The Oregon eviction process varies depending on what type of lease the tenant signed. All property owners must follow State laws and file the necessary notices when attempting to obtain possession of the residential property.
If a landlord or tenant has any questions about the eviction process they may contact the State BAR at 1(503) 620-0222.
How to Evict a Tenant in Oregon
1. Notice
Landlords must give any tenant notice before proceeding with an eviction. For month-to-month leases, landlords must give 30-day notices, but if the tenant has lived at the property for more than one year, the landlord must give 60 days’ notice. The tenant does not need a specific reason to evict under this type of lease, but the notice must state the date when the tenant must leave.
If the owner wants to evict because of property damage or a lease violation, such as having pets, a 30-day notice is also required. This notice must state the reason for the eviction, but must also state that the tenant has 14 days to correct the violation if it is possible.
For nonpayment of rent, landlords must give tenants 72 hours of notice before they can file an eviction. However, landlords cannot give the notice until seven days have passed since rent was due. Leases may specifically provide for longer periods, but not shorter ones.
A landlord may submit a twenty-four hour notice if the tenant has committed personal injury, substantial damage, an extremely outrageous act, unlawful occupant, perpetrator of domestic violence, sexual abuse, or stalking.
2. Forcible Entry and Detainer Complaint
If the tenant remains on the premises and has not corrected the violation if applicable, the owner may file a Forcible Entry and Detainer Complaint, which is the eviction lawsuit. Owners must do this at the court in the county where the property is located by filing the following forms according to the Detainer Instructions;
The sheriff will issue the forms to the tenant, telling the tenant when and where to go for the first hearing, which is called a First Appearance. Tenants must file an Answer for this hearing or the landlord will win the eviction case.
3. First Appearance
This hearing varies from county to county in Oregon, but typically, the judge will try to get the parties to settle the dispute without using the judicial system further. The tenant may concede the eviction, and merely ask for more time to move out. If there is still a legitimate contention between the parties, they can request a trial. For example, the tenant may have a defense to the eviction, such as the landlord failed to make the premises habitable, or the landlord’s accusations are false. These issues would require a trial to resolve.
4. Trial
The parties will be notified of the subsequent trial if they need one. Each party should bring all relevant evidence to support his or her case, such as photographs of damage, copies of the lease, or witnesses.
If the landlord prevails, the judge will order the tenant to vacate after four days. If the tenant does not vacate, the sheriff will serve the tenant a notice to leave within four days or be forcibly removed. The party that wins may ask the judge to force the other party to pay their court costs.
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