Eviction in Oregon:

Oregon Eviction Laws

In the State of Oregon, the Landlord Tenant Laws, and the laws regarding Oregon Eviction are contained under Chapter 90 of the Oregon Revised Statutes, in what is called the Residential Landlord and Tenant Act. If you are a landlord in Oregon, it is important to read and become familiar with this law.

Oregon Eviction Notice

The first step in the Oregon Eviction Process is the landlord serving (delivering) the tenant with a proper Oregon Eviction Notice that fits their particular situation. Below are the different kinds of Eviction Notices in Oregon and when to use them:

• 72 Hour Non-Payment of Rent Notice - Non-Payment of rent is one of the most common reasons for eviction. In Oregon, a landlord can serve a 72 Hour Non-Payment of Rent Notice on the 8th day that the rent is due. This notice tells the tenant that they have 72 hours to pay the rent, or else they will be sued for eviction. This notice may NOT demand late fees, only the unpaid rent. Upon receiving this notice, many tenants will either pay the rent or move out immediately.

• 30 Day No Cause Notice - If the landlord wants to end a month-to-month tenancy (for any lawful reason), and the tenant has been there less than a year, the landlord needs to serve a 30 Day No Cause Notice. This tells the tenant that the tenancy will end on a certain date (30 days or more from the Notice), and that the tenant needs to vacate by that date or else they will face an eviction lawsuit.

• 60 Day No Cause Notice - If the landlord wants to end a month-to-month tenancy (for any lawful reason), and the tenant has been there a year or more, the landlord needs to serve a 60 Day No Cause Notice. This tells the tenant that the tenancy will end on a certain date (60 days or more from the Notice), and that the tenant needs to vacate by that date or else they will face an eviction lawsuit.

• 30 Day For Cause Notice - If the landlord needs to evict a tenant for violating the rental agreement (unauthorized vehicles, disturbing neighbors, etc.), the landlord needs to serve a 30 Day For Cause Notice. This tells the tenant that they have 14 days to correct their lease violation, and if they do not, their tenancy will terminate in 30 days, upon which they must have vacated or else they will face an eviction lawsuit.

• 10 Day For Cause Notice - If the landlord needs to evict a tenant for violating the rental agreement (unauthorized pets, disturbing neighbors, etc.), AND the tenant has already received a 30 Day Notice for Cause (see above) in the past six months for the exact same lease violation, the landlord only needs to serve a 10 Day For Cause Notice. This tells the tenant that they have 10 days to correct their lease violation, and if they do not, their tenancy will terminate in 10 days, upon which they must have vacated or else they will face an eviction lawsuit.

• 10 Day Pet Notice - If the tenant is keeping an unauthorized pet at the premises, the landlord can serve the tenant with a 10 Day Pet Notice. This notice states that the rental agreement will terminate in 10 days unless the animal is removed, and if it is not removed in the 10 days the tenant will be sued for eviction.

• 24 Hour Notice - If the landlord needs to evict the tenant because the tenant is committing violent acts, illegal activity, drug activity, dangerous conduct, or the tenant or tenant's pet has threatened or harmed somebody, the landlord only needs to serve a 24 Hour Notice, which gives the tenant 24 hours to vacate the premises or else be sued for eviction. This notice should be used only in very extreme and outrageous situations.

Serving the Notice

The Notice must be personally handed to the tenant, mailed to the tenant via regular first class mail (adding 3 extra days to the notice to account for mailing time), or posted on the premises AND mailed. It is highly recommended that the landlord serve the notice with a witness to prove it was served. The landlord should keep in mind that they will have to prove this notice was properly served.

Forcible Entry and Detainer

What if the landlord has served the proper notice, waited out the notice period, but the tenant is still in possession of the property? The landlord must now go to court and sue the tenant. The landlord can go to justice court, small claims court, or circuit court for the jurisdiction where their property is located. The landlord should go to the clerks office and ask to file a "Forcible Entry and Detainer" lawsuit. The clerk will have a Complaint form for the landlord to fill out. There will be a filing fee. The clerk will issue a Summons that says when the First Appearance Court date will be held. It will be held 7 days after the tenant receives the Summons and Complaint form. The court clerk will have the tenant served, usually by posting and mailing.

First Appearance in Court

The landlord must show up to the first appearance in order to win. If either party does not show up, the party that does show will likely win. If the tenant does not show, the judge can order possession of the premises to the landlord. If both parties show up, they will be persuaded to see if there is a way to work out the dispute. If there is not a way to work it out, then a trial date will be set no later than 15 days from this First Appearance.

Trial

The trial is where both sides have an opportunity to speak and present evidence to the judge. Either party can also demand a jury. It is recommended that the landlord bring all evidence needed to persuade the judge to rule in his/her favor. Examples include a copy of the lease, a copy of the eviction notice, documents, rent receipts, NSF checks, photographs, witnesses, etc. After hearing both sides, the judge will make a ruling. If the judge rules for the landlord, the judge will order the tenant to vacate the property by a certain date.

Notice of Restitution

If the tenant has not vacated the premises by the date ordered by the judge, the landlord must go back to the court clerk and request a "Notice of Restitution". The Sheriff will then be directed to post this Notice of Restitution on the property, which gives the tenant 4 days to leave. If the tenant is not out at the end of the 4 days, then the Sheriff will meet the landlord at the property, remove the tenants, and allow the landlord to change the locks. The landlord will have to give the tenant a few days to retrieve their belongings. During this process, the landlord should follow all the Sheriff's directions very carefully.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.