The Oregon 24 hour notice to vacate can be served on a tenant who has committed a criminal act, an extremely outrageous act (see statutes) or has caused substantial damage to the rented property. The notice provides the tenant with 24 hours to vacate the rental property. Failure to vacate the premises after the 24-hour period, the landlord can file an eviction lawsuit (Forcible Entry and Detainer Action) in court, suing the tenant for possession of the rental unit. This notice can also be used in situations where an unauthorized individual has taken possession of the premises. Laws – § 90.396, § 90.398, §
Oregon Eviction Notices – 1, 3, 6, 10, 30, 60 and 180 Day Notices to Quit
Oregon eviction notices are served upon a tenant by their landlord when the tenant has violated some part of their rental agreement. Most often this violation is due to the tenant’s failure to pay rent. However, a landlord has the right to terminate the rental agreement for other reasons such as failure of tenant to carry out mandatory duties, material violation of rental agreement, or engaging in dangerous activities on the premises. The tenant must be provided with a reason for the notice and will be given a period of time to either cure the transgression or vacate the premises depending on the violation and the lease agreement (1-year term, month-to-month, week-to-week, etc.). Failure of the tenant to comply with the demands set forth in an eviction notice will result in the landlord filing an eviction case, or FED (Forcible Entry and Detainer), with the court in the county in which the rented property is located.
Non-Payment of Rent – 3 or 6 days (§ 90.394)
Unpermitted Pet – 10 Days (§ 90.405)
Non-Compliance – 30 days (10-day/20-day for repeat violation) (§ 90.392)
Lease Termination (Month-to-Month Tenancy) – 30/60 days (§ 90.427)
Deterioration/Disrepair (Manufactured/Floating Home) – 30/60 days (§ 90.632)
Lease Termination (Month-to-Month Tenancy of Manufactured/Floating Home) – 180 Days (§ 90.429)
The Oregon three (3) day notice to pay or quit is served on a tenant by their landlord when they fail to pay rent on time. A notice to pay or quit comes in two forms: 3-day (72 hours) and 6-day (144 hours) notices. In regards to month-to-month tenancies, either form can be used. However, a 3-day notice can be given to a tenant only after eight (8) days have passed since the day rent was due (including the payment date). If the tenancy is week-to-week, the 3-day notice should be used but can be delivered five (5) days after
The Oregon six (6) day notice to pay or quit, much like the 3-day notice to pay or quit, is a form served on a tenant who has failed to pay rent. However, a landlord can serve a 6-day notice after the fifth day past the payment date. (3-day notices can only be served after the eighth day rent is due.) This means the notice is served quicker but gives the tenant longer to come up with the rent or vacate the property. A tenant that fails to leave or pay rent could be brought to court by the landlord. The
The Oregon ten (10) day notice to cure or quit is specifically used when a landlord feels their tenant violated the lease agreement by keeping an unpermitted pet on the premises. An unpermitted pet is an animal capable of causing personal injury or property damage due to the nature, size, habitat requirements or behavioral characteristics of their breed or species. The tenant, having been served this type of notice, must remove the pet from the property or risk termination of tenancy. Not complying with this law will result in the landlord filing an official eviction lawsuit. Laws – § 90.405
The Oregon thirty (30) day notice to comply or quit is a warning issued by a landlord to a tenant who has violated their lease agreement. The notice gives the tenant thirty (30) days to cure the violation or vacate the rental property. The landlord must specify what violations were committed and provide ample time to fix the situation. A tenant who has committed a similar violation within six (6) months of curing the prior violation, they will only be provided ten (10) days to cure the violation. Tenants living in a manufactured dwelling or floating home in accordance with
The Oregon thirty (30)/sixty (60) day lease termination letter is a type of eviction notice produced by a landlord or a tenant advising the other that they wish to terminate their month-to-month lease agreement. A month-to-month tenancy can be terminated without cause (no specific violation occurred). If a tenant has lived on the property for less than a year, the landlord need only provide a thirty (30) day notice. However, tenants who have been on the lease for more than a year are entitled to a sixty (60) day notice period. A landlord completing this form must be sure to
The Oregon thirty (30)/sixty (60) day termination and removal notice is a form used by a landlord who decides to terminate a manufactured/floating home tenancy due to disrepair and/or deterioration of the exterior of the unit. It is in the landlord’s right to demand that the tenant of said property correct the issues stated within the notice in the established period of time or risk termination of the lease and removal of the property. Deterioration deemed by the landlord to create a risk to other persons or dwellings within the facility must be dealt with by the tenant no later
The Oregon one hundred and eighty (180) day lease termination letter can be used by landlord’s to notify tenant’s of their wishes to vacate the rented space. This form is only applicable to manufactured dwellings and floating homes otherwise not covered by § 90.505 – § 90.850 (i.e., the rented space is not in a facility). The landlord is not required to give the tenant reasoning behind the eviction, and if they do provide reasoning, the tenant has no right to cure. If a landlord chooses to state reasons for termination, they will not be compelled to provide proof of
How to Evict a Tenant (Process)
If a landlord wishes to evict a tenant, they must serve the tenant with a written notice before filing an eviction lawsuit. “Self-help”evictions are illegal in Oregon. There are specific legal requirements regarding which type of notice must be served on the tenant. The requirements depend on the type of dwelling, the type of tenancy and the cause of eviction.
