Oregon Eviction Notices
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 the tenant to carry out mandatory duties, material violation of the 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.
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.