🏛️ Courthouse Information and Locations for Oregon
Oregon Eviction Laws: Notice Requirements, Process, and Timelines
Oregon handles evictions through Circuit Court using “Forcible Entry and Detainer” (FED) proceedings governed by Oregon Revised Statutes (ORS) Chapter 90 (Residential Landlord and Tenant Act) and Chapter 105 (Actions for Possession). Oregon is one of the most tenant-protective states in the country, featuring mandatory “just cause” requirements after the first year of tenancy (SB 608), statewide rent increase limits, and complex notice requirements that vary by tenancy type and violation. Landlords with 5+ units must pay relocation assistance for qualifying terminations. Below you’ll find everything landlords need to know.
Oregon Eviction Laws
Comprehensive guide to Oregon's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court - FED (Forcible Entry and Detainer).
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: 4-day grace period before notice can be served. 10-day notice can only be served on or after 8th day of rental period. 13-day notice can be served on or after 5th day. Must include mandatory Eviction for Nonpayment of Rent notice per HB 2001 (2023) with rental assistance info in multiple languages - court dismisses without it. Accepting partial rent may invalidate notice. Court MUST dismiss FED if tenant pays all rent or rental assistance is received before judgment. Statewide rent control (SB 608): 7%+CPI cap (max 10% per SB 611). Just cause eviction required after first year of occupancy.
📋 Lease Violation
Notice must specify violation; state whether curable; give example of how to cure; provide 14 days to cure and 30 days total. Repeat same violation within 6 months = 10-day unconditional quit (no cure). Pet violations = 24-hour cure period. 24-hour notice for serious threats/criminal activity - no cure. Just cause eviction required after first year (SB 608). 90-day notice with qualifying landlord reason required for no-cause after year 1; must pay 1 month relocation assistance.
📬 Service of Process
Must complete service by end of judicial day after filing. Must include veterans' services info on summons. Notice must include rental assistance information per HB 2001.
🏛️ Court & Legal Information
Mandatory notice language requirements; tenant payment after filing dismisses case; Portland/Multnomah County backlogs; HB 2001 extended timelines
⚖️ Appeals & Post-Judgment
Sheriff posts notice; returns 48 hours later to execute; landlord arranges for property removal
📦 Tenant Property & Abandonment
Landlord must give 5-8 day written notice before disposing; must allow retrieval during reasonable hours; tenant liable for storage costs
🏦 Security Deposits
31-day return with itemized deductions. Failure to return = 2x deposit liability. No interest requirement. Move-in/move-out condition report recommended. If deposit increased after first year landlord must allow 3 months to pay increase.
💵 Late Fees
Late fees must be outlined in lease. 4-day mandatory grace period. Nonpayment of late fee alone cannot be basis for nonpayment eviction - only for cause termination (ORS 90.302). Cannot stack late fees onto current rent.
🛡️ Tenant Protections
SB 608 (2019): 7%+CPI cap for units 15+ years old; SB 611 (2023): hard cap at 10% regardless of CPI. 90-day notice for increases under 10%; 180-day for 10%+. No increase in first year. Portland: additional 5%+CPI local cap; relocation assistance $2900-4500 for 10%+ increases.
🏙️ Local Overrides & City-Specific Rules
Portland: 90-day no-cause notice; mandatory relocation assistance $2900-4500; 180-day rent increase notice for 10%+; additional just cause requirements. Milwaukie: 90-day no-cause notice. Portland PCC 30.01.085 renter additional protections. HB 3522 (2025): squatter reform with 24-hour notice effective Jan 2026.
Underground Landlord📝 Oregon Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Circuit Court - FED (Forcible Entry and Detainer). Pay the filing fee (~$$88-270).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Oregon
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Oregon attorney for specific legal guidance. Oregon eviction law is extremely complex and changes frequently.
Governing Law and Court System
Oregon evictions are governed by:
- ORS Chapter 90: Residential Landlord and Tenant Act
- ORS Chapter 105: Actions for Recovery of Real Property (FED procedures)
- SB 608 (2019): Just cause eviction requirements
- HB 2001 (2023): Extended notice periods for nonpayment
Courts: Cases are filed in Oregon Circuit Court or Justice of the Peace Court in the county where the property is located.
Filing fees: Approximately $391 average for Circuit Court cases, plus service costs.
Critical note: Many counties require mediation or settlement conferences before trial. Local jurisdictions (Portland, Milwaukie, others) have additional requirements that may differ from state law.
Self-Help Eviction Prohibited
Self-help evictions are strictly illegal in Oregon. Landlords cannot:
- Change the locks
- Shut off utilities
- Remove tenant belongings
Penalties: Up to 3x rent plus actual damages, attorney’s fees, costs, AND tenant can recover possession of the unit.