Step 1 – Select Appropriate Notice
Depending on the type of tenancy and the reason for eviction, a landlord must select the appropriate eviction notice to serve on their tenant.
24-Hour Notice – Reserved for situations involving criminal activity, extremely outrageous acts, substantial damage or drug/alcohol program violation (includes manufactured dwellings/floating homes).
3-Day or 6-Day Notice – Non-payment of rent (includes manufactured dwellings/floating homes). The landlord must give tenant 4 days to pay the current month’s rent before serving the 6-day notice. Alternatively, the landlord can allow the tenant 7 days to pay rent before serving a 3-day eviction notice.
10-Day Notice – Tenant violates lease agreement by keeping a pet capable of cause damage to the property or another person/animal.
30-Day Notice – Month-to-month with cause (includes manufactured dwellings/floating homes). Tenant is given the opportunity to cure the violation/late payment. If this is a repeat violation, the tenant only has ten (10) days (20 days for manufactured dwellings/floating homes) to vacate the premises and their right to cure is waived.
30-Day or 60-Day Notice – Month-to-month without cause (i.e., no violation occurred). 30 days notice if the tenant has lived in dwelling less than a year, 60 days notice if they have lived there for over a year.
30-Day or 60-Day Notice – Termination of month-to-month tenancy of a manufactured dwelling or floating home (subject to § 90.505- 90.850) due to deterioration or disrepair of exterior of the dwelling.
180-Day Notice – Month-to-month without cause. A landlord can terminate tenancy of a manufactured dwelling or floating home (not covered by § 90.505 – 90.850, i.e., dwelling is not in a facility) if no violation occurred as long as one-hundred-and-eighty (180) days notice is provided.
Step 2 – Serve Notice
According to ORS § 90.155, eviction notices must be served in-person, by first-class mail or attached to the main entrance of the tenant’s rented property (last option requires landlord to mail a copy of the written notice). Other methods of service may be used as long as they are specifically stated in the lease agreement, however, this is in addition to one of the aforementioned delivery options. Notices served by mail will extend the date if compliance/termination by three (3) days.
Step 3 – Proceed With Eviction (If Necessary)
If the tenant has not complied with the demands set forth in the landlord’s notice (i.e., vacated the premises or cured the violation), the landlord has the right to file an eviction lawsuit, or Forcible Entry and Detainer. This process begins by completing a Residential Eviction Complaint Form and a Residential Eviction Summons Form. Three (3) copies of the eviction notice must be attached to the Complaint*. File all forms with the county court in which the leased property is located. The court clerk will ask for the $83 filing fee and will set a court date.
*One (1) extra copy of the eviction notice must be attached for each additional adult tenant on the lease agreement.
Step 4 – Serve Summons
The tenant must receive a copy of the Summons to be made aware of the eviction lawsuit and hearing date. Serving the Summons can be accomplished by hiring the sheriff’s office or a private process server to serve the tenant (both will require a small fee). Alternatively, the landlord can select an eligible person (competent individual at least eighteen (18) years or older) to service the tenant. This person must be a resident of Oregon and cannot be party to the case or an employee of the defendant. If the tenant cannot be served personally, the server should post the Summons on the main entrance of the tenant’s dwelling. A Certificate of Service (example of general certificate of service) must be completed by whoever serves the tenant once service has been achieved.
Step 5 – Attend Initial Hearing
Both the landlord (plaintiff) and tenant (defendant) must appear in court on the appointed date. If the tenant fails to appear, the judge will rule in the landlord’s favor and will ask the tenant to vacate the property and pay the landlord’s court fees. If the landlord fails to appear, the case will most likely be dismissed. If both parties appear, the judge will insist that they come to an agreement. If an agreement is not made, the case will go to trial.
Step 6 – Attend Trial (If Applicable)
A trial may be necessary if an agreement was not reached at the initial court hearing. At the trial, the plaintiff and defendant will be given the opportunity to plead their case before the judge. It is ultimately the judge’s decision and they will pass “judgment” once they have heard all the testimony and evidence. A case ruled in the landlord’s favor will result in the tenant having to vacate the premises. If the tenant does not move out willingly, the landlord can have the Sheriff remove the tenant from the property by any means necessary.