Evictions vary from county to county, but they still follow the same general eviction process:
- Send a notice
- Fill out the forms
- Serve the tenant
- Attend the trial
- Wait for judgment
Landlord-tenant eviction proceedings are dependent on the agreement signed by the tenant and the landlord. An eviction process is usually the last resort when it comes to evicting a tenant.
Landlords are advised to seek the services of a mediator. These services can save them hundreds of dollars in fees.
Alternatively, they can also seek the services of an attorney well-versed in information about Oregon legal law. The attorney may also help them understand any information they wish to know about the Tenant-Landlord law.
This article details a summary for a landlord to refer to when filing an eviction.
Eviction Reasons
1. Failure to Comply with Rent Deadlines
To pay rent within the deadlines is a requirement. Rent is usually considered late a day after the rent is due. A grace period may be available if stated in the lease agreement.
Tenants or renters should pay the rent on time to avoid getting an eviction notice.
Nonpayment of rent is a common reason for an eviction case. Oregon considers nonpayment of rent on the 4th day from the rental period as late.
Before a landlord may start the eviction process, they are required to give the tenant an official written eviction notice. Providing an eviction notice is crucial to the process.
The notice to receive may vary depending on the tenancy type:
If rent is paid within the notice period, then the landlord cannot continue filing for eviction. In the event of continued nonpayment, the landlord can continue filing for an eviction lawsuit.
2. Violation of the Lease
The rental agreement has to be upheld by both parties for the entire duration of their stay. Landlord-tenant agreements may vary from tenant to tenant.
If a renter has violated an agreement, the landlord may issue a 30-Day Notice to Comply. The time period can give the tenant a chance to correct their violation within 14 days.
If a tenant resolves their violation on time, the filing process does not continue. If not, the tenant has the remainder of the 30 days (16 days) to vacate the property.
Oregon lease violations may include:
- Damage to the rental unit
- Several unauthorized people living in the property
- Keeping pets in pet-free properties, etc.
For weekly tenants, the landlord must provide a 7-Day Notice to Comply. The notice period allows 4 days for the tenants to correct these issues.
The landlord prioritizes the health and safety conditions of their tenants. Anything that affects the health and safety of the tenants negatively is considered a violation.
Health or safety violations also include:
- Not throwing out the trash for long periods of time
- Damaging the unit’s electric lines
- Inviting rodents in the rental unit
If the violation is not resolved or the tenant remains at the rental unit, then the landlord can continue with the filing.
3. Conducting Illegal Activity
In order to evict a tenant conducting illegal activity within the property, the landlord needs to issue an official written 24 Hour Notice to Quit.
Examples of illegal activities Oregon recognizes are:
- Prostitution
- Involvement in the creation, distribution, or consumption of a controlled substance
- Manufacturing a cannabinoid extract without a license
- Bias crimes
- Burglary or theft
- Threatens or inflicts injuries on others or the property
The landlord is advised to keep a close eye on their tenants to make sure illegal activity does not go unnoticed. Any information is valid.
4. Providing False Information
A tenant in Oregon can be evicted when they provide false information in their rental application. Information such as:
- The tenant’s history as a convicted criminal
- Wrong contact information
Oregon landlords must give 24 hours notice before filing for an eviction action.
5. Damages from Owning a Pet
Pets damage property and harm other people. The landlord will issue a 10-Day Notice to the tenant to rehome their pets.
Should the tenants prove unable to do so, the landlord can continue filing a complaint.
6. Non-Renewal of the Lease after the Rental Period Ends
According to Oregon law, the landlord must not evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not commit a violation, they can stay until their lease period ends.
There are times when a landlord may not want to renew their tenant's lease. In this case, Oregon eviction notices and notice periods about nonrenewal of the lease depend on the tenancy type. These notices can either be a 10-Day Notice to Quit or a 30-Day Notice to Quit.
A landlord may terminate a month-to-month tenancy without cause only during the first year of the tenant living on the property. After one year, should the tenant stay after their agreement ends, the landlord may continue with the process.
If you want your own Oregon lease agreement, head over to DoorLoop's Forms Page to download your very own template.
