Outline of the eviction process in Oregon

Oregon residential evictions run on two statutes. The Residential Landlord and Tenant Act (ORS chapter 90) governs ending a tenancy. The forcible entry and detainer (FED) procedure in ORS 105.105 to 105.168 governs the court case, filed in the circuit court, or before a justice of the peace, in the county where the property sits (ORS 105.110). After a tenant’s first year of occupancy a landlord needs either a tenant cause or one of a short list of qualifying landlord reasons, and rent increases are capped statewide.

The nonpayment rules changed in 2023 and remain in force: ordinary tenancies now get a 10-day or 13-day notice, every nonpayment notice and summons must carry a court-published rental assistance notice, and a tenant who pays what the notice demanded gets the case dismissed (ORS 90.394, 90.395).

1. Grounds

First year of occupancy. A landlord may end a month-to-month tenancy without stating a reason on at least 30 days’ written notice, and may end a fixed term that expires within the first year on at least 30 days’ notice (ORS 90.427(3)(b), (4)(b)).

After the first year. The landlord may terminate only for a tenant cause or for a qualifying landlord reason, and a fixed term that ends after the first year rolls into a month-to-month tenancy unless the parties sign a new term, the tenant gives notice, or the landlord has a qualifying reason (ORS 90.427(3)(c), (4)(c)). The qualifying reasons are demolition or conversion to non-residential use; repairs or renovations that make the unit unsafe or unfit to occupy; move-in by the landlord or an immediate family member as a primary residence, where the landlord has no comparable unit available in the same building; and an accepted offer to buy the unit, separately from any other unit, from a buyer who intends in good faith to live in it as a primary residence, where the landlord provides written evidence of the offer with the notice (ORS 90.427(5)(a)(D)).

Rent increases. None in the first year, no more than one in any 12 months, at least 90 days’ written notice, and no more than the annual cap: the lesser of 10 percent or 7 percent plus a West Region CPI figure (ORS 90.323, 90.324). The Department of Administrative Services publishes the figure each year; for 2026 it is 9.5 percent, and for 2027 it is 10 percent, the most the law allows. Newer units (first certificate of occupancy less than 15 years old) are exempt. An unlawful increase costs three months’ rent plus actual damages.

2. Notices

• Nonpayment of rent (ORS 90.394). For any tenancy other than week-to-week, either a 10-day notice given no sooner than the eighth day of the rental period, or a 13-day notice given no sooner than the fifth day, counting the day rent is due as day one. Week-to-week tenancies use a 72-hour notice. The notice must state the amount of rent to be paid and the date and time by which it must be paid.
• Rental assistance notice (ORS 90.395). Every termination notice for nonpayment must be delivered with a copy of the notice the Judicial Department publishes under ORS 105.136. If you leave it out, the court must dismiss the case.
• New-parent trial delay (Oregon Laws 2025 chapter 598, repealed September 28, 2027). In a nonpayment case, a tenant who is the parent of a child under 12 months old and approved for certain Medicaid housing supports may move, at least three judicial days before trial, to have the trial reset 90 to 104 days out.
• Other violations (ORS 90.392). The notice must specify the acts or omissions, set a termination date not less than 30 days after delivery and, if the violation can be cured, say so, describe at least one way to cure and give a cure date at least 14 days after delivery. For substantially the same violation within six months of a prior notice, a 10-day notice with no right to cure is allowed, but not where the only violation is failure to pay the current month’s rent.
• Serious misconduct (ORS 90.396). At least 24 hours’ written notice stating the acts and the date and time of termination, for conduct such as inflicting or seriously threatening substantial personal injury, intentional substantial damage, or an act “outrageous in the extreme” such as drug manufacture or delivery. There is no right to cure, except by removing a pet that caused the notice.
• Qualifying landlord reason (ORS 90.427(5), (6)). At least 90 days’ written notice stating the reason and supporting facts. A landlord with an ownership interest in more than four rental units must also pay the tenant one month’s rent when the notice is delivered. A violation costs three months’ rent plus damages and is a defense to eviction (ORS 90.427(9)).
• Sale to an owner-occupant, 60 days. Since 2025 the landlord may give 60 days’ notice instead of 90 by providing written evidence of the accepted offer and paying the tenant one month’s rent with the notice, in addition to any payment owed under subsection (6) (ORS 90.427(5)(b)). The City of Portland says this does not apply there.
• Federally backed or subsidized properties may also be subject to the federal CARES Act 30-day notice; confirm before relying on a shorter state notice.

