Oregon’s eviction process is coupled with numerous legislation, so it’s important for both parties to the rental agreement to understand how to issue an eviction notice in the State of Oregon.
Understanding this part of the law will enable landlords to regain possession of the rental unit without facing any legal charges or penalties. It also helps tenants to be aware of their rights and those protected under the Oregon eviction laws.
In Oregon, there are also statewide rent control and tenant protection laws that regulate rent increases, termination without cause, and many more.
This article offers a detailed guide to navigating Oregon’s eviction laws and procedures, covering various types of eviction notices and their legal requirements.
Up-to-Date Eviction Laws in Oregon for 2024
An action for eviction in Oregon is called Forcible Entry and Detainer (FED). This, however, can only be used for a residential property, and can not be used for commercial spaces.
The primary legislation that governs the eviction process in Oregon is the Oregon Revised Statutes (ORS), particularly chapters 90 and 105.
However, there are other laws, procedures, judicial precedents, etc., that must be followed when it comes to landlord/tenant relationships. Some of these laws are; the Uniform Trial Court Rules (UTCR), Oregon Evidence Code (OEC), and Oregon Rules of Civil Procedure (ORCP)
Additionally, under Oregon eviction laws, the landlord can bring an action for repossession of the rental property. But where the landlord wants to gain monetary awards for rent or damages, then a separate civil suit will have to be filed.
Over time, the eviction laws in Oregon have been modified and repealed to fit the state of circumstances in the area. Both parties must understand these laws and seek the help of an attorney for guidance.
Types of Rental Agreements in Oregon
There are different types of rental agreements in Oregon. These are;- Standard Residential Lease Agreements: This is a legally binding agreement between the landlord and the tenant, detailing the terms and conditions of renting a residential property. In this case, the landlord has the responsibility of maintaining the rental property in a habitable condition, complying with the local housing and building codes, and may inspect the rental from time to time with proper notice. The landlord is also entitled to collect rent. The tenant, on the other hand, has the right to occupy the rental unit for the period agreed upon, pay rent, and comply with the terms in the lease agreements.
- Month-to-Month Leases: This is a tenancy agreement between the landlord and tenant. It typically runs on a monthly basis, without a fixed term. The tenancy agreement automatically renews itself every month, unless terminated by notice from either party. This type of agreement offers flexibility to the landlord and tenant.
- Sublease Agreements: This type of agreement allows a tenant (sublessor) to rent all or part of the rental property to another new tenant (sublessee). However, the primary tenant (sublessor) is still responsible for the property under the original lease agreement with the landlord. The sublessee is also subdued to certain rights and responsibilities outlined in the sublease agreement. The landlord must however consent to this arrangement before it can be perpetuated.
- Roommate Agreements: This is a voluntary agreement between two or more persons living together in a rental space. This arrangement outlines the rights and responsibilities of each party living together such as; rules for guests, division of house chores, rent payment, etc. Although this is not a legally enforceable contract between a landlord and tenant, it helps to foster a harmonious living relationship between the parties concerned.
- Commercial Leases: This is a legally binding contract used for the rental of a commercial space such as retail shops, offices, warehouses, or industrial facilities. Commercial lease agreements are complex documents and require careful negotiations and consideration by either party to the agreement. Additionally, there are different types of commercial agreements, these are;
-
- Gross Lease: For this lease, the tenant is obligated to pay a fixed amount of rent, and the landlord will be responsible for paying the operational costs.
- Net Lease: In this case, the tenant is liable to pay a base rent amount and other expenses such as maintenance costs, insurance, etc.
- Percentage Lease: In this case, the tenant pays a base rent plus a percentage of their gross sale. This is common in retail agreements, where the landlord shares part of the tenant’s income.
- Modified Gross Lease: This is a mix of the gross lease and a net lease agreement. Here, the tenant pays a base rent and some or all of the operating expenses which may be negotiated between both parties.
- Rent-to-Own Agreements: This is a contractual lease agreement that allows the tenant to rent a property, but with the option of purchasing it at a future date and at a predetermined price. In this case, the rent paid by the tenant will be awarded towards the purchase price of the property. As such, at the end of the lease term, the tenant will have the right to choose whether to purchase the property or not. The landlord has the right to enforce the terms of the lease agreement, as well as maintain the property in a habitable condition.