7. Summary
The reason for evictions must always be valid. A landlord cannot evict a tenant without cause. The eviction notice must include the reason for eviction and the length of time before a tenant has to face a lawsuit.
The information found in the Landlord-Tenant rental agreement helps greatly when it comes to determining what the tenant has done wrong.
Filing a Legal Complaint
1. How to File a Complaint
The eviction action process can only begin after the issuance of the appropriate written notice. Enough time for the notice must have been allowed before filing for an eviction lawsuit.
The process is as follows:
- Proceed to the justice court the rental unit belongs to
- File a complaint
- Pay the fees
2. Timeline
The time period is 24 hours to 30 days from the issuance of the Notice to Vacate/Quit.
Notice to Comply
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Oregon eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
Serving the Tenant
1. How to Serve a Tenant
An official appointed by the court delivers the Summons for the hearing and the Complaint to the tenant. The court’s clerk or the professional process server is usually assigned this task.
There are several methods available:
- Personal Service: The professional process server delivers the Summons and Complaint to the tenant personally
- Mailing: The clerk mails the documents via first-class and certified mail
- Posting: The professional process server posts the documents on the entrance to the tenant’s rental property.
2. After Serving the Summons and Complaint
Tenants have at least 7 days before the first appearance hearing to prepare. If the landlord and the tenant attend an appearance hearing, the eviction hearing should follow within 15 days.
3. Timeline
The documents should be served to the tenant 7 days before the acceptance hearing is scheduled.
A tenant may request a continuance for a maximum of 2 days. This applies only to the eviction hearing.
If you want to learn more about Oregon's landlord-tenant laws, make sure to visit DoorLoop's Complete Guide to Oregon's Landlord-Tenant Laws for more information.
Asking for Possession
1. Filing a Motion to Obtain Judgment and Get a Judgment for Possession
The landlord must provide a strong argument backed up by solid evidence against the tenant. Should the tenant fail to show up to the hearing, the landlord wins by default.
The tenant must move out within 4 days before the writ’s issuance.
2. Next Procedure if the Tenant Disagreed and Replied
In the state of Oregon, before an eviction hearing is scheduled, both the landlord and the tenant must first attend the appearance hearing.
If the tenant appears, a written Answer must be filed by the first appearance hearing.
The landlord must give evidence or information, and show it during the hearing.
This could include, but is not limited to the following:
- Copy of the deed and lease of rent
- Rent receipts and ledgers
- Information on Bank statements
- Photo and video documentation
If the landlord wins the case, Writ of Execution will be issued and the eviction process will continue.
3. Timeline
In Oregon, appearance hearings are scheduled in 7 days after the complaint is filed. Eviction hearings are scheduled in 15 days after the appearance hearing.
Getting Possession
1. After the Landlord Wins the Case
After the landlord wins, the Writ of Execution shall be issued. The tenant is given 4 days to vacate the rental unit after the Writ’s issuance.
2. Move Out Process
In Oregon, after judgment is passed in favor of the landlord, renters have to move out immediately once the law enforcement officers execute the Writ.
Only the appropriate authorities are allowed to remove the tenant by forcible entry. Should the landlord win in court, they are not allowed to undertake any illegal methods of eviction.
The state of Oregon does not specify what to do with a tenant’s belongings. If any belongings are left behind, landlords are advised to contact them and give them a reasonable timeframe to claim them. After the timeframe has passed, their property may be sold or disposed of.
3. Timeline
The tenant must vacate immediately upon receiving the Writ of Execution. If not, the officers will forcibly evict them from the premises.
Oregon Eviction Process Timeline
Below is the average timeline for a complete eviction process. This timeline does not include special cases or activities such as requests for an appeal or continuance.
On average, it would take anywhere between 1 month to 2 months for a complete eviction process.
Showing Evidence
1. How to keep good records
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part is essential to your case as it provides the courts with evidence to decide in your favor.
You can stay organized by:
- Keeping a physical paper trail - This gets VERY hard to search through, takes up a lot of storage space, and could get lost, damaged, stolen, or burnt in a fire.
