Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days or 6 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
| Drug and Alcohol-Free Housing Violation | 48 Hours | Maybe |
| Illegal Activity | 24 Hours | No |
In Oregon, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant either a 3 or 6 days’ notice to quit depending on how many days it has been since rent was due. [1]
After 5 days have passed since rent was due, the landlord can give the tenant a 6-days’ notice to pay rent or vacate the premises.After 8 days, the landlord can then give the tenant a 3-days’ notice.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Oregon 4 days after the initial due date. [2]
If rent is due on May 1st, it will be considered late starting on May 5th, unless the lease specifically states there is a grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
In Oregon, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant” ) . To do so, they must first terminate the tenancy by giving a proper 30-days’ notice to move out. [3]
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
In Oregon, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Oregon landlord-tenant law. To do so, Oregon landlords must provide tenants with a 30 days’ notice to fix the issue or move out. [4]
If the tenant does not fix the issue within 14 days, the tenant will need to move out of the rental unit within 30 days of the notice to avoid an eviction lawsuit.
Landlords must provide week-to-week tenants with a 7 days’ notice to fix the issue or move out. [4] If the tenant does not fix the issue within 4 days, they will need to move out of the rental unit within 7 days of the notice to avoid an eviction lawsuit.
Examples of lease violations:
In Oregon, a landlord can evict a tenant if they are living in a drug and alcohol-free housing and the tenant uses, possesses or shares alcohol, marijuana, illegal drugs, or controlled substances.
To do so, the landlord must first give 48 hours’ notice to fix the issue or vacate. The tenant has 24 hours to change their behavior and correct the issue or they must move out. [9]
If the tenant fixes the issue but commits the same act within a six-month timeframe, the landlord can serve the tenant with a 24 hours’ notice to vacate. The tenant does not have the opportunity to correct the issue and must move out.
In Oregon, a landlord can evict a tenant if they are involved in illegal activity. To do so, the landlord must first give 24 hours’ notice to vacate. Tenants do not have the opportunity to fix the issue to avoid removal and must move out. [10]
In Oregon, illegal activity includes: [10]
In Oregon, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Oregon landlord-tenant law . If found liable, the tenant could obtain injunctive relief, plus 2 months’ periodic rent or twice the actual damages sustained, whichever is greater. [12]
A landlord is not allowed to forcibly remove a tenant by: [12]
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include: [13]
In Oregon, all evictions follow the same process:
A landlord can begin the eviction process in Oregon by serving the tenant with written notice. Oregon landlords may deliver an eviction notice using any of these methods: [21]
Mailing a notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
Oregon does allow electronic delivery of notice in special cases. Electronic notice must be agreed in a written addendum to the rental agreement, which complies with the following requirements: [21]
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
If a tenant is late on paying rent (full or partial) in Oregon, the landlord can serve them a 72 Hour Notice To Pay or Quit. The notice gives the tenant 3 days to pay the entire remaining balance or vacate the premises.
If a tenant is late on paying rent (full or partial) in Oregon, the landlord can serve them a 6-Day Notice To Pay or Quit. This notice is for landlords who give the tenant notice on the 5th day of the rental period. The notice gives the tenant 6 days to pay the entire remaining balance or vacate the premises.
For a tenant with no lease or a month-to-month lease in Oregon, the landlord must serve them a 30-Day Notice To Quit to end the tenancy. This eviction notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
In Oregon, if a tenant (who is not a week-to-week tenant) commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice To Cure or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
In Oregon, if a week-to-week tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 7-Day Notice To Cure or Vacate. This eviction notice gives the tenant 7 days to fix the issue or the tenant must move out.
In Oregon, if a tenant has an unpermitted pet, the landlord can serve them a 10-Day Notice to Cure or Vacate. This eviction notice gives the tenant 10 days to fix the issue by rehoming their unpermitted pet or the tenant must move out.
In Oregon, if a tenant fixes the issue by rehoming an unpermitted pet, but commits the same act within a six-month timeframe the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to move out without an option to fix the issue.
In Oregon, if a tenant’s pet has caused substantial harm or damage, the landlord can serve them a 24-Hour Notice To Cure or Vacate. This eviction notice gives the tenant 24 hours to fix the issue by rehoming their unpermitted pet or the tenant must move out.
