Oregon Eviction Process

Last Updated: November 8, 2021 by Elizabeth Souza

Timeline. 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 (read more).

Introduction. Oregon landlords may proceed with an eviction lawsuit if there is legal reason to terminate the tenancy. 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 to avoid eviction.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease or 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 if proper notice is given.
4. 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 fourth day
[1]
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’
[2]
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’
[2]
notice. If the notice will be given on the 5th day of the rental period, tenants must receive 144 hours’
[2]
notice.

The notice shall include the amount of rent that must be paid, the date and time by which the tenant must pay to avoid eviction.

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.

NOTE: If a tenant has applied for emergency rental assistance, please review Senate Bill 278 for important additional information.

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 or rental agreement.

Oregon landlords must provide tenants with a 30-Day Notice to Comply, giving tenants 14 days
[3]
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 four days
[4]
to correct the violation; otherwise, they will need to move out of the rental unit within seven 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 and 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.
[5]

• 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 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’
[6]
notice. 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 may terminate the rental agreement with a 10 days’ notice and the tenant will not be allowed to fix the violation.

If a tenant’s pet seriously damages property, inflicts injury or threatens to inflict injury to a person on the premises (other than the tenant) or to a neighbor living in the immediate vicinity of the premises, the landlord may serve the tenant with a 24 hours’ written notice to terminate the tenancy.

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’
[7]
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’
[8]
notice before the landlord can proceed with an eviction action.

In Oregon, illegal activity includes:
[9]

• 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 or burglary.
• Threat
  [8]
  to inflict substantial injury or inflicting substantial injury on property or others

If the tenant’s pet
[10]
has caused the property damage or 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 a tenant resides in a drug and alcohol free housing unit for less than two years and possesses or distributes drugs or alcohol, the landlord may deliver a 48 hours’ notice to quit.  The notice shall state the tenant may correct the violation by a change of conduct within 24 hours after the delivery of the notice. If the tenant fixes the violation within 24 hours, the tenancy will not terminate. If the tenant does not fix the violation within 24 hours, the tenancy will end.

If the same act is committed within six months after the tenant fixes the violation, the landlord may terminate the rental agreement with a 24-hour notice to quit and the tenant will not be allowed to fix or “cure” this violation.

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
[11]
in filing fees.

The summons and complaint must be served on the tenant by
[12]
the Clerk of Court, a professional process server or sheriff prior to the hearing through one of the following methods:
[12]

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.

Step 3: Court Hearing and Judgment

A first appearance hearing will be scheduled seven days
[13]
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
[14]
of the appearance hearing. The eviction hearing is when the judicial officer will make a decision if tenant will have to move out of the rental unit.

Tenants may be granted a two day
[15]
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
[16]
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
[17]
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. 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 – Seven days for appearance hearing; up to 15 additional days for the eviction hearing.
4. Issuance of Writ of Execution – Four  days after the tenant is ordered to move out.
5. Return of Possession – Immediately.

Additional Information

Tenant’s Abandoned Property. If a tenant leaves behind personal property after the eviction, the landlord is responsible for the abandoned property. The landlord shall provide the tenant with a written notice that must be personally delivered or sent by first class mail. The landlord must store the property while waiting on the response of the tenant.  The tenant has 15 days to claim any personal property and if it is not claimed, the landlord may sell the property in a public or private sale or dispose of it.

If a manufactured dwelling, floating home, or vehicle was abandoned, the landlord shall provide a copy of the written notice to any lienholder, owner, tax collector, or assessor of the county. The lienholder (or if applicable the tenant) has 30 days to claim any recreational vehicle, manufactured dwellings or floating homes.

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.