Grounds for Eviction in Oregon
There are various reasons why a landlord can commence an eviction process against a tenant in Oregon. Some of these reasons (grounds) are;
- Failure to Pay Rent:
Nonpayment of rent is one of the most common reasons to serve an eviction notice in Oregon.
In this State, rent is considered late when it remains unpaid a day after its due date. However, depending on the type of notice, the notice may only be served after a few days as passed.
Landlords can not commence an eviction proceeding where the tenant pays the due rent during the notice period or where the landlord is the cause of the tenant’s default in paying rent.
Also, under Oregon eviction laws, the tenant can make payment of the rent through a renter assistance provider, and the landlord is not allowed to reject it.
If a tenant defaults in payment of rent, the landlord shall on the fifth day of such default, deliver a 72 hour eviction notice under Oregon law. However, this is only applicable to weekly tenants.
For agreements other than weekly tenancies, the landlord must deliver a 10-day or 13-day eviction notice on the eighth or fifth day respectively.
After serving the notice, the tenant is required to either pay the due rent or leave the rental premises.
If the tenant fails to pay the rent or leave the rental unit before the end of the notice period, the landlord may proceed to file an action in court.
When evicting a tenant for nonpayment of rent, the landlord is required to include the Notice re: Eviction for Nonpayment of Rent form. Failure to do this may lead to a case dismissal.
- Violation of Lease Terms
Another reason for serving an Oregon eviction notice is when a tenant violates a term in the lease agreement.
Examples of some lease violations are;
- Damage to the rental property;
- Smoking where it is unauthorized on the premises;
- Allowing unauthorized persons in the rental;
- Unlawfully allowing a person to live in the rental property;
- Keeping pets where it is not allowed in the rental, etc.
The lease agreement may specify other terms that must be duly followed by the tenant. Where any of the terms are broken, it is a violation of the lease agreement, and therefore a ground for eviction.
Where any of the following occurs, the landlord must deliver a 30 day eviction notice under Oregon law. However, the tenant is allowed to cure the violation within 14 days of receiving the 30 day notice.
If the violation is not cured and the 30-day period has elapsed, the tenancy agreement is terminated.
- Health or Safety Violations
According to ORS § 90.325 (1), the tenant is under the duty to;
- Use all parts of the premises in a reasonable and conducive manner;
- Keep all areas of the premises clean, sanitary, and free from debris, filths, rodents, etc.
- Dispose of all rubbish or waste in a clean, safe, and legal manner;
- Properly use and keep all plumbing fixtures;
- Reasonably use all electrical, sanitary, elevators (if available), HVAC, facilities;
- Test and replace the batteries, at least every 6 months, all smoke detectors or alarms in the rental unit. Where faulty, notice in writing must be made to the landlord;
- Behave responsibly, without affecting the peaceful enjoyment of others.
Where any of the following occurs, the landlord must deliver a 30 day eviction notice under Oregon law. However, the tenant is allowed to cure the violation within 14 days of receiving the 30-day notice.
If the violation is not cured and the 30-day period elapses, the tenancy agreement is terminated.
However, if the violation is cured but such an act or a similar one is repeated within 6 months of the first violation, the landlord must serve a notice that is not less than 10 days but not earlier than the designated termination date of the first notice.
- Rental Property Damage/Repair
Under ORS § 90.427 (5), a landlord may also terminate a tenancy agreement if;
- The landlord intends to demolish the rental unit or covert it to something other than a residential place; or
- The landlord intends to repair or renovate substantial places in the rental unit;
And in such case, the rental unit will be unfit or unsafe for occupancy, the landlord must serve a 90-day eviction notice before the date of termination.
This provision also applies where the landlord wants to turn the rental property into a primary residence for him and his family. However, in this case, there mustn’t be an alternative for the landlord on the premises.
- Illegal Activity
Illegal activities are also grounds for commencing an eviction process in Oregon. Even so, they are grounds for serving an Oregon 24-hour eviction notice.