In Oregon, if a tenant violates a drug or alcohol-free housing rule by using, possessing or sharing alcohol, marijuana, illegal drugs, or controlled substances, the landlord can serve them a 48-Hour Notice To Cure or Vacate This eviction notice gives the tenant 48 hours to fix the issue or the tenant must move out.
In Oregon, if a tenant commits an illegal activity, subsequently violates a drug or alcohol-free housing rule (within a 6-month timeframe of the first violation), or subsequently returns the pet to the premises that caused substantial harm and damage, the landlord can serve them a 24-Hour Notice To Quit. This eviction notice gives the tenant 24 hours to move out without the chance to fix the issue.
As the next step in the eviction process, Oregon landlords must file a complaint in the appropriate court. In the state of Oregon, this costs $88 in filing fees. [14]
The summons and complaint must be served on the tenant by the Clerk of Court, a professional process server or sheriff prior to the hearing through one of the following methods: [15]
A first appearance hearing will be scheduled 7 days after the date the landlord pays their filing fee for the complaint. [16]
If the tenant fails to attend the appearance hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If both the tenant and landlord attend the appearance hearing, an eviction hearing will be scheduled within 15 days of the appearance hearing. [17] The eviction hearing is when the judicial officer will make a decision if tenant needs to move out of the rental unit.
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
The writ of execution and an eviction trespass notice shall be served by the sheriff either via first class mail or by personal delivery.
Tenants will have 4 days to move out of the rental property before the writ of execution is issued. [19] A writ may become unenforceable if it is not served and enforced within 30 days following the issuance expiration date.
Once the move-out deadline has passed, the writ of execution will be issued, effective immediately.
Law enforcement officers are required to immediately enforce the writ of execution once they receive it from the court. [20]
That means tenants will not have any grace period once the writ is received by law enforcement officials and should be prepared to move out immediately.
In Oregon, an eviction can be completed in 2 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Oregon eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 1- 30 Calendar Days |
| Court Issuing/Serving Summons | ~3 Business Days |
| Tenant Response Period | ~15 Calendar Days |
| Court Ruling | 7-15 Business Days |
| Court Serving Writ of Execution | ~4 Business Days |
| Final Notice Period | Immediately |
The cost of an eviction in Oregon for all filing, court, and service fees can vary heavily based on the type of court hearing and service fees. For cases filed in Circuit Court, the average cost is $391.
| Fee | Circuit |
| Initial Court Filing | $35 |
| Summons Service | ~$45+ |
| Court Hearing | $139+ |
| Writ of Execution Issuance | $47 |
| Writ of Execution Service | $45 |
| Writ of Execution Enforcement | $80+ |
(1)(a) The rent payment is not received by the fourth day of the…rental period…and (b) …a written rental agreement that specifies: (A) The tenant’s obligation to pay a late charge on delinquent rent payments; (B) The type and amount of the late charge…and (C) The date on which rent payments are due and the date or day on which late charges become due.
(1) a week-to-week tenancy… at least 72 hours’ written notice… no sooner than on the fifth day of the rental period… (2) For all tenancies other than week-to-week tenancies… (a) At least 72 hours’ written notice… no sooner than on the eighth day of the rental period… or (b) At least 144 hours’ written notice…no sooner than on the fifth day of the rental period…
(2) …a week-to-week tenancy…may terminate…by a written notice given to the other at least 10 days before the termination date specified in the notice. (3) …a month-to-month tenancy: (b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice…
(3) (b) …state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and… (4)(a) If the violation…can be cured by the tenant…the rental agreement does not terminate if the tenant cures the violation… (A) At least 14 days after delivery of the notice…
(6) When a tenancy is a week-to-week tenancy, the notice period in: (a) Subsection (3)(b) of this section changes from 30 days to seven days; (b) Subsection (4)(a)(A) of this section changes from 14 days to four days…
(1) The tenant shall:
(a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner…(b) Keep all areas… as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin…(c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste…as authorized by state and local governmental agencies.(d) Keep all plumbing fixtures…clean…(e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises (f) Test at least once every six months and replace batteries…any smoke alarm, smoke detector or carbon monoxide alarm…(g) Behave and require other persons on the premises…in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
(2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm…(b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
(1) If the tenant…keeps…a pet capable of causing damage to persons or property, the landlord may deliver a written notice…stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice unless the tenant removes the pet from the premises…
(3) If substantially the same act that constituted a prior noncompliance of which notice was given under subsection (1) of this section recurs within six months, the landlord may terminate the rental agreement upon at least 10 days’ written notice specifying the breach and the date of termination of the rental agreement.