Just Cause Requirement (SB 608)
Oregon law severely limits when landlords can terminate tenancies:
During the first year of occupancy:
- Landlord can terminate month-to-month with 30-day notice without cause (90 days in Portland/Milwaukie)
- Fixed-term lease expiring within first year: 30-day notice before expiration (90 days in Portland/Milwaukie)
After the first year of occupancy:
- No-cause terminations are prohibited
- Landlord must have either a tenant cause (violation) or qualifying landlord reason
- For-cause terminations (violations) are allowed at any time with proper notice
Qualifying Landlord Reasons for Termination (After Year 1)
After the first year, landlords may terminate with 90-day notice for:
- Demolition or conversion to non-residential use
- Major remodeling making unit unfit/unsafe for occupancy
- Landlord or immediate family member moving into the unit
- Sale to buyer who will occupy as primary residence (must provide evidence of offer)
Relocation assistance required: Landlords with ownership interest in 5 or more dwelling units must pay one month’s rent as relocation assistance when issuing qualifying landlord reason termination notices.
Exception: Owner-occupied buildings with only 1-2 units may use 60-day no-cause notice (90 days in Portland/Milwaukie) even after first year.
Notice Requirements by Violation Type
Nonpayment of Rent
Oregon has a mandatory 4-day grace period—landlords cannot start eviction until rent is at least 5 days late.
Week-to-week tenancies:
- 72-hour notice to pay or quit
- Cannot be served before the 5th day of the rental period
- Time begins at 11:59 pm on day of service
All other tenancies (monthly or longer):
- 10-day notice: Can be served on or after the 8th day after rent is due
- 13-day notice: Can be served on or after the 5th day after rent is due
Critical: If landlord accepts partial rent after serving notice, the notice may be invalidated.
Rental assistance: If eviction is for nonpayment and tenant pays (or rental assistance pays) the full amount, court must dismiss the case.
(ORS § 90.394)
Lease Violations: 30-Day Notice (14-Day Cure)
For material violations of the rental agreement:
- Serve 30-day notice to cure or vacate
- Tenant has 14 days to cure the violation
- If not cured, tenant must vacate by day 30
- Week-to-week tenancies: 7-day notice with 4-day cure period
(ORS § 90.392)
Repeat Violations: 14-Day Notice (No Cure)
If substantially the same violation occurs again within 6 months:
- Landlord can issue 14-day notice with no cure period
Drug/Alcohol-Free Housing Violations: 48-Hour Notice (24-Hour Cure)
In designated drug/alcohol-free housing (tenant less than 2 years):
- 48-hour notice to quit with 24 hours to cure
- Repeat within 6 months: 24-hour notice, no cure
(ORS § 90.398)
Serious Misconduct: 24-Hour Unconditional Notice
For extremely serious violations, landlord can serve 24-hour notice with no cure for:
- Tenant seriously threatens or inflicts substantial personal injury
- Recklessly endangers others by creating serious risk of injury
- Intentionally causes substantial property damage
- Intentionally provided false rental application information (within past year)
- Extremely outrageous acts (prostitution, drug crimes, bias crimes, burglary)
- Criminal assault by tenant
Pet exception: If pet committed the act, tenant can cure by removing animal within 24 hours.
(ORS § 90.396)
Unpermitted Pet: 10-Day Notice
If tenant keeps a pet capable of causing damage in violation of rental agreement:
- 10-day notice to remove the pet
(ORS § 90.405)
Termination of Month-to-Month (First Year): 30-Day Notice
During the first year of occupancy only:
- 30-day notice without cause (most jurisdictions)
- 90-day notice in Portland and Milwaukie
Service of Notice
Notices must be served properly under ORS 90.155:
- Personal delivery: Hand-delivered to tenant
- First-class mail: Add 3 days to minimum notice period
- Post and mail: Only if rental agreement allows and specific conditions met
All notices must state the date and time the notice expires. Day 1 is the day after notice is given.
Veterans services: Notices must include veterans’ services contact information (ORS 408.515).
Filing the Eviction Complaint
After notice period expires, file a Residential Eviction Complaint (FED action) in Circuit Court.
Required documents:
- Residential Eviction Complaint
- Copy of the eviction notice with proof of service
- Copy of lease (if written)
- Rent ledger
Important: Eviction court is only for possession. To recover unpaid rent or damages, landlord must file a separate small claims (up to $10,000) or civil action.
