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🏛️ 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

10
Days Notice (Nonpayment)
30
Days Notice (Violation)
30-60
Avg Total Days
$$88-270
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 10-Day Notice of Nonpayment (or 13-Day if served on day 5)
Notice Period 10 days
Tenant Can Cure? Yes
Days to Hearing 7-14 days
Days to Writ 4 days
Total Estimated Timeline 30-60 days
Total Estimated Cost $200-600
⚠️ Watch Out

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 Type 30-Day Notice to Comply (14 days to cure; 30 days to vacate)
Notice Period 30 days
Tenant Can Cure? Yes - 14 days to cure within 30-day notice period
Days to Hearing 7-14 days
Days to Writ 4 days
Total Estimated Timeline 45-75 days
Total Estimated Cost $200-600
⚠️ Watch Out

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

Service Methods Personal delivery; first-class mail (+3 days); posting on door + mailing
Proof Required Yes - certificate of service filed with court
Posting Allowed Yes - if personal service fails; must also mail first-class
Service of Process Fee $40-75
📝 Service Notes

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

Court Circuit Court - FED (Forcible Entry and Detainer)
Filing Fee (Approx) $$88-270
Attorney Required No for individuals; Yes for LLCs/corporations
Attorney Recommended Yes - complex notice requirements
Mandatory Mediation Available but not mandatory
Jury Trial Available Yes - either party may demand
Recover Attorney Fees Yes - prevailing party (ORS 90.255)
Recover Back Rent (Same Filing) No - must file separate small claims or civil case
Recover Costs from Tenant Yes - court costs recoverable
Default Judgment Available Yes - if tenant fails to appear
Default Judgment Timeline At first appearance if tenant absent
Statute Citation ORS 90.394; ORS 105.105-105.168
Self-Help Eviction Allowed No - landlord liable for up to 2x monthly rent plus actual damages (ORS 90.375)
Local Overrides Common Yes
🕐 Common Delays

Mandatory notice language requirements; tenant payment after filing dismisses case; Portland/Multnomah County backlogs; HB 2001 extended timelines

⚖️ Appeals & Post-Judgment

Appeal Window 10 days
Appeal Stays Eviction Yes - if tenant posts bond
Tenant Pay and Stay Yes - tenant can pay all rent owed any time before judgment and court MUST dismiss; even after filing tenant can pay and landlord may only collect court costs
Tenant Auto-Continuance No automatic; court may grant
Writ Executed By Sheriff
Writ Execution Timeline 48 hours after writ issued
Writ Execution Fee $50-100 (sheriff fee)
🔒 Lockout Procedure

Sheriff posts notice; returns 48 hours later to execute; landlord arranges for property removal

📦 Tenant Property & Abandonment

Abandonment Period 5-8 days (personal property notice required) days
📋 Abandonment Rules

Landlord must give 5-8 day written notice before disposing; must allow retrieval during reasonable hours; tenant liable for storage costs

🏦 Security Deposits

Return Deadline 31 days
Maximum Deposit No statutory cap
📝 Deposit Details

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 Fee Cap Reasonable; flat fee or daily (max 6% of flat fee) or 5% of rent every 5 days
📝 Late Fee Rules

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

Retaliatory Eviction Protection Yes (ORS 90.385)
Retaliation Window 6 months after protected activity
Rent Control Yes - statewide
📝 Rent Control Details

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.

COVID Protections Active No - emergency protections expired but HB 2001 (2023) permanent reforms remain
Fair Housing (State Additions) Source of income; domestic violence victim status; immigration/citizenship status (SB 599 2025)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Portland; Milwaukie; Eugene
📝 Local Override Details

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)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Circuit Court - FED (Forcible Entry and Detainer). Pay the filing fee (~$$88-270).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for Oregon

📊 Data Confidence

ℹ️ Notes

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

⚠️ Disclaimer: This page provides general information about Oregon eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Oregon attorney or local legal aid organization.
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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:

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:

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:

After the first year of occupancy:

Qualifying Landlord Reasons for Termination (After Year 1)

After the first year, landlords may terminate with 90-day notice for:

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:

All other tenancies (monthly or longer):

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:

(ORS § 90.392)

Repeat Violations: 14-Day Notice (No Cure)

If substantially the same violation occurs again within 6 months:

Drug/Alcohol-Free Housing Violations: 48-Hour Notice (24-Hour Cure)

In designated drug/alcohol-free housing (tenant less than 2 years):

(ORS § 90.398)

Serious Misconduct: 24-Hour Unconditional Notice

For extremely serious violations, landlord can serve 24-hour notice with no cure for:

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:

(ORS § 90.405)

Termination of Month-to-Month (First Year): 30-Day Notice

During the first year of occupancy only:

Service of Notice

Notices must be served properly under ORS 90.155:

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:

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

Eviction Hearing/Trial

If tenant doesn’t appear: Court may enter default judgment for landlord.

Judgment and Enforcement

If landlord wins:

  1. Court issues Judgment of Restitution
  2. Landlord requests Notice of Restitution from clerk (fee + service costs)
  3. Notice served on tenant—gives tenant 4 days to move out
  4. If tenant doesn’t leave, landlord requests Writ of Execution (additional fee)
  5. 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:

After removal, landlord may change locks and must store tenant’s remaining belongings with proper notice of tenant’s rights.

Tenant Defenses

Portland-Specific Rules

Portland has additional requirements beyond state law:

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

Best Practices for Oregon Landlords

Quick Reference: Oregon Eviction Rules

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.