Oregon Eviction Process

Oregon Eviction Process

Last Updated: September 15, 2022 by Elizabeth Souza

Steps of the eviction process in Oregon:

  1. Landlord serves tenant written notice.
  2. Landlord files complaint with court (if unresolved).
  3. Court holds hearing & issues judgment.
  4. Writ of execution is issued.
  5. 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.

Questions? To chat with an Oregon eviction attorney, click here

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:

  1. 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.
  2. 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.
  3. 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.
warning

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.

Eviction notice posted on iPropertyManagement.com

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.

Questions? To chat with an Oregon eviction attorney, click here

Eviction Complaint Filed on iPropertyManagement.com

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:

  1. The Clerk of the Court shall mail a copy to the tenant via certified first-class mail.
  2. 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.
  3. 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.

Clock   on iPropertyManagement.comA few days, depending on the service method chosen.

Eviction Court Hearing on iPropertyManagement.com

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.

NOTES

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.

Clock   on iPropertyManagement.comSeven days. The appearance hearing will be scheduled seven days after the landlord pays the filing fee for the complaint; if both parties attend the appearance hearing, the eviction hearing will be scheduled within 15 days of the appearance date.

Eviction Writ of Execution on iPropertyManagement.com

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.

Clock   on iPropertyManagement.comFour days. The tenant must be given four days to move out of the rental unit before the writ of execution may be issued.

Eviction property possession returned on iPropertyManagement.com

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.

Clock   on iPropertyManagement.comImmediately. Law enforcement officials are required to immediately remove tenants from the rental unit once they receive the writ of execution if the tenant has not moved out already.

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
Questions? To chat with an Oregon eviction attorney, click here

Flowchart of Oregon Eviction Process

Oregon Eviction Process Flowchart on iPropertyManagement.com

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