indicated. If the tenant fails to pay the rent within the time indicated in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
Eviction if Rent has Been Paid
In the state of Oregon, a landlord may seek to evict a tenant who is renting without the benefit of a written lease, otherwise known as an “at-will” tenant, without cause so long as the tenant has not been renting for a year or more.
Evicting a Tenant For Violation of Rental Agreement/Lease
When a tenant violates a term of the lease or rental agreement, the landlord must begin the eviction process by providing the tenant with a written 30-Day Notice to Cure if he/she is required to offer the tenant the opportunity to resolve the issue (O.R.S. 90.392(3)). This notice must identify the violation and provide the tenant with at least one option to cure the situation. The notice must also identify a date at least 14 days from the delivery date to have the issue resolved. If the tenant fails to remedy the situation in the time allowed, the tenant must vacate the rental property within 30 days. If the tenant remains after the 30 days allowed, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
If the violation occurs a second time in six months, the landlord is not required to offer the tenant the option to cure the issue and may provide the tenant with a 10-Day Notice to Quit (O.R.S. 90.392(5)). If the tenant fails to vacate the rental property within the 10 days provided, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
Evicting a Tenant for Illegal Behavior
In certain situations a landlord in the state of Oregon is allowed to provide a tenant with a 24-Hour Unconditional Notice to Quit (O.R.S. 90.396). The situations in which a landlord may provide a 24-Hour Unconditional Notice to Quit include:
- When a tenant, a member or his/her household, or his/her pet threatens to inflict substantial injury to a person on the property
- When the tenant makes, distributes, or uses a controlled illegal substance on the property
- When a tenant intentionally falsified information regarding criminal activity on the rental application within the past year
- When acts of prostitution are provided on the rental premises
If the tenant remains on the rental property beyond the 24 hours provided, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
How Does a Landlord Evict a Tenant in Oregon When There is no Lease?
In the state or Oregon, a landlord may seek to evict an “at-will” tenant for no cause if the tenant has not been renting for a year or more. To do this the landlord must first provide the landlord with a 30-Day Notice to Terminate (O.R.S. 90.427(3)). If the tenant remains on the rental property beyond the 30 days provided in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court. It should be noted that if the tenant has been renting without the benefit of a written lease for a year or more, the landlord must have a legitimate reason to seek an eviction.
When Can a Tenant Not Be Evicted in Oregon?
In the state of Oregon, it is illegal for a landlord to attempt to evict a tenant for filing a complaint regarding code or legal violations with the appropriate government agency, organizing or joining a tenant’s group, testifying against the landlord in a legal claim, or complaining to the landlord about anything regarding the rental unit (O.R.S. 90.385(I)). It is also illegal for a landlord to attempt to evict a tenant based on his/her race, gender, religion, nation of origin, sexual orientation, familial status, or disability status.
Once a Notice Has Expired
The landlord may file a Summons and Complaint with the court. The clerk of court will schedule a court date for between seven and 10 days from the filing date for the first court date. If the tenant wishes to challenge the eviction, he/she must appear at the court date. Mediation will be offered to decrease court costs and support collaborative agreement of a solution to the issue at hand. If mediation is declined or no agreement is made, the tenant has until 4:30pm of the first hearing date to file an answer to the landlord’s claim. If an agreement is met through mediation, the eviction case will be dismissed. If the tenant fails to attend the hearing, the judge may issue a default ruling in the landlord’s favor. If the landlord fails to attend the hearing, the case will be dismissed.
If a second trial is required, it will be scheduled for within 15 days of the initial court date.
Once Eviction Occurs
If the court rules in favor of the landlord, the landlord may pay the clerk of court to issue a Writ of Execution. The writ is then given to the sheriff’s office and a time will be scheduled to physically remove the tenant. After the sheriff removes a tenant, the landlord may change the locks on the rental property.
If the tenant leaves any personal property behind after an eviction, the landlord is required to store these items and provide the tenant with notice to retrieve his/her property.
Make sure to read the Oregon Revised Statutes Vol. 3 Chapter 90 §§ 375, 392, 394, 396, & 427 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.