Eviction Process in Oregon
If you are being evicted in the state of Oregon, you may not know how to proceed. Learning about the eviction process in Oregon can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Oregon and how long each step will take.
Your landlord must give you appropriate notice before beginning the eviction process in Oregon courts. In Oregon, your landlord is required to give you time to either move away from the premises or fix any breach of your lease that you have committed.
The eviction process in Oregon requires different notice times depending on why you are being evicted. If you have failed to pay rent and your rent is now more than 8 days late, your landlord can give you a 72 hour notice to leave or pay the rent. If you pay rent within the 72 hour notice period, your landlord must reinstate your tenancy according to the previous terms of your lease.
If you are being evicted for most breaches of leases (damage to property, unauthorized subletters), you will have a 30 day notice served about the violation. If you do not correct the problem in the first 14 days of this 30 day period, you must move by the end of 30 days or your landlord can pursue the eviction process in Oregon. The one exception to this is an unauthorized pet: your landlord only has to give you 10 days to re-home the pet or leave the premises.
Court Filings and Hearings
If the notice time elapses and you have not paid the past due rent or cured the breach of your lease, your landlord can commence the eviction process in Oregon courts. The eviction lawsuit is called a “forcible entry and detainer” suit.
Your landlord begins this suit by filing a complaint with the county clerk, and the eviction process in Oregon requires that you be served with a copy of this complaint (which will detail why you are being evicted) and the court's summons (which alert you to the time and date of your first court hearing).
Typically, you will have your first hearing one week after you receive the complaint and summons. You are not required to attend the hearing, but if you do not, your landlord will win automatically and will be able to take possession of your home. If you do appear in court, the judge will attempt to negotiate an agreement between you and your landlord.
A trial will only be held if you cannot come to some sort of agreement. The trial date will be 15 days after the initial hearing.
Notice of Restitution
If you do not appear in court or if your landlord wins the trial, you will be given a certain number of days (determined by the judge and landlord) to move out. If you do not move out in the amount of time given, you will be served with a notice of restitution. This notice gives you 4 days to leave or face forcible removal by the sheriff. Forcible eviction is the final step in the eviction process in Oregon, but tenants are given many opportunities to leave prior to being removed by the sheriff.