Under the landlord-tenant law, landlords in Oregon have a right to evict their tenants for causing certain violations to the lease agreement. Usually, evictions in Oregon can take anywhere between 2 and 8 weeks.
It goes without saying that landlords must follow the proper procedure in order to remove a tenant from their rented premises, or else you 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 the tenant from the rental unit in Oregon.
An example of an illegal eviction would be one carried out of retaliation. It’d be unlawful for landlord to remove a tenant for complaining or reporting them to an appropriate government agency for action. It’s also illegal to evict a tenant 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 the law.
You must have a legal reason in order to kickstart an eviction. A landlord cannot simply start eviction proceedings against a tenant who they no longer like, as this could lead to an eviction lawsuit. The following are the common reasons for tenant eviction in Oregon.
- Failure by a tenant to meet their rent obligations.
- Violating a term of the tenant's lease like refusing to pay rent.
- Failure to move out at the end of the lease term, even in a month-to-month tenancy.
- Damage resulting from keeping a pet.
- Falsified information on the rental application.
- Illegal activity on the rental premises.
Once you have a legal reason, the next step would be to terminate the Oregon lease by serving the tenant with an eviction notice. The notice is a special type of proper notice that tells a tenant what they must do within a certain period of time.
The following are each possible ground for eviction and the termination notice the landlord must serve according to Oregon law.
1. Failure by the tenant to pay rent.
Oregon law states that rent becomes late if it has not been paid by the 4th day of the month. Once it has become due, you must serve them a written notice prior to moving to court.
For tenants on a week-to-week tenancy, you must serve them a 72 hours’ written notice for rent payments. For all other tenancies, you must serve them a 72 hours’ notice or a 144 hours’ notice if serving the tenant on the 8th or 5th day, respectively.
The 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 lease violations, you 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 tenant and the landlord 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 unit by not causing damage.
If a tenant violates those terms of the rental agreement, such as unpaid rent for a given rental period, you can evict them from your Oregon rental property for said violation like nonpayment of rent. You can begin to remove the tenant by serving them the 7-Day Notice to Comply. This will give them a maximum of seven days to fix the violation or else move out. For tenants on a week-to-week lease, they would have a maximum of 4 days.
If the tenant doesn’t resolve the violation within the required timelines, as a landlord, you can move to court and file for their removal. Termination notices need to follow propert protocol.
3. Continuing to stay after the lease has expired.
The specific notice period depends on the lease in operation. If the tenant pays rent on a week-to-week basis, you must serve them a 10-Day Notice to Quit prior to seeking legal redress. For tenants on a month-to-month lease, you must serve them a 30-Day Notice to Quit.
If the tenant remains after the notice has expired, you can proceed to court.
4. Damage from pets.
You can evict a tenant due to damage resulting from their pet. In such an instance, you must serve them a 10 days’ notice. If the tenant rehomes the pet within this time, you must stop further eviction proceedings against them. However, for repeat offenders, you may terminate the lease 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 serve the tenant with a 24 hours’ advance notice. If a landlord doesn't give a tenant notice, the eviction isn't legal.
5. Falsified information on the rental application form.
Have you recently found out that your tenant falsified certain information when they applied to rent your property? If so, you can use that as a ground to evict them from the property. Oregon law requires that you serve them a 24 hours advance notice prior to moving to court.
If they remain on the property after the 24 hours, you can proceed with the eviction process in court.
6. Committing an illegal activity while on the rental premises.
Illegal activity in Oregon includes manufacture of cannabinoids, prostitution, and threats to injury on the property or others.
Summons & Complaint
If a tenant doesn’t leave after the notice has expired, you can move to court and file a complaint under nonpayment of rent. 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 your favor regarding the eviction case and issue a writ of execution. This means the landlord wins the suit.
The writ of execution would be the final notice for the tenant to move out. It would give them a maximum of 4 days to leave on their own before being forcefully removed.
Following the proper eviction process when evicting a tenant 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. Get in touch to learn more!
This blog should not be used as a substitute for legal advice from a licensed attorney 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.