- Scanning documents - Scan every document into your computer. A great scanner is the Brother ADS-1700W for under $200 or the Fujitsu ScanSnap iX1500 for $400.
- Backups - Store and backup every file using Dropbox, Google Drive, OneDrive, or any other option that is easily searchable.
- PMS - Use a property management software to save everything from lease agreements, signed documents, violations, emails, notes, invoices, payments, reminders, maintenance requests, pictures, videos, and anything you can imagine. This is used best when you also scan every document into your software.
2. Evidence to show for not paying rent
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
- Your lease agreement - Showing the terms of the agreement, when rent is due, and any penalties for late payment.
- All payments - Showing all previous payments, how they were normally made (check, credit card, ACH, etc…), and what date they were normally paid on.
- Any payment returns - If their check bounced, their bank account had insufficient funds, or they did a chargeback dispute on their credit card, show this to the Judge. Also, show any fees your bank may have charged you, and any penalties you are owed according to your lease agreement in order to have these form part of the court case.
- All messages - If you sent your tenant automated or manual payment reminders by text, email, a letter, or mail, it’s important to show this. While it’s usually not needed, it’s still good to show that they were aware of the situation and were given time to cure and make payment. This is why it’s always best to have everything in writing instead of any phone calls or face-to-face meetings.
3. Evidence to show for lease violations
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
- Security Cameras - If you have a surveillance system that can show them committing the crime or lease violation, it’s safe to say you will normally win this dispute.
- Video - If you didn’t catch them in the act, a video of the damages or of the violation could also be enough.
- Pictures - They say a picture is worth a thousand words. In this case, a picture could be worth thousands of dollars! Even if you take a video, it’s important to show the Judge any pictures too as it’s usually easier to see by email or printed.
- Lease Terms - Once again, show the court which term they violated in their lease agreement. Don’t worry if you don’t have every single term spelled out in your rental agreement. If the violation is bad enough, it might not be needed to have it written. As a good practice though, start adding all of the potential reasons to evict a tenant into your agreement.
FAQs
How long does it take to evict a tenant in Oregon? ›
In cases where a landlord is entitled to give a no-cause eviction after the first year of tenancy, the notice requirement is generally 60 days, 90 days in Portland. A landlord in a month-to-month tenancy may also give you a 30-day eviction notice for cause.
What are the tenant laws in Oregon 2023? ›The rules governing Oregon's rent control legislation are straightforward. Landlords cannot raise tenants' rent in their first year of occupancy. After that, landlords may only increase rent by 7% plus the Consumer Price Index (CPI), West Region, published by the Bureau of Labor Statistics.
Can you be evicted in Oregon right now? ›Can you evict someone right now in Oregon? Yes. However, due to COVID-19, the tenant can write a declaration of their financial hardship for assistance in paying rent.
How long do you have to move out after eviction in Oregon? ›The notice is served on the tenant and gives the tenant four days, not counting the date it was served, to move from the premises. The landlord must make arrangements for service with either the sheriff's office or a private process server.
How much time does a landlord have to give a tenant to move out in Oregon? ›Notices to Terminate the Tenancy
To end a month-to-month tenancy during the first year of the tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days' notice and payment of relocation costs is required for no-cause terminations.
Comply With the Eviction Notice, If Possible
If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Oregon, the landlord must not proceed with the eviction (see Ore. Rev. Stat. §§ 90.392 and 90.394).
Starting Jan. 1, 2023, landlords in Oregon may legally increase rents by up to 14.6%. This year, the cap is 9.9% – marking a 4.7 percentage point jump from one year to the next. According to apartment rental company Zumper, the average rent as of Tuesday for a 1-bedroom residence in Portland is $1,500 per month.
What a landlord Cannot do in Oregon? ›A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs.
What is the rent increase law in Oregon for 2023? ›On September 13, the State of Oregon's Office of Economic Analysis announced the maximum rent increase rate for 2023 to be 14.6%. Passed in February of 2019, SB 608 set the maximum rent increase formula to be 7% plus the West Coast Consumer Price Index, which changes every year.