Service (ORS 90.155). Personal delivery to the tenant, or first class mail. Posting on the door is valid only together with first class mail, and only if the written rental agreement allows mail-and-attachment service for both landlord and tenant. E-mail requires a written addendum and a mailed copy. If you serve by mail alone, the period is extended by three days and the notice must include the extension.

Counting time (ORS 90.160). Days are consecutive calendar days, not counting the day of service and running to 11:59 p.m. on the last day.

3. Filing

File the complaint in the statutory form and attach a copy of the notice you rely on (ORS 105.124). You may not file until the notice period or fixed term has expired (ORS 105.115(2)). The statutory filing fee is $88, plus other fees authorized by law, and a tenant demanding a trial also pays $88 (ORS 105.130).

Who may appear. In person, through an attorney, or in a chapter 90 case through a nonattorney who is an agent or employee of the plaintiff, or of the plaintiff’s agent (ORS 105.130(4)).

4. Summons, service and first appearance

The clerk sets the first appearance: seven days after the judicial day following payment of the filing fee, or 15 days for a claim based on nonpayment, and may delay it by up to seven more days (ORS 105.135(2)). By the end of the next judicial day the clerk mails the summons and complaint to the premises and a process server delivers them there personally or, if the tenant is not available, attaches them to the main entrance (ORS 105.135(3)). In a nonpayment case the rental assistance notice goes with the summons.

The tenant files nothing before the first appearance. If the landlord appears and the tenant does not, the court enters a default judgment for possession on the landlord’s sworn testimony or declaration about possession. If the tenant appears and the landlord does not, the case is dismissed with costs (ORS 105.137(1), (2)). If both appear and do not settle, an unrepresented tenant files a short form answer that day and the court sets a trial: 15 to 30 days out for nonpayment, within 15 days for any other claim (ORS 105.137(6), (8)).

5. Judgment, pay-and-stay and appeal

Payment ends a nonpayment case. The court must dismiss if the tenant has tendered rental assistance or any other payment covering the amount owed under the termination notice, or if the landlord caused the nonpayment, for example by not cooperating with a rental assistance program (ORS 90.395(3)). Where payment came after filing, the tenant gets no prevailing party fees, costs or attorney fees, and the landlord may charge the tenant the filing fee (ORS 90.395(4), (5)). If the landlord wins, the court enters a general judgment of restitution with costs (ORS 105.145(1)).

Appeal. A notice of appeal from a circuit court judgment must be served and filed within 30 days after entry (ORS 19.255(1)). To stay a judgment for possession the tenant must file a supersedeas undertaking promising not to commit waste and to pay the value of use and occupancy if the judgment is affirmed (ORS 19.335(2)).

6. Notice of restitution, the writ and the lockout

A judgment of restitution can be enforced in only one way (ORS 105.151). First, the clerk issues a notice of restitution giving the tenant four days to move out, mailed and served at the premises by the sheriff or a process server (ORS 105.158). The four days start at 12:01 a.m. on the day after mailing and service and count weekends and holidays, but if the fourth day is a Saturday, Sunday or legal holiday the period ends at 11:59 p.m. on the day before the next judicial day (ORS 105.159(1)). Second, the clerk issues a writ of execution, and only the sheriff enforces it, removing the tenant and returning possession to the landlord (ORS 105.161).

Unless the judgment says otherwise, the clerk may not issue a notice of restitution or a writ more than 60 days after the judgment or the possession date in it, whichever is later (ORS 105.159(3)). A writ not enforced within 30 days of issuance expires unless the court extends it on the sheriff’s showing of good cause, and a judgment may not be enforced if the parties have signed a new rental agreement or the landlord has accepted rent for a period after the judgment (ORS 105.161(3), (4)).

Tenant property. After the lockout the landlord must store and dispose of what is left under ORS 90.425 (ORS 105.161(1)(d), 105.165). That requires a written notice, giving the tenant not less than five days after personal delivery or eight days after mailing to contact you, then 15 days after the tenant responds to collect the property by appointment. If the tenant does not respond or does not collect the property in time, goods with a fair market value of $1,000 or less may be disposed of without a public sale, provided the notice said so. Refusing to let the tenant recover property costs twice the actual damages or twice the monthly rent, whichever is greater (ORS 105.165(4)).