Court Process – Two Hearings
First Appearance Hearing
- Scheduled approximately 7-15 days after landlord files complaint
- Court gathers information from both parties
- May require mediation
- Tenant must file written Answer by 4:00 pm the same day if trial is ordered
- Remote appearance may be allowed for tenants (attorneys must appear in person)
Eviction Hearing/Trial
- Scheduled within 15 days after first appearance
- Both parties present evidence
- Landlord must bring: lease, notices, proof of service, rent ledger, photos/documentation
- Tenant can request up to 2-day continuance (must post rent security)
If tenant doesn’t appear: Court may enter default judgment for landlord.
Judgment and Enforcement
If landlord wins:
- Court issues Judgment of Restitution
- Landlord requests Notice of Restitution from clerk (fee + service costs)
- Notice served on tenant—gives tenant 4 days to move out
- If tenant doesn’t leave, landlord requests Writ of Execution (additional fee)
- Sheriff schedules physical removal
Deadline: Notice of Restitution and Writ of Execution cannot be issued more than 60 days after judgment.
Sheriff Execution
Landlord coordinates with sheriff’s office to:
- Schedule time to meet at property
- Physically remove tenant
- Turn property over to landlord
After removal, landlord may change locks and must store tenant’s remaining belongings with proper notice of tenant’s rights.
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, missing statutory language
- Improper service: Notice not properly delivered per ORS 90.155
- Payment: Rent was paid or rental assistance approved
- Retaliation: Eviction in response to tenant complaints about habitability
- Just cause violation: No valid tenant cause or qualifying landlord reason after first year
- Discrimination
- Habitability: Landlord failed to maintain premises
- Partial rent accepted: Landlord accepted partial payment after notice
Portland-Specific Rules
Portland has additional requirements beyond state law:
- 90-day notice required for no-cause terminations (vs. 30 days statewide)
- Notification of tenant’s rights and responsibilities must be included with all terminations
- Additional relocation assistance for all no-cause and qualifying landlord reason terminations (unless exempted)
Squatter Reform (HB 3522 – Effective January 1, 2026)
Oregon House Bill 3522 allows landlords to evict squatters with a 24-hour notice. This is a significant change from prior law requiring standard eviction processes.
Typical Timeline
- Notice period: 24 hours to 90 days (depending on grounds)
- Filing to first appearance: 7-15 days
- First appearance to trial: Up to 15 days
- Notice of Restitution: 4 days to move out
- Writ deadline: Within 60 days of judgment
- Total (uncontested nonpayment): 4-6 weeks
- Contested: 2-3+ months
Best Practices for Oregon Landlords
- Know whether tenant is in first year (no-cause allowed) or past first year (just cause only)
- Use correct notice type for the specific violation
- Include veterans’ services information on all notices
- Track the 4-day grace period before serving nonpayment notices
- Never accept partial rent after serving nonpayment notice
- Check local ordinances (Portland, Milwaukie) for longer notice requirements
- Budget for relocation assistance if you own 5+ units
- Keep meticulous records—Oregon courts require solid documentation
- File separate small claims for money owed (eviction court is possession only)
- Request Writ within 60 days of judgment
- Never attempt self-help eviction—3x damages plus tenant can regain possession
Quick Reference: Oregon Eviction Rules
- Grace period before nonpayment notice: 4 days
- Nonpayment (weekly): 72-hour notice (serve on/after day 5)
- Nonpayment (monthly+): 10-day (serve on/after day 8) or 13-day (serve on/after day 5)
- Lease violations: 30-day notice (14 days to cure)
- Repeat violations: 14-day notice (no cure)
- Serious misconduct: 24-hour notice
- Drug/alcohol housing: 48-hour notice (24-hour cure)
- Unpermitted pet: 10-day notice
- Month-to-month (first year): 30-day notice (90 days Portland/Milwaukie)
- After first year: Just cause required
- Qualifying landlord reason: 90-day notice + relocation (5+ units)
- First appearance: 7-15 days after filing
- Trial: Within 15 days of first appearance
- Notice of Restitution: 4 days to move out
- Self-help penalty: 3x rent + damages + tenant can regain possession
- Security deposit return: 31 days
- Governing law: ORS Chapters 90, 105
Bottom line: Oregon has one of the most complex and tenant-protective eviction systems in the country. The just cause requirement (SB 608) means landlords cannot terminate most tenancies after the first year without a valid tenant cause or qualifying landlord reason. Notice requirements are extremely precise—using the wrong notice type or serving too early will result in dismissal. Landlords with 5+ units must pay relocation assistance for qualifying terminations. Portland and other cities have additional requirements. Never accept partial rent during nonpayment eviction, and never attempt self-help eviction—penalties are severe. Expect longer timelines and consider consulting an attorney for all Oregon evictions.