How many days notice must be given to evict? ›Both County Court and High Court bailiffs must give you the notice at least 14 days before they evict you.
How late can you be on rent before eviction? ›
How far behind on my rent can I get before eviction? The law varies depending on the type of tenancy agreement you have with your landlord. But, generally, it states that a tenant has to be 8 weeks behind on rent (if paying weekly) or two months behind (if paying monthly).
Is there an eviction ban in Oregon? ›Changes effective July 1, 2022
For renters who provided Documentation before July 1, 2022, the housing provider still may not: Deliver a termination notice for nonpayment; or. Initiate or continue an action for possession based on a termination notice for nonpayment.
If the tenant does not pay rent, then the landlord can go to court and file an eviction lawsuit against the tenant. 144 Hours' Notice to Pay Rent: On the fifth day after rent is due and owing, the landlord can instead give the tenant 144 hours' written notice to pay rent.
Can you appeal an eviction in Oregon? ›At or before the hearing, the landlord (plaintiff) and tenant (defendant) may make an agreement and file it with the judge; or the tenant (defendant) may file an Answer to dispute the eviction.
What happens if my tenant doesn't move out? ›If the court grants a possession order and tenants still don't leave, landlords must apply for a warrant for eviction – meaning bailiffs can remove tenants from the property.
What does a landlord need to do when a tenant moves out? ›❏ On the day the tenants move out, landlords should conduct a final inspection. Tasks include: Consult the inventory and record variances or discrepancies. Any missing or damaged items that are not considered as fair “wear and tear” should be deducted from their deposit.
What rights do long term tenants have? ›If the tenant has an ongoing contract or agreement with their original landlord, then they retain the right to live in the property when it changes hands. The tenant in situ also has the right to remain in the property until their tenancy reaches its natural end or they are evicted for good cause.
What are defenses to eviction in Oregon? ›The hardest eviction proceedings for tenants to win are those based on notices for no cause. In these cases, the tenant has only two possible defenses: retaliation or unlawful discrimination.
Can you delay an eviction notice? ›Bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you the notice at least 14 days before they evict you. You might be able to ask the court again to delay the date you'll need to leave - for example if you can now repay your arrears or you're going to be homeless.
How can I avoid eviction? ›- afford your monthly mortgage payment.
- pay off the arrears by the end of the mortgage term.
What is the rent cap for 2023? ›
The Government has said it will impose a 7% rent ceiling to social housing rent increases in the 2023-24 financial year as a temporary measure amid the cost of living crisis.
How many times a year can a landlord raise the rent in Oregon? ›Oregon now has rent control that limits rent increases for existing tenants. Rent cannot be increased during any 12-month period above the existing rent in an amount greater than 7% plus the consumer price index from the previous calendar year.
What is a 72 hour notice to vacate Oregon? ›(If you rent week-to-week, a 72-hour notice can be given if your rent is more than 4 days late). The landlord must give three more days for you to pay or move if the notice is mailed. If you pay, your money is due by 11:59 p.m. of the third day for a 72-hour notice or 11:59 p.m. of the sixth day for a 144-hour notice.
What are squatters rights in Oregon? ›Exclusive Possession
However, Oregon accepts "co-tenancy." If a squatter has been in continuous possession of a property for at least 20 uninterrupted years and has paid property taxes during that period, they gain ownership without resorting to adverse possession.
Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.
Can a tenant refuse entry to landlord in Oregon? ›You have the right to refuse entry after receiving a 24-hour notice. You may refuse entry by specifically alerting the landlord of your decision, or you may attach a written notice of refusal to the front of your apartment in a secure manner.
Can landlord increase rent every year? ›Annual rent increases
The rent can be raised every 12 months, but it must be in line with the RPZ rules. This means that when it comes to the time to increase the rent, if the current rate of inflation is 1.5%, your landlord may only increase the rent by up to 1.5%.
In Lagos State, there are no specific laws about how frequently your landlord can increase rent. This is because the laws regulating rent are complex and vary by region. In other words, there isn't a one-size-fits-all solution when it comes to this question.
