Oregon Eviction Process & Laws: A Landlord Guide

It’s normal for landlords to be confused by Oregon eviction laws—they’re incredibly complex, with multiple steps, notice requirements, and hearings to attend. We’ll cover Oregon’s eviction process from start to finish, including how to legally give a tenant notice, initiate an eviction lawsuit, and obtain a judgment for possession of your property.

Let’s dive in.

Valid Grounds for Eviction: Understanding Landlord Rights

Landlords can start the Oregon eviction process for multiple reasons. Let’s get into a full breakdown of the eligible eviction reasons and their notice requirements:

• Acts justifying expedited termination (24-hour notice): Substantial risk of injury to an individual or damage to the property by the tenant or their pet. Any “extremely outrageous act,” such as prostitution, drug manufacturing, burglary, or a bias crime.
• Unlawful occupant (24-hour notice): Any individual occupying the property without the landlord’s permission from whom the landlord has not accepted any rent payments.
• Domestic violence, sexual abuse, or stalking (24-hour notice): Any tenant who commits one of the listed acts against a household member can be evicted individually without terminating the lease of the other household members.
• Drug or alcohol program violation (48-hour notice): Sharing or distribution of drugs or alcohol by any tenant living for less than two years in drug and alcohol-free housing. The tenant may fix or “cure” the issue within 24 hours to avoid eviction, but any subsequent violations within 6 months allow eviction with 24-hour notice and no option to cure.
• Unauthorized pets (10-day notice): Tenants may remove an unauthorized pet during the 10-day notice window to cure the violation and stop the eviction. Subsequent violations within 6 months allow eviction with a 10-day notice and no option to cure.
• Failure to pay rent (10 or 13-day notice): Landlords can provide a 10-day eviction notice on the eighth day after rent is due or a 13-day eviction notice on the fifth day after rent is due. In both cases, the tenant has the right to fix the violation and stop eviction by paying all outstanding rent by the end of the notice period.
• Lease violations (30-day notice): Any material breach of the lease is cause for eviction with a 30-day notice, but landlords must provide at least 14 days for the tenant to cure the violation. Any subsequent repeat violations within 6 months are grounds for eviction with a 10-day notice and no option to cure the violation.
• Fixed-term leases (30 or 90-day notice): If the lease agreement terminates within the first year of occupancy, the landlord can evict with a 30-day notice without cause. After a year of occupancy, the lease automatically changes to month-to-month, and eviction requires a 30-day notice with cause (section 4). If the tenant has committed three lease violations in the first year, the landlord can evict with a 90-day notice rather than letting the lease become month-to-month (section 8).
• Month-to-month leases (30, 90, or 180-day notice): Landlords can evict with a 30-day notice in the first year of residency. After the first year, landlords can evict for cause with a 30-day or 90-day notice for certain qualifying conditions, such as the sale of the rental property. Floating and manufactured homes with month-to-month leases may require 180-day notice.
• Week-to-week leases (7 or 10-day notice): For weekly rentals, evictions with no cause require a 10-day notice (section 2) or a 7-day notice with cause with 4 days to cure, with an option for a 4-day eviction notice for repeat violations (section 6).

Initiating the Eviction Process: Filing a Complaint

Under Oregon’s eviction laws, landlords can only legally evict a tenant by filing a Forcible Entry and Detainer (FED) with the court, more commonly known as an eviction lawsuit. Here are the necessary steps:

• Before filing a FED, the landlord must give the tenant an appropriate eviction notice found in Oregon’s landlord-tenant forms center.
• If the tenant has yet to voluntarily leave the property after the eviction notice period has passed, the landlord can file a Residential Eviction Complaint and Summons form in the county where the property is located.
• Alongside the complaint, landlords must submit three copies of the original eviction notice (plus one extra per each additional tenant on the property).
• Payment of all court fees is due at the time of filing (page 8). The current fee schedule for Oregon is $88 plus the trial fee, if any.

At the time of filing, the court clerk usually sets an initial court hearing 7–14 days from one day after filing. In some cases of nonpayment of rent, the court date may instead be set 15 days from the next day.

The Correct Way to Serve Eviction Notices

In Oregon, correctly serving an eviction notice is essential, as failing to do so may result in the court dismissing your case. Oregon has two sections of code that outline how to deliver notice and calculate the appropriate notice window. Here are the important takeaways:

• The landlord cannot serve the tenant.
• Anyone older than 18 who lives in the state and is not connected to the eviction lawsuit can serve the notice.
• Often, process servers serve the notice. Alternatively, the local Sheriff can deliver the notice for a fee.
• The notice for nonpayment of rent has to include the Notice re: Eviction for Nonpayment of Rent. Failure to do so will force the court to dismiss the eviction.
• The notice must state the exact date and time that it expires.
• Notice windows always start the day after the notice is given and end at midnight of the last day unless a 24 to 72-hour notice is applicable.
• For 24–48 hour notices, the notice period starts as soon as notice is given.
• 72-hour notices start at 11:59 pm the day that the notice is served.
• Mailed notices require the landlord to add 3 days to the minimum notice time, as listed in the valid grounds for eviction section.
• The initial eviction notice can be served via physical delivery, first-class mail, or both first-class mail and physically leaving a copy of the notice on the dwelling in a designated location.

