Albany Eviction Laws & Process

Oregon landlord guide — notices, timelines, court filing & local rules

Eviction Laws in Albany, Oregon

Albany is a Linn County city of about 57,000 — the county seat and largest city in Linn County — sitting on the I-5 corridor in the mid-Willamette Valley between Salem, Corvallis, and Eugene. It is a working-class, industrial town: historically timber and food processing, and notably a center of rare-metals and metallurgy manufacturing, ringed by Linn County’s grass-seed agriculture. It is more affordable than its university neighbors, with a median gross rent near $1,350, a median household income around $78,000, and a cost of living well below the national average. It leans owner-occupied (about 41 percent rent) with a tight market near 3 percent vacancy, and it is home to Linn-Benton Community College. Most of Albany sits in Linn County, but North Albany lies across the Willamette River in Benton County. Eviction cases are filed as Forcible Entry and Detainer (FED) actions in the Linn County Circuit Court.

Oregon eviction law is set by the Residential Landlord and Tenant Act (Oregon Revised Statutes Chapter 90), with the court process governed by the FED statutes (ORS 105.105–105.168). A landlord must serve the correct written notice before filing. Since 2019, Oregon has had statewide rent control and just-cause eviction protections under Senate Bill 608, and recent legislation (SB 611 in 2023 and HB 2001 in 2023) tightened the rent cap and reshaped the nonpayment process. Self-help eviction — lockouts, shutting off utilities, or removing a tenant’s belongings — is illegal and carries significant statutory penalties.

The single most important current number for an Albany landlord is the rent cap: for 2026, the maximum allowable rent increase under Oregon law is 9.5 percent. That figure is recalculated and published by the Oregon Department of Administrative Services every September 30, so confirm the current year’s number before issuing any increase.

Albany, Linn & Benton Counties — Local Rules That Affect Landlords

Statewide Rent Control — the 2026 Cap Is 9.5%. Under SB 608 (2019) and SB 611 (2023), annual rent increases are capped at the lesser of 7 percent plus inflation (CPI) or a 10 percent hard cap — 9.5 percent for 2026. The cap applies to units 15 years or older (newer construction is exempt), you may raise rent only once in any 12-month period, no increase is allowed in the first year, and you must give 90 days’ written notice. Raising rent above the cap exposes you to liability for three months’ rent plus the tenant’s actual damages — so keep increases at or below 9.5 percent, give 90 days’ notice, and raise only once a year.

No Local Ordinance Layer — Baseline Oregon Rules Apply. Albany imposes no Portland- or Eugene-style relocation-assistance, screening (FAIR), or municipal deposit ordinance, so compliance is the statewide ORS Chapter 90 framework without an extra city layer.

Two Counties — File in the Right Circuit. Most of Albany is in Linn County, but North Albany sits across the Willamette in Benton County. File your FED in the Circuit Court for the county where the property is actually located — Linn County Circuit Court (in Albany) for most of the city, Benton County Circuit Court (in Corvallis) for North Albany properties. Filing in the wrong county will cost you time.

Just-Cause Eviction After 12 Months (ORS 90.427). During the first 12 months you may end a month-to-month tenancy without cause on 30 days’ notice. After 12 months you need a qualifying reason — tenant-based (nonpayment, lease violation) or a qualifying landlord reason (landlord/family move-in, sale to an occupying buyer, demolition, major repairs), the latter requiring 90 days’ notice and one month’s rent relocation assistance for landlords with more than four units. Plan terminations around the 12-month line and document the qualifying reason.

Nonpayment of Rent — Mind the Procedure. Rent has a mandatory 4-day grace period before a notice can be served. You then serve a 10-day notice (on or after the 8th day of the rental period) or a 13-day notice (on or after the 5th day), and the notice must include the mandatory HB 2001 (2023) “eviction for nonpayment” disclosure with rental-assistance information in multiple languages — courts dismiss FED cases that omit it. The court must dismiss the case if the tenant pays in full or rental assistance is received before judgment. You cannot evict for unpaid late fees alone, and accepting partial rent can invalidate your notice.

An Affordable, Working-Family Market. Albany’s economy runs on manufacturing, metallurgy, and Willamette Valley agriculture, giving it a steady working-family renter base, supplemented by Linn-Benton Community College students and spillover demand from pricier Corvallis next door. With a below-average cost of living and a stable tenant pool, Albany is one of the more workable mid-size markets in Oregon — though the statewide rent-control and just-cause rules still apply in full.

Source-of-Income & Expanded Fair Housing. Beyond the federal protected classes, Oregon law (ORS Chapter 659A) bars discrimination based on source of income — you cannot refuse a Section 8 voucher or other subsidy — plus sexual orientation, gender identity, marital status, survivor status (domestic violence, sexual assault, stalking), and, under SB 599 (2025), immigration or citizenship status. Apply the same standards to every applicant.

Security Deposits. Oregon has no statewide deposit cap, but you must return the deposit with a written itemized accounting within 31 days of the tenancy ending (ORS 90.300). Normal wear and tear is not deductible. Albany adds no extra municipal deposit rules.

Self-Help Eviction Is Illegal. Lockouts, removing belongings, and utility shut-offs are prohibited (ORS 90.375) and expose you to substantial damages. Only the sheriff, under a court-issued writ, can remove a tenant.

Free Legal Help & Rent Assistance. Legal Aid Services of Oregon and the Oregon Law Center assist qualifying low-income tenants, and the Community Services Consortium provides rent assistance across Linn, Benton, and Lincoln counties. Because a nonpayment FED must be dismissed if rental assistance arrives before judgment, helping a behind-but-stable tenant connect with assistance early is often faster and cheaper than a contested case.

Linn County Circuit Court — Where Albany Landlords File

Albany landlords file FED (eviction) actions in the Linn County Circuit Court at the Linn County Courthouse, 300 SW 4th Avenue, Albany, OR 97321 — confirm the current filing location and FED procedures with the court before filing. For North Albany properties located in Benton County, file in the Benton County Circuit Court in Corvallis instead. The FED filing fee is roughly $88, and Oregon’s FED process is fast — a first appearance is typically set about a week after filing. If the tenant contests, the court schedules a trial; if the landlord prevails, the court issues a judgment of restitution and the sheriff executes the writ. Remember that the case will be dismissed if the mandatory HB 2001 nonpayment notice was not attached, or if the tenant pays in full or rental assistance is received before judgment. Self-help eviction is illegal — only the sheriff may remove a tenant under a court-issued writ.