Oregon Eviction Laws and eviction Process

A reference of Oregon Eviction Laws, and steps of the Oregon eviction process for landlords and renters, updated 2021. 

• What are the reasons that landlords can evict tenants under Oregon eviction laws?
  • Nonpayment of rent (Ore. Rev. Sat. § 90.394(2))
  • Unconditional notice to quit (Ore. Rev. Sat. § 90.396)
  • Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Ore. Rev. Sat. § 90.392(2))

• What notice do Oregon eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent, the landlord must provide a 3-day notice if the tenancy is week-to-week or the eighth day of the rental period. Otherwise, the landlord must provide a 6-day notice no sooner than the fifth day of the rental period. (Ore. Rev. Sat. § 90.394(2)).
  • The landlord must provide 24-hours’ notice if the eviction is due to any of the following:
  • The tenant, a person in the tenant’s control, or the tenant’s pet seriously threatens to inflict substantial personal injury or does inflict such injury to someone else on the premises
  • The tenant or someone in the tenant’s control recklessly endangers another person on the premises by creating a serious risk of substantial personal injury
  • The tenant, a person in the tenant’s control, or the tenant’s pet inflicts substantial personal injury on a neighbor living immediately nearby
  • The tenant, a person in the tenant’s control, or the tenant’s pet inflicts substantial damage to the property on more than one occasion
  • The tenant provided substantial false information on the application within the past year
  •  The tenant, a person in the tenant’s control, or a pet acts “outrageous in the extreme” on the property or in its immediate vicinity. (Ore. Rev. Sat. § 90.396).

• Do Oregon eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
  • No. Oregon law prohibits self-help measures, and a tenant can recover twice the monthly rent or twice the amount of damages, whichever is greater. (Ore. Rev. Sat. § 90.375)

Oregon Eviction Process: Step-by-Step

The eviction process in Oregon involves the following steps:

1. Landlord serves the eviction notice.  The landlord must serve the appropriate type of eviction notice on the tenant. The notice must be served on the tenant via certified mail or by posting it at the rental property. 

2. Landlord files for eviction. The landlord begins the judicial eviction process in Oregon by filing a Complaint and Summons with the court. The court sets a hearing date.

3. Landlord serves the tenant. The landlord must personally serve the tenant via the sheriff or a private process server. 

4. Tenant responds to the complaint. The tenant can file a written answer to respond to the complaint.

5. Parties attend the eviction hearing. The parties attend the hearing and present their case. The court rules in favor of one of them. If the court rules in favor of the landlord, it issues a written residential eviction general judgment.

6. Landlord seeks a notice of restitution. If the tenant refuses to move out after the landlord obtains a judgment, the landlord can seek a notice of restitution from the court, which gives the sheriff the right to forcibly remove the tenant. The court can also issue a writ of execution for any money the tenant owes the landlord.