Under various tenant protections set in place by landlord-tenant law, landlords in Oregon have a right to proceed with filing eviction against tenants for causing certain lease violations. Usually, it can take anywhere between 2 and 8 weeks to evict a tenant in Oregon.
It goes without saying that landlords must follow landlord-tenant laws, including the proper procedure in order to proceed with forcible lease agreement termination, or they could potentially face an eviction lawsuit. And even after obtaining the order (writ of execution), it’s only the sheriff that can enforce the removal of a tenant and their personal property from a rental unit in Oregon.
An example of illegal evictions would be those carried out of retaliation. It’d be unlawful for landlords to proceed with filing an eviction against tenants for complaining or reporting them to an appropriate government agency for action. It’s also illegal to pursue evictions against any tenants due to their race, color, or any other protected class under the Oregon Fair Housing Act.
The following is the Oregon eviction process timeline according to Oregon law.
Legal Reason
State law requires a valid reason in order to kickstart the eviction process in Oregon. Landlords cannot simply proceed with filing an eviction against tenants who they no longer like, as this could lead to an eviction lawsuit. The following are the common reasons for eviction action in Oregon.
- Failure by tenants to meet rent deadlines.
- Violating a term of the tenant's lease agreement like nonpayment of rent.
- Failure to vacate at the termination of the term, even in a month-to-month tenancy.
- Damage resulting from keeping a pet.
- Falsified information on the rental application.
- They are involved in illegal activity on the rental premises.
Eviction Notice
Once a landlord has a legal reason according to Oregon eviction laws, the next step would be to terminate the Oregon lease by serving the tenant with an official written eviction or termination notice. This written notice is a special type of proper termination notice that tells a tenant what they must do within a certain period of time.
The following are each possible ground for filing for eviction and the termination notices the landlord must give according to Oregon eviction laws.
1. Failure by the tenant to pay rent.
Oregon law states that a month's rent becomes late if it has not been paid by the 4th day of the month. Once a tenant has overdue rent, their landlord must give them a written notice before moving to small claims court.
For tenants on a week-to-week tenancy, landlords must give tenants a 72 hours’ written notice for rent payment. For all other tenancies, the landlord must give them a 72 hours' or 144 hours’ notice in writing if serving the tenant on the 8th or 5th day, respectively.
The eviction notice must include certain information for it to be effective. Among other details, landlords must include the amount of due rent, and the specific date the tenant must pay in order to avoid getting evicted from the rental unit.
If the tenant ignores the notice and continues to live in the premises despite their violations of lease terms, the landlord can move to eviction court after the expiry of the notice.
2. Failure by the tenant to abide by the terms of the lease agreement.
Both the landlord and the tenant have a responsibility to abide by certain things after signing the written rental agreement. For the tenant, aside from paying rent, other responsibilities include abiding by the occupancy limit, paying the security deposit, abiding by the pet policy or smoking policy, and caring for the rental unit by not causing damage.
If a tenant violates those terms of the rental agreement, such as unauthorized pets or unpaid rent for a given rental period, this is a valid reason for a landlord to evict them from their Oregon rental. You can begin an eviction against the tenant for these lease violations in Oregon by serving them the 7-Day Notice to Comply. This will give them a maximum of seven days to fix the violation or else vacate. For tenants on a week-to-week lease, they would have a maximum of 4 days before eviction.
If the tenant doesn’t resolve the lease violations within the required timelines, landlords can move to small claims court and proceed with filing for their removal. Termination notices and the eviction filing need to follow proper protocol.
3. Continuing to stay after the lease has expired.
The specific notice periods for evictions in Oregon depends on the lease agreement in operation. If the tenants pay rent on a week-to-week basis, landlords must give them a 10-Day Notice to Quit prior to seeking legal redress. For tenants on a month-to-month fixed term lease, the notice period is 30 days.
If tenants remains after the landlord is done filing for their legal eviction and the notice period has passed, the landlord can seek legal advice and choose to proceed to small claims court. Legal authorities can carry out the eviction against the tenant by forcible entry.
4. Damage from pets.
A landlord in Oregon can carry out eviction against a tenant due to damage resulting from their pet. In such an instance, they must give a 10 days’ eviction notice to the tenant. If the tenant rehomes the pet within this time, the landlord must stop further eviction proceedings against them. However, for repeat offenders, they may terminate the tenancy with a 10 days’ notice and must not allow them time to fix the violation.
However, for a pet that inflicts injury or causes serious property damage, a residential landlord may give the tenants with a 24 hours’ advance eviction notice. If a landlord doesn't give a tenant a proper notice period, the eviction isn't legal.
5. Falsified information on the rental application form.
What if the tenant falsified certain information when they applied to rent the property? If so, landlords can use that as a ground to evict them from the property. Eviction notice requirements according to Oregon law state that the landlord must give them a 24 hours advance notice before moving to court.
If they remain on the property after the 24 hours, the landlord can proceed with the eviction process in court.
6. Committing an illegal activity while on the rental premises.
Illegal activities in Oregon include manufacture of cannabinoids, prostitution, and threats to injury on the property or others.
Summons & Complaint
If a tenant doesn’t leave after the eviction notice has expired, their landlord can move to small claims court and proceed with filing a complaint. After notarization by a court’s clerk, the tenant will be served by a process server, such as a sheriff.
Court Hearing & Judgment
If the tenant appears for the eviction hearing, a hearing will be held and maybe a subsequent trial. However, if they choose not to, the court will most likely issue a default judgment in the landlords favor regarding the eviction case and issue a writ of execution. This judgment means the landlord wins the eviction suit and the tenant loses, so they will not be able to recover possession of the unit.
After this judgment, the writ of execution would be the final notice for tenants to move out after a judgment is passed. It would give them a maximum of 4 days to leave on their own before forcible eviction by court order, after which full possession of the unit would belong to the landlord.
Bottom Line
Following the proper process when filing for eviction is key to a successful eviction. If you need further clarification or need expert help in removing a tenant, Campus Connection Property Management can help. We have decades of experience in providing property management services in the Eugene/Springfield area. Contact us today to learn more!
This blog should not be used as a substitute for legal advice from a licensed attorney or lawyer in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
