Salem Eviction Laws & Process

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

Eviction Laws in Salem, Oregon

Salem is Oregon’s capital and one of its largest cities — about 183,000 residents — and the seat of Marion County, straddling the Willamette River into Polk County on its west side. It is a government town first: the State Capitol and Oregon’s state agencies are the dominant employers, alongside Willamette Valley agriculture and food processing, Salem Health, and Willamette University. The market is renter-heavy (about 44 percent of households rent) and more affordable than Portland, with a median gross rent near $1,450 and a median household income around $75,000. For a landlord, the key point is that Salem applies Oregon’s statewide rent-control and just-cause rules but layers on none of Portland’s extra local ordinances. Eviction cases are filed as Forcible Entry and Detainer (FED) actions in the Marion 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 a Salem 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.

Salem, Marion & Polk 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. For 2026 that works out to 9.5 percent. 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 of a tenancy, and you must give at least 90 days’ written notice stating the new amount and the percentage. 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. Unlike Portland, Salem has no city relocation-assistance ordinance, no local tenant-screening (FAIR) ordinance, and no special municipal security-deposit rules. That makes compliance noticeably simpler here: you follow the statewide ORS Chapter 90 framework — rent cap, just cause, notice rules, and deposit timelines — without an extra city layer on top. It is one of the practical advantages of operating in Salem rather than the Portland metro.

Just-Cause Eviction After 12 Months (ORS 90.427). During the first 12 months of a tenancy you may end a month-to-month tenancy without cause on 30 days’ written notice. After 12 months, no-cause terminations are no longer available — you need a qualifying reason, either tenant-based (nonpayment, a lease violation) or a qualifying landlord reason (landlord/family move-in, sale to a buyer who will occupy, demolition, or major repairs). Landlord-reason terminations require 90 days’ notice and, for landlords who own more than four units, one month’s rent as relocation assistance. 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, so a nonpayment notice cannot be served until rent is at least four days late. You then serve a 10-day notice (allowed on or after the 8th day of the rental period) or a 13-day notice (allowed on or after the 5th day). 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 also dismiss the case if the tenant pays all rent owed, or if rental assistance is received, before judgment. You cannot evict for unpaid late fees alone, and accepting partial rent can invalidate your notice — so don’t accept a partial payment without a written nonwaiver agreement.

Two Counties — File in the Right Circuit. Most of Salem is in Marion County, but West Salem lies across the Willamette in Polk County. File your FED in the Circuit Court for the county where the property is actually located — Marion County Circuit Court for most of the city, Polk County Circuit Court (in Dallas) for West Salem properties. Filing in the wrong county will cost you time.

A Government-Anchored Tenant Base. Salem’s economy runs on state government, which gives it a deep base of stable, well-qualified tenants — state employees, plus healthcare and education workers, with seasonal demand around legislative sessions and the Willamette University and Chemeketa Community College calendars. The Willamette Valley’s agricultural and food-processing economy also brings seasonal labor. It is a steady rental market, but a price-sensitive one.

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 — as well as sexual orientation, gender identity, marital status, survivor status (domestic violence, sexual assault, stalking), and, under SB 599 (2025), immigration or citizenship status. Salem has a significant Latino community, so take particular care that national-origin and language differences never enter a screening or tenancy decision; 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. Salem 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 Marion and Polk county programs offer rent assistance. 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.

Marion County Circuit Court — Where Salem Landlords File

Salem landlords file FED (eviction) actions in the Marion County Circuit Court at the Marion County Courthouse, 100 High Street NE, Salem, OR 97301 — confirm the current filing location and FED procedures with the court before filing. For West Salem properties located in Polk County, file in the Polk County Circuit Court in Dallas 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.