Self-help. A landlord who unlawfully removes or excludes a tenant, seriously threatens to, or willfully interrupts heat, water, electricity or another essential service is liable for up to two months’ rent or twice the actual damages, whichever is greater (ORS 90.375). Retaliation carries the same remedies and is a defense to possession (ORS 90.385).

7. Portland

Portland City Code 30.01.085 requires at least 90 days’ written notice of a termination or rent increase. The Portland Housing Bureau lists these triggers for relocation assistance: a no-cause termination, a non-renewal of a fixed term, a qualifying landlord reason termination, a rent increase of 10 percent or more over 12 months, and a substantial change of lease terms. Amounts run from $2,900 for a studio to $4,500 for three or more bedrooms, with exemptions. Check local codes elsewhere.

Recent law changes landlords should know

• 60-day sale notice (SB 586, Oregon Laws 2025 chapter 291, effective September 26, 2025): ORS 90.427(5)(b).
• Squatter evictions (HB 3522, Oregon Laws 2025 chapter 356, effective January 1, 2026): under new ORS 91.140 an owner or landlord may use the FED process against a squatter after 24 hours’ written notice.
• Tenant exit after a landlord-reason notice (HB 2134, Oregon Laws 2025 chapter 115). Effective January 1, 2026. For fixed-term agreements entered on or after that date, a tenant who receives an ORS 90.427(5) notice may leave on 30 days’ written notice without an early termination fee.
• Rent payment methods, effective June 5, 2026 (SB 1523, Oregon Laws 2026 chapter 23). A landlord must allow payment by check or another commercially reasonable method and may not require payment by card, electronic check, tenant portal or other electronic method. A landlord may not charge a late fee or terminate for nonpayment if it refused a payment offered this way.
• Tenant confidential information, effective June 5, 2026 (HB 4123, Oregon Laws 2026 chapter 61). A landlord may not disclose a tenant’s or applicant’s confidential information, such as Social Security number, date of birth, immigration status or financial records, except in listed circumstances; a knowing violation costs twice the monthly rent per person.
• 2026 session otherwise. No enacted 2026 bill was found that changes eviction notice periods or FED procedure. HB 4120 (nonsmoking conversions) also passed and was not reviewed here.

What actually goes wrong

• Using a 72-hour or 144-hour nonpayment notice from an old form for a month-to-month or fixed-term tenancy (72 hours now applies only to week-to-week tenancies), or serving the 10-day notice before the eighth day of the rental period.
• Leaving out the ORS 105.136 rental assistance notice with the termination notice or the summons. Dismissal is mandatory.
• Posting a notice without mailing it, or without a lease clause allowing mail-and-attachment service both ways.
• Giving a no-cause notice after the first year of occupancy, or a landlord-reason notice without the supporting facts or the one month’s rent.
• Sitting on a judgment. The 60-day and 30-day limits are short, and accepting rent for a period after the judgment bars enforcement.

When to bring in an attorney

A landlord or manager using current forms can often handle an uncontested nonpayment case. Use counsel for landlord-reason terminations, 24-hour notices, Portland relocation questions, subsidized housing, represented tenants, retaliation or repair defenses, and appeals. The Oregon attorneys listed below represent landlords in eviction cases.

Sources

• ORS chapter 90 (2025 edition): ORS 90.155, 90.160, 90.323, 90.324, 90.375, 90.385, 90.392, 90.394, 90.395, 90.396, 90.425 and 90.427.
• ORS 105.110, 105.115, 105.124, 105.130, 105.135, 105.137, 105.145, 105.151, 105.158, 105.159, 105.161 and 105.165; ORS 91.140; ORS 19.255 and 19.335; ORS 171.022.
• Enrolled SB 586, HB 3522 and HB 2134 (2025).
• Oregon Judicial Department, Residential Eviction Information for Landlords (January 2026).
• Oregon Department of Administrative Services, rent stabilization page.
• Oregon Real Estate Agency, 2026 Legislative Update.
• Portland Housing Bureau: Renter Relocation Assistance (Portland City Code 30.01.085) and Landlord-Tenant Policy Changes.

This guide is general information about Oregon eviction procedure and is not legal advice. Statutes, court forms and local ordinances change. Confirm the current text before relying on any deadline or amount.