Under ORS § 90.396 (1), here are some examples of acts that are considered illegal or wrongful under the law;
- The tenant, his pet, or someone under the tenant’s control causes substantial personal injury to another person or neighbor living near the rental;
- The tenant, his pet, or someone under the tenant’s control endangers a person;
- The tenant, his pet, or someone under the tenant’s control intentionally causes substantial damages to the rental;
- The tenant intentionally provided substantial false information on the tenancy application, particularly where the information relates to a criminal conviction.
- The tenant, his pet, or someone under the tenant’s control commits an act that is outrageous in the extreme or something similar. Examples of acts outrageous in the extreme are; prostitution or commercial sexual solicitation, manufacture, delivery, or possession of a controlled substance, manufacture of a cannabinoid extract, a bias crime, burglary, etc.
In this case, the tenant has no right to cure the violation. In other words, after the landlord serves the 24-hour notice, the tenant can not invalidate the notice by attempting to remedy his acts.
However, where the act is due to the tenant’s pets, the eviction notice may be remedied by removing the pet from the rental premises before the end of the 24-hour notice period.
But where the tenant brings the dog back to the premises after curing the violation in the first notice, the landlord should serve another Oregon 24-hour eviction notice But in this case, it leads to immediate tenancy termination with no right to cure.
In the case of (iv) above, where the tenant uses false information in his/her tenancy application, the landlord may terminate the tenancy agreement within 30 days of discovering such falsity.
If the tenant fails to vacate the rental units, the landlord can file a lawsuit against the tenant.
- Physical Violence
In Oregon, a landlord can serve an eviction notice where a tenant engages in physical violence, particularly where that violence relates to domestic violence, sexual assault, bias crime, or stalking.
In this case, the landlord must serve a 24-hour eviction notice. Here, there’s no right to cure.
If the tenant remains in the rental premises after the 24-hour notice has been served, the landlord can bring an action to seek a court order for eviction.
- Non-Renewal of Lease
Under Oregon eviction laws, a landlord may also terminate a tenancy agreement where he/she intends not to renew the lease.
For example, the landlord can terminate a month-to-month tenancy agreement to avoid the automatic renewal of the lease.
More information on this will be discussed below.
Types of Oregon Eviction Notice Forms
An eviction notice in Oregon is a legal document that is used to evict a tenant under the law.
However, there are different types of eviction notices in Oregon. The eviction notice to be delivered to the tenant depends on the particular circumstances of the case.
Understanding this part of the law will assist landlords and tenants alike to be aware of their rights and avoid penalties or punishments.
The following are the different types of Oregon eviction notices;
72-Hour Notice to Pay Rent or Quit
In a week-to-week tenancy, a 72 hour eviction notice under Oregon law is served when a tenant fails to pay rent when due. The notice must be served no sooner than the fifth day after the rent becomes due.
In this case, the tenant can either pay the rent or vacate the rental premises within 3 days (72 hours).
Additionally, the notice must specify the amount of the unpaid rent and the date and time when the tenancy agreement will terminate if the rent remains unpaid.
If the tenant fails to vacate or pay the due rent before the 72-hour period expires, the landlord can bring an action in court.
10 or 13 Days’ Notice to Pay Rent or Quit
For every other tenancy apart from weekly ones, the landlord can serve a 10 or 13 day eviction notice for nonpayment of rent.
However, a 10-day notice must be served on the tenant no sooner than the eighth day after the rent becomes due. But a 13-day notice must be served no sooner than the fifth day after the rent becomes due.
In this case, the tenant can either pay the rent or vacate the rental premises within 10 or 13 days respectively.
Additionally, the notice must specify the amount of the unpaid rent and the date and time when the tenancy agreement will terminate if the rent remains unpaid.
If the tenant fails to vacate or pay the due rent before the notice period expires, the landlord can file an eviction lawsuit in court.
30-Day Notice to Cure or Vacate
Where a tenant violates the lease agreement or commits an act that affects the health and safety of others (as listed in the preceding section), the landlord can serve a 30 day eviction notice under Oregon law.
The notice must specify the acts and omission constituting the breach, possible remedy(ies) to fix the breach, and the date the tenancy agreement will terminate if nothing is done.
