Oregon Eviction Process & Laws | Free OR Eviction Notices

An Oregon eviction is created by a tenant that has either broken a section of their lease agreement or has failed to move out of the premises when instructed to do so terminating a month to month lease. If the landlord has exercised their rights sending a notice to quit, and the tenant has not complied, they may begin to follow the Court Procedures and submit a filing with their Local Court (fee is $79). If a tenant feels as though they have a case against the landlord, or they would like to simply represent themselves, they should read the Information Guide for Lessees when getting evicted.

Illegal Activity Laws - 24 hours § 90.396 and § 90.398

NonPayment Laws - 6 days § 90.394

NonCompliance Laws - 30 days § 90.322

Month to Month Laws - 30 days § 91.070

Forcible Entry and Detainer Laws § 105.105 to § 105.168

Types of Notice

Oregon 24 Hour Notice to Vacate | Illegal Activity

The Oregon 24 hour notice to vacate, established by § 90.396 and § 90.398, can be served on a tenant who has committed a major criminal act (such as drug trafficking/manufacturing, prostitution, burglary, assault, etc.). The notice provides the tenant with 24 hours to vacate the rental property. If the tenant has not…

Oregon 30 Day Lease Termination Letter | Month to Month Tenancy

The Oregon thirty (30) day lease termination letter, in accordance with § 91.070, is the notice that must be given to month-to-month tenants before a landlord can terminate the lease agreement. The notice provides the tenant with 30 days to vacate the rental unit, and if the tenant fails to vacate…

Oregon 30 Day Notice to Cure or Quit | NonCompliance

The Oregon thirty (30) day notice to comply or quit, as stated in § 90.322, is required to be served on a tenant who has committed a lease violation. The notice provides the tenant with 30 days to either cure (i.e. fix) the violation(s) or vacate the rental property. If the violation…

Oregon 6 Day Notice to Pay or Quit | NonPayment of Rent

The Oregon six (6) day notice to pay or quit, in regards to § 90.394, is required to be served on a tenant who has failed to pay rent (before the landlord can file an eviction action). The six (6) day (144 hour) notice provides the tenant with 6 days to…

Process How to Evict a Tenant

If a landlord wishes to evict a tenant, they must serve the tenant with a written notice before filing an eviction lawsuit. “Self-help” evictions are illegal in Oregon. There are specific legal requirements regarding which type of notice must be served on the tenant. The requirements depend on the type of tenancy that is going to be terminated.

Step 1 – Serve the tenant with the right kind of notice. A month-to-month tenancy can only be terminated after the landlord (or tenant) serves one another with a 30 day* termination notice. If a month-to-month tenant does not pay rent, the landlord can evict them with a 72 hour notice to pay/quit.  If a tenant has committed some major form of criminal activity (drug manufacturing/trafficking, prostitution, burglary, assault, etc.) they can be evicted with a 24 hour notice to vacate. A 30 day notice to cure must be served on a tenant who has broken the lease/rental agreement (and the breach is “curable”). Tenants who have failed to pay rent must be served with (at the minimum) a 72 hour notice to pay/quit (this largely depends on the terms of the lease agreement and how late the rent is).

* In Portland, tenants/landlords must receive at least 60 days notice.

Step 2 – Notices can be served via personal delivery or through certified mail. If the lease/rental agreement is written (not verbal), other service methods may be used if they are explicitly stated within the agreement.

Step 3 – After waiting the entire notice period for the tenant to take action (pay rent/cure the violation, move out), the next step is to file an eviction lawsuit (known in Oregon as an FED – Forcible Entry and Detainer). After the FED has been filed, the tenant will be served with a copy of the Complaint and Summons by a Sheriff or private process server. The Summons will inform the tenant of the hearing date/time.

Note: The date of the hearing is typically no more than 7 days from the filing date.

Step 4 – Show up to court on the hearing date. The judge may request that a mediation session take place before an actual trial. If the mediation fails, the case will go to trial. On the date of the trial, bring all evidence and supporting documentation (payment history, lease agreement, etc.).

Note: If a trial is requested by the tenant, they must file a written “answer” on the hearing date. Both parties (landlord and tenant) must show up to court on the date of the hearing. Failure of either party to show up will most likely result in the judge dismissing the lawsuit.

Step 5 – If a judgement is made in favor of the landlord, the tenant will be required to move out of the rental unit within a certain period of time (and might be ordered to pay for the landlord’s legal fees). The landlord can also file a request for the Sheriff to serve the tenant with a four day notice to vacate. If the tenant fails to vacate within the four day period, the Sheriff will return and physically evict the tenant from the premises (while the landlord changes the locks of the unit).