Serving a tenant a Summons and Complaint has additional regulations:

• Service can only be done in person by an eligible party (see above) by hand delivery or posting on the front door of the dwelling.
• Service must be done by the end of the judicial day after the complaint is filed.
• A Certificate of Service must be completed and filed by the person who serves the tenant.

Securing a Judgment for Possession

Securing a judgment for possession is a multi-step process in Oregon:

• If the tenant voluntarily leaves the property before the hearing, the landlord can either dismiss the case via written notification or attend the initial hearing to request judgment and recoup the costs of filing and serving notice.
• Failure by the tenant to attend the hearing will result in an automatic ruling in the landlord’s favor.
• In some instances, the judge may require the landlord and tenant to attempt to reach an agreement through mediation. The mediation must occur within 30 days of the initial hearing.
• Should mediation fail, the tenant must file an answer with the clerk the same day, who will provide the landlord with a copy. The court will next set a date for trial 15-30 days after the initial hearing.
• At the trial, the judge will review physical evidence (such as lease agreements, photos, and the eviction notice) and allow both parties to call witnesses.
• If the judge rules in favor of the landlord, a judgment for possession will be granted. The judge may also allow the landlord to collect owed rent and damages in applicable cases.

Depending on the specifics of the case, the eviction process can take two weeks to several months.

Taking Back Your Property: Post-Judgment Procedures

Even after receiving a judgment for possession, landlords have a few more steps to follow all of Oregon’s eviction laws:

• After winning an eviction lawsuit, landlords must request a Notice of Restitution.
• The notice must be appropriately served to the tenant by a process server or Sheriff via mail, personal delivery, or posting at the main entrance of the dwelling.
• The notice of restitution gives the tenant 4 days to move out, with the clock starting the day after the notice is delivered and ending at 11:59 pm on the fourth day.
• If the tenant fails to move out by the end of the fourth day, the landlord can request a Writ of Execution at any point in the next 60 days.
• Once the landlord pays all fees and obtains the writ of execution, the local Sheriff can immediately forcibly remove the tenant and return possession to the landlord. In Oregon, the writ of execution is valid for 30 days, and the landlord must coordinate enforcement with their local law enforcement agency.

Eviction Process Timeline for Oregon Landlords

Oregon’s eviction process can be complicated to keep track of. Here’s a simplified timeline to help landlords manage expectations and better plan for the cost of eviction:

• Eviction Notice (1-30 days): Serve the tenant with the appropriate eviction notice. In rare instances, the notice period may be 90 or 180 days (see earlier section).
• Filing Complaint and Summons (1-3 days): Landlords can file an eviction lawsuit the day after the eviction notice period ends.
• Attend initial hearing (7-15 days): The first hearing will be scheduled one to two weeks after the complaint is filed.
• Complete mediation (up to 30 days): In some instances, the court may require the landlord and tenant to attempt to reach an agreement through mediation within 30 days of the initial hearing.
• Attend trial (15-30 days): After the initial hearing (or failed mediation), the court will set a date for the trial two to four weeks later. At the trial, the judge will rule on possession, owed rent, and damages.
• Obtain Notice of Restitution (4 days): If the judge rules in the landlord’s favor, tenants have 4 days to move out of the property.
• Obtain Writ of Execution (1+ days): If the tenant refuses to move out, the landlord can request the Sheriff remove the tenant forcibly.

Evidence Management: Best Practices for Landlords

Landlords should keep meticulous records to use as evidence in eviction lawsuits. Best practices include:

• Gather evidence of lease violations, including witness statements, photos of damages, and any written correspondence with the tenant.
• Use property management software to digitize records, such as rent payments and Oregon lease agreements.
• Consider hiring an experienced lawyer to help navigate Oregon’s complex eviction laws.

How TurboTenant Can Help with the Eviction Process

Avoid evictions in the first place by using TurboTenant’s tenant screening report to find trustworthy tenants. If you do find yourself dealing with an eviction lawsuit in Oregon, TurboTenant can help landlords simplify the process.

We provide landlords with resources to help guide you through each step, ensuring legal compliance and peace of mind. From serving notices correctly to keeping impeccable records, we’ve got you covered.

Sign up today and make evictions manageable with TurboTenant and our partners at EZ Evict USA.

Oregon Eviction Process FAQ