The designated date for the tenancy termination can be 30 days, but not less than that.
If the violation is curable, the tenant must fix the damage within 14 days, having received the 30-day notice.
If the violation is cured but the tenant repeats the same or similar act within six months, the landlord must serve a 10-day notice (the notice timeline must not be earlier than the designated termination date of the first notice).
This applies mainly to monthly and yearly tenancies.
7-Day Notice To Comply or Vacate
Unlike the above, if a week-to-week tenant commits a lease violation or does not look after the health and safety of others, the landlord can serve a 7-day eviction notice under Oregon law.
If the violation is curable, the tenant must cure it within 4 days. However, if the tenant fails to cure the violation or leave the rental premises, the landlord can file an eviction lawsuit in court.
Additionally, if the violation is repeated within 6 months of the first notice, the landlord will terminate the tenancy agreement within 4 days at least. – ORS § 90.392 (6)
10-Day Notice To Comply or Vacate
If a tenant possesses a pet that is capable of causing harm or damage to persons or property, the landlord can serve a 10-day eviction notice.
This notice must specify the violation and inform the tenant of the landlord’s intention to terminate the tenancy agreement unless the pet is removed from the premises.
If the pet is not removed before the 10-day notice expires, the tenancy agreement is terminated and the landlord will gain possession of the rental unit.
However, if the tenant removes the pet during the notice period, but brings the pet or a similar one within 6 months of curing the first notice, the tenancy agreement will be terminated outrightly.
Here, the landlord has to deliver a 10-day notice specifying the breach and the date of termination of the rental agreement.
24-Hour Notice To Quit
An Oregon 24-hour eviction notice is issued when a tenant commits illegal or wrongful acts, (examples of these sorts of acts have been comprehensively defined in the preceding section).
This notice must specify the acts and omissions constituting the acts, as well as, the date and time when the tenancy agreement will terminate.
This is an unconditional Oregon eviction notice, meaning the tenant has no right to cure.
48-Hour Notice To Comply or Vacate
According to ORS § 90.398, if a tenant of less than 2 years possesses or shares alcohol, marijuana, or other illegal substances without a medical prescription, the landlord can terminate the tenancy agreement with a 48-hour eviction notice.
In this case, the tenant has the right to cure the violation within 24 hours of receiving the notice.
The notice must specify the acts or omissions constituting the acts, and the date and time when the tenancy agreement will terminate.
If the tenant fails to cure the violation within 24 hours, the tenancy agreement will terminate.
24-Hour Notice To Vacate
In a case where the tenant repeatedly commits the same act that constitutes a drug or alcohol violation, the landlord can serve a 24 hour eviction notice under Oregon law.
After serving the first notice, if the tenant commits the same or similar violation within 6 months of the first notice, the landlord can terminate the tenancy agreement.
Here, there’s no room to cure the violation. – ORS § 90.398 (3)
90-Day Notice To Vacate
Where the rental property will be unsafe or unfit for occupancy due to renovation, repair, or other reasons, the landlord will serve the tenant a 90-day eviction notice. This applies to monthly and yearly tenants.
The notice must specify the reason for the tenancy termination coupled with supporting facts, as well as the date the tenancy will terminate.
Having served this notice, the landlord must also give the tenant an amount equal to one month’s periodic rent.
Eviction Notices without Cause
In Oregon, it’s important for the landlord to have a good cause to evict a legal tenant. However, there are occasions where the landlord can evict a tenant without cause (i.e., violation of the lease, nonpayment of rent, etc.)
Termination of lease agreements without cause depends on the duration of the lease. In essence, landlords can only evict a tenant without a cause during the first year of occupancy.
The first year of occupancy refers to one year or less.
For month-to-month tenancy, the landlord can serve a 30 day eviction notice under Oregon law to evict a tenant without cause. The notice must be served on the tenant 30 days before the designated termination date of the tenancy agreement.
If the landlord wants to evict a month-to-month tenant after the first year of occupancy, such landlord must have a cause or a qualifying reason (such as renovation, substantial repair, etc).