(1) …at least 24 hours’ written notice… (e)(A) The tenant intentionally provided substantial false information on the application for the tenancy within the past year; (B) …with regard to a criminal conviction…that would have been material to the landlord’s acceptance of the application; and (C) The landlord terminates the rental agreement within 30 days after discovering the falsity of the information…
(1) …at least 24 hours’ written notice… (a) The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant; (d) The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises…
(2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours’ written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement and take possession
(1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items…, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause and take possession… The notice must specify the acts constituting the drug or alcohol violation and state that the rental agreement will terminate in not less than 48 hors after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice.
(2) If the tenant cures the violation within the 24-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement terminates as provided in the notice.
(3) If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours’ written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.
(1) Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession…
(f) …Acts that are “outrageous in the extreme” include: (A) Prostitution, commercial sexual solicitation or promoting prostitution… (B) Unlawful manufacture, delivery or possession of a controlled substance… (C) Manufacture of a cannabinoid extract…unless the person…holds a license issued under ORS 475B.090 or is registered under ORS 475B.840; (D) A bias crime… (E) Burglary…
(2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period…
If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater.
Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:
(a)The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:
(A)A building, health or housing code materially affecting health or safety;
(B)Laws or regulations concerning the delivery of mail; or
(C)Laws or regulations prohibiting discrimination in rental housing;
(b)The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;
(c)The tenant has organized or become a member of a tenants’ union or similar organization;
(d)The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action…
(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall: (a) Collect a filing fee of $88; (3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this section.
(3)(a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises. (b) The process server shall serve the defendant…by personal delivery…or…by attaching the summons and complaint…to the main entrance to that portion of the premises of which the defendant has possession.
(2) The clerk shall enter the first appearance date on the summons. That date shall be seven days after the judicial day next following payment of filing fees…
(6) If both parties appear…on the date contained in the summons, the court shall set the matter for trial…no later than 15 days from the date of such appearance… (7)(a) The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing…and to serve a copy upon the plaintiff on the same day as first appearance.
No continuance shall be granted to a defendant for a longer period than two days…
(1)(a) …a notice of restitution that shall give the defendant four days to move out of the premises… (b) After the expiration of the four-day period…issuance by the clerk of the court…of a writ of execution of judgment of restitution, directing the sheriff to enforce the judgment by removing the defendant and by returning possession of the premises to the plaintiff…
(1) …the sheriff shall immediately enforce and serve the writ upon the defendant… (c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment…
21 Or. Rev. Stat. § 90.155(1) (1) Except as provided in ORS 90.300 , 90.315 , 90.425 and 90.675 , where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:
(a) Personal delivery to the landlord or tenant. (b) First class mail to the landlord or tenant. (c) If allowed under a written rental agreement , both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:
(A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and (B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours. (d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
Can a landlord evict you immediately in Oregon? Can a landlord evict you immediately in Oregon?No, a landlord cannot evict you immediately in Oregon, and must give you at least 24 hours’ written notice prior to beginning the eviction process. In addition, the landlord must have a court order to remove you from the rental property. Read more » Can you evict a tenant without a lease in Oregon? Can you evict a tenant without a lease in Oregon?Yes, you can evict a tenant without a lease in Oregon, but you must still provide them with written notice, and follow the legal eviction procedures. Week-to-week tenants must receive 10 days’ notice, while month-to-month tenants must receive 30 days’ notice if it’s their first year of tenancy. Read more » Can you kick someone out of your house in Oregon? Can you kick someone out of your house in Oregon?Yes, you can kick someone out of your house in Oregon. However, you may be required to follow the legal eviction process if the person paid you rent or performed services around your home in exchange for living there, such as cooking or cleaning. Read more » Can a landlord evict someone for no reason in Oregon? Can a landlord evict someone for no reason in Oregon?A landlord cannot evict someone for no reason in Oregon unless the tenant is week-to-week, or a month-to-month tenant in their first year of tenancy. For all other tenants, landlords must have a legally valid reason to evict the tenant. Read more »
