The Oregon thirty (30) day lease termination letter, in accordance with § 91.070, is the notice that must be given to month-to-month tenants before a landlord can terminate the lease agreement. The notice provides the tenant with 30 days to vacate the rental unit, and if the tenant fails to vacate within that time period, the landlord can file an eviction action in court. The notice can also be used by a tenant to notify their landlord of their intention to end the rental agreement and move out of the unit. Download Links: .PDF Format Word Format How to Write Step
Oregon Eviction Process & Laws | Free OR Eviction Notices
The Oregon thirty (30) day notice to comply or quit, as stated in § 90.322, is required to be served on a tenant who has committed a lease violation. The notice provides the tenant with 30 days to either cure (i.e. fix) the violation(s) or vacate the rental property. If the violation notice is being issued for the second time, the tenant will only have 10 days to cure the violation. If the tenant does not comply with the notice within the specified time period, the landlord can file an eviction action in court. Note: The notice should be served personally, however
The Oregon six (6) day notice to pay or quit, in regards to § 90.394, is required to be served on a tenant who has failed to pay rent (before the landlord can file an eviction action). The six (6) day (144 hour) notice provides the tenant with 6 days to pay the past due amount, or vacate the rental unit. At the end of the date specified on the notice, the lease agreement will terminate and the landlord will file an eviction lawsuit (Forcible Entry and Detainer). Note: The minimum notice period as required under Oregon State law is 72
The Oregon 24 hour notice to vacate, established by § 90.396 and § 90.398, can be served on a tenant who has committed a major criminal act (such as drug trafficking/manufacturing, prostitution, burglary, assault, etc.). The notice provides the tenant with 24 hours to vacate the rental property. If the tenant has not moved out of the property 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. The notice can be served personally or via certified mail. Download Link: .PDF Format (link opens in
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 tenancy that is going to be terminated.
Step 1 – Serve the tenant with the right kind of notice. A month-to-month tenancy can only be terminated after the landlord (or tenant) serves one another with a 30 day* termination notice. If a month-to-month tenant does not pay rent, the landlord can evict them with a 72 hour notice to pay/quit. If a tenant has committed some major form of criminal activity (drug manufacturing/trafficking, prostitution, burglary, assault, etc.) they can be evicted with a 24 hour notice to vacate. A 30 day notice to cure must be served on a tenant who has broken the lease/rental agreement (and the breach is “curable”). Tenants who have failed to pay rent must be served with (at the minimum) a 72 hour notice to pay/quit (this largely depends on the terms of the lease agreement and how late the rent is).
* In Portland, tenants/landlords must receive at least 60 days notice.
Step 2 – Notices can be served via personal delivery or through certified mail. If the lease/rental agreement is written (not verbal), other service methods may be used if they are explicitly stated within the agreement.
Step 3 – After waiting the entire notice period for the tenant to take action (pay rent/cure the violation, move out), the next step is to file an eviction lawsuit (known in Oregon as an FED – Forcible Entry and Detainer). After the FED has been filed, the tenant will be served with a copy of the Complaint and Summons by a Sheriff or private process server. The Summons will inform the tenant of the hearing date/time.
Note: The date of the hearing is typically no more than 7 days from the filing date.
Step 4 – Show up to court on the hearing date. The judge may request that a mediation session take place before an actual trial. If the mediation fails, the case will go to trial. On the date of the trial, bring all evidence and supporting documentation (payment history, lease agreement, etc.).
Note: If a trial is requested by the tenant, they must file a written “answer” on the hearing date. Both parties (landlord and tenant) must show up to court on the date of the hearing. Failure of either party to show up will most likely result in the judge dismissing the lawsuit.
Step 5 – If a judgement is made in favor of the landlord, the tenant will be required to move out of the rental unit within a certain period of time (and might be ordered to pay for the landlord’s legal fees). The landlord can also file a request for the Sheriff to serve the tenant with a four day notice to vacate. If the tenant fails to vacate within the four day period, the Sheriff will return and physically evict the tenant from the premises (while the landlord changes the locks of the unit).