On the other hand, a landlord can evict a fixed-term tenancy during the first year of occupancy by serving a 30 day eviction notice under Oregon law.
The notice must be served 30 days before the specified ending date for fixed-term tenancy or the designated date in the notice, whichever is longer.
However, if the specified termination date falls after the first year of occupancy, the fixed-term tenancy becomes a monthly one after termination. The only way to avoid this is by notice, agreement, or a qualifying reason.
Eviction Process in Oregon: How to Evict a Tenant from Your Premises
Step 1: Landlord Issues an Eviction Notice
The first step to commencing an eviction process in Oregon is by serving an eviction notice to the tenant (s) in question. The notice must clearly state the reason for the eviction (e.g., nonpayment of rent, lease violation, etc).
The notice can be delivered by the landlord to the tenant through personal delivery or by first-class mail.
Where stated, the rental agreement can request that the notice should be sent via mail and another should be attached in a secured location in the tenant premises. The notice can also be sent by electronic mail where agreed by both parties. – ORS § 90.155
Additionally, service of notice for non-payment of rent can be made in the usual place for rent payment. – ORS § 90.394 (4) (b)
When counting time, DAY 1 is the day after the notice is received. If sent via mail, three more days should be added to the minimum time required by law.
Additionally, if the notice period is in hours, e.g., 24-hour eviction notice, then the counting time begins immediately after the notice is given. But a 72-hour notice begins at 11:59 am on the day the notice is served.
Step 2: Landlord Files an Eviction Lawsuit with the Court
After serving the Oregon eviction notice, if the tenant remains on the premises or fails to cure the default (where applicable) before the notice period elapses, the landlord can sue for possession in court.
In this case, the landlord can proceed to an Oregon Circuit Court or Oregon Justice of the Peace Court in the county where the rental property is situated to file a Residential Eviction Complaint.
If the case is for nonpayment of rent, the landlord must include the Notice re: Eviction for Nonpayment of Rent.
The landlord will be required to fill out the party’s personal information, contact information, county, court, and case number, rental address, etc.
Along with the complaint, the landlord must also give the court clerk the following documents;
- Three copies of the eviction notice, plus an additional copy for each additional adult tenant
- The address of the rental premises;
- A separate mailing address for the tenant, if the tenant does not receive mail at the rental;
- Filing fee, which costs $88.
Step 3: The Court Serves the Tenant the Summons and Complaint
Once the complaint is filed, the court will issue a Summon which must be served on the tenant before the end of the judicial day after the day the Complaint is filed. The summon officially informs the tenant about the lawsuit and also requests that the tenant make an appearance in court for the hearing. It also outlines the tenant’s rights and responsibilities during the Oregon eviction process.
The date of the hearing is typically 7 -14 days from the date of filing. It may be up to 15 days for certain claims for nonpayment of rent.
A copy of the Summons and Complaint can be delivered to the tenant through any of the following methods;
- Personal service by process server: This can be done by taking copies of the documents to the Sheriff or a private process server for delivery to the tenant. This is usually done at a small service charge.
- Personal service by Non-party: A competent person with no affiliate with the case can deliver the copies to the tenant. However, such a person must be 18 years of age or older, and must be a resident of Oregon or the state of the tenant.
Where any of the above methods is employed, the server must complete a Certificate of Service and deliver it to the clerk of the court.
- Posting: If the above methods can not be achieved, copies of the document can be posted at the main entrance of the tenant’s premises.
Step 4: Landlord and Tenant Attend Court Hearing and Receive Judgment
If the tenant leaves before the court hearing, the landlord can either request a judgment of money award for the cost of filing and service; or file for a case dismissal.
However, if the tenant appears in court, the judge will provide a mediator for both parties in order to see whether an agreement can be reached. However, the Mediator can not enforce a decision on either party.
Where no agreement is reached with the help of the mediator, the tenant must then file an answer to the court’s clerk (tenants can employ any of the defenses below).
After the answer has been filed, the court will set a date for trial.
Where the tenant fails to leave the premises, appear for the hearing, or reach an agreement with the landlord, the court can file a default judgment and award the cost to the tenant. This may however be influenced by the Servicemembers Civil Relief Act (50 U.S.C. 3901) and the landlord must also file a Declaration of Non-Military Service.