What is Senate Bill 608 Oregon? ›Prohibits landlord from terminating month-to-month tenancy without cause after 12 months of occupancy.
How long does it take to evict a tenant through the courts? ›It could take between a few weeks and several months for your landlord to get the court order.
What is a no fault eviction? ›
Since the Housing Act 1988, private landlords have been able to use 'no-fault evictions' to repossess their properties, even if there has been no particular problem with the tenant. Also known as a 'Section 21 eviction', the right to repossess a property has given many landlords peace of mind.
What is a Section 21 eviction notice? ›In England, a Section 21 notice must give your tenants at least 2 months' notice to leave your property. You may need to give a longer notice period if you have a 'contractual' periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy.
What is a good reason to be late on rent? ›Examples include paying for a funeral of a distant relative, sending their teen to prom or paying other bills first. A common excuse is that the tenants had to use rent money for something for their children. Tenants often hope landlords will give them a break if kids are involved.
Did Oregon extend the eviction moratorium? ›Tenants must pay rent each month or risk eviction. SB 891 extends temporary “Safe Harbor” protections protecting renters from nonpayment eviction until a tenant's rent assistance application is no longer pending. All safe harbor protections expire on Sept. 30, 2022.
What the law says on eviction? ›Rental properties and all parties involved in lease agreements are subject to landlord–tenant laws. Landlords can't evict tenants without good cause. Reasons include nonpayment of rent, damages, illegal activity, violating the terms of a lease, or if the landlord wishes to take possession of the property.
How much does it cost to file an eviction in Oregon? ›Procedures: Provide the Court with the prepared Complaint and Summons (forms available from the Clerk) and 5 copies of the current notice if any on which you are basing your eviction. Pay filing fee of $88.00.
How long does an ejectment take in Oregon? ›Generally, an ejectment action may take at least six months to a year, depending on the nature of the legal issues, the parties involved, and the court docket.
Can a tenant appeal on a eviction notice? ›Speak to a lawyer about an appeal
If you feel that your eviction was unlawful, you should speak to a lawyer to get an opinion on making an appeal. Legal Aid and other law clinics are only likely to take your case if they think there is a good chance that you were unlawfully evicted.
The landlord must go to court to legally force you to move.
The landlord will file an eviction court case against you called an FED, forcible entry and detainer.
The Oregon 10-day notice to quit for non-compliance relays to a tenant that they have committed a second violation of their lease within six (6) months of receiving notice for a similar violation and have ten (10) days to move out.
How much notice do landlords have to give for eviction? ›
They don't have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
What are the new rental laws in Oregon? ›Starting Jan. 1, 2023, landlords in Oregon may legally increase rents by up to 14.6%. This year, the cap is 9.9% – marking a 4.7 percentage point jump from one year to the next. According to apartment rental company Zumper, the average rent as of Tuesday for a 1-bedroom residence in Portland is $1,500 per month.
Does Oregon have an eviction ban? ›The state-wide moratorium for termination notices for no cause expired on June 30, 2021. The state-wide moratorium for terminations based on nonpayment of rent ended on December 31, 2020 unless a tenant submitted a written declaration of financial hardship to their landlord.
What is a no cause eviction Oregon? ›“No cause eviction,” also known as “without cause eviction.” In this type of eviction, no reason or justification is cited. ”Just cause eviction,” also known as with “with cause eviction” or “for cause eviction.” In this type of eviction, the landlord cites the specific cause for which the tenants are being evicted.
What is a legal eviction notice in Oregon? ›The landlord can give you a 72-hour notice to pay rent or move after your rent is more than 7 days overdue. If your written rental agreement allows, your landlord may also give you a 144-hour notice to pay rent or move after your rent is more than 4 days overdue.
How long does an eviction stay on your record in Washington? ›Eviction filings go on your record permanently.
Once the landlord files the unlawful detainer lawsuit against you with the court, you will have the eviction on your record permanently, even if you are wrongly evicted or you win in court.
Minimum notice periods
1 month if your rent is due monthly. 4 weeks if your rent is due weekly.
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.