Outline of the Eviction Process in Oregon

1. Grounds for Eviction

• Legal reasons required (just-cause for tenancies over 1 year):
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault (e.g., owner occupancy, sale, renovations).
• Laws: Or. Rev. Stat. § 90.100 to § 90.735 (Residential Landlord and Tenant Act); § 105.105 to § 105.168 (Forcible Entry and Detainer).

2. Notice to Quit

• Written Notice to Quit or Cure served:
  • Non-payment: 72-hour notice to pay or vacate (14 days if mailed); 144-hour after first year.
  • Lease violation: 30-day notice to cure or vacate (14 days to cure); 10-day for non-curable or repeat violations.
  • Month-to-month (no-fault, within first year): 30-day notice.
  • Month-to-month (no-fault, after first year): 90-day notice with just cause.
  • Illegal activity: 24-hour notice to vacate (no cure).
  • Holdover: 30-day or 72-hour notice.
• Delivery: Hand-delivered, mailed (first-class, adds 3 days), or posted with mailed copy.
• Tenant can cure by paying rent (within 72/144 hours) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Residential Eviction Complaint in Circuit Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service, landlord registration (if applicable).
• Fee: ~$88–$150 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 72-hour notice).

4. Serving the Summons and Complaint

• Sheriff, process server, or competent person serves papers 7 days before first appearance (4 days if personally served).
• Methods: Personal delivery, substituted service (resident over 14), or posted and mailed.
• Tenant must appear within 7 days or file Answer.

5. Court Hearing

• First appearance 7–14 days after filing; full hearing within 14 days if contested.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Notice of Restitution if landlord wins (7 days to vacate).
• Appeal: 7 days to Court of Appeals (requires bond).
• Writ of Execution issued: ~7–10 days post-judgment (if tenant doesn’t vacate); sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Or. Rev. Stat. § 105.153.

8. Tenant Protections

• Rights:
  • Cure violations (72/144 hours for rent, 14 days for lease issues), just-cause after 1 year, relocation assistance for no-fault evictions.
  • Defenses (retaliation, discrimination, uninhabitable conditions), local rent control.
  • No self-help evictions (landlord penalties up to 2 months’ rent or twice damages).
• Resources:
  • Oregon Law Center (888-585-9638), oregonlawhelp.org, oregoncourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Or. Rev. Stat. § 90.100 to § 90.735, § 105.105 to § 105.168; oregoncourts.gov; oregonlawhelp.org.