At the trial, both parties will present their claims backed with indisputable arguments and evidence. The burden of proof lies on the landlord to prove his claims against the tenant.
The landlord may employ any of the following documents during the trial; deed or lease agreement, proof of lease violation (pictures, videos, witnesses, etc.), proof of notice, etc.
The court will hear both sides and give a ruling. If the court rules in favor of the tenant (defendant), the case will be dismissed and the landlord will be liable to pay the tenants’ costs and lawyer fees.
But where the ruling is in favor of the landlord (plaintiff), the tenant will be ordered to move out of the premises and the tenant will have to pay the landlord’s costs and lawyer fees.
N.B: The Oregon Evidence Code (OEC) and Oregon Rules of Civil Procedure (ORCP) govern the court eviction process in Oregon.
Tenant Defenses and Legal Protections in Court
The tenant can rely on the following defenses against the landlord in an eviction claim.
- Self-Help Eviction: In Oregon, it is illegal for a landlord to physically force a tenant or perform any act to move the tenant out of the unit. Examples of such acts are; changing the locks of the premises, turning off utilities, disallowing access to property, etc. If the landlord is guilty of any of these acts, it can invalidate the entire eviction process. Even if the landlord wins the lawsuit, he can not resort to physically driving the tenant out of the premises. He must rather act through a law enforcement agency.
- Failure to receive proper notice: If the landlord fails to serve the proper notice to the tenant or did not wait long enough before filing the eviction lawsuit, it can invalidate the eviction process.
- Retaliation by landlord: If the tenant had exercised his/her legal rights, the landlord can not for such reasons bring an eviction claim against the tenant. Examples of these rights are; joining a tenant’s union, reporting a code violation, etc. Where a tenant does any of these similar acts, the landlord can not evict the tenant based on such grounds.
- Habitability issues: It is the responsibility of the landlord to maintain the rental property in a safe and habitable condition. The landlord is expected to make repairs on any damage not caused by the tenant. Where the landlord fails to fulfill this duty, the tenant may rely on such default as the reason for not paying rent. This is particularly where the tenant has expended money to fix any damage on their own.
- Discriminatory practices: It is illegal for a landlord to evict a tenant based on sex, religion, race, ethnicity, nationality, etc. Where proved, it can invalidate the eviction process entirely.
Step 5: Court Issues Notice of Restitution: Tenant Has 4 Days to Vacate Premises
According to ORS § 105.151(1), once the judgment is given in favor of the landlord, the court will issue a Notice of Restitution upon request by the landlord.
This is the final notice to the tenant to vacate the rental premises. This notice can be personally served or mailed to the tenant.
Once the notice is served on the tenant, it informs him/her to vacate the premises within 4 days. However, the landlord can request a longer period (more than 4 days) for the tenant to move out.
Step 6: Executing the Eviction: Tenant Faces Forced Removal After 4-Day Deadline
After the notice period has ended and the tenant still remains on the premises, the court’s clerk will issue a Writ of Execution of Judgment of Restitution.
This writ is directed to a law enforcement agency (Sheriff) to serve on the tenant.
This writ will allow the Sheriff to enforce the judgment and remove the tenant and all personal property from the premises. This also allows the landlord to regain possession of the renal property. – ORS § 105.151(2)
Eviction Notice by States
Choose the state where your rental property is located:
FAQs
Oregon eviction process can take from 14 to 56 days in total. However, the circumstances of the case can influence the eviction process.
The first step to commencing an eviction process is to serve an eviction notice under Oregon laws. After serving the notice, then filing a complaint in court, issuance of summons, hearing process, judgment, then execution of the writ.
Under Oregon eviction laws, the average cost to evict a tenant in a court is $391. However, this does not include legal fees and other post-eviction fees which may cost a thousand dollars.
Attorneys or legal representatives are important in any eviction proceeding. This will help the party effectively gain a higher advantage over the other party.
Illegal evictions refer to any act that is wrongful and unlawful under Oregon eviction laws. These refer to retaliatory evictions, self-help evictions, etc.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
You must be logged in to post a comment.