The Oregon eviction notice is a document that notifies the tenant that they have committed a violation that is considered a reason for the eviction and that they must vacate the property within a certain period of time.
In some cases, the landlord can allow the tenant to fix the violation they’ve committed and stop the eviction process.
If the tenant doesn’t fix the violation or leaves the property, the landlord can move forward and initiate the eviction procedure before the court by filing an eviction lawsuit.
Types of Eviction Notice in Oregon
There are different types of eviction notices in Oklahoma. The landlord uses different types depending on the type of lease and the reason for the eviction.
Notice to Pay Rent or Quit
If the tenant is late with the rent payment, the landlord has a few options for eviction:
Notice to Pay Rent or Quit
They can issue a 72h eviction notice after giving the tenant an 8-day grace period after the rent is due.
They can issue a 144h eviction notice after a 5-day grace period.
For a week-to-week tenancy, they can issue 72h eviction notice after a 5-day grace period.
Notice for Non-Compliance
The landlord can evict the tenant for violating the lease agreement terms or the Oregon landlord-tenant laws.
The landlord must give the tenant 14 days to fix the violation or 30 days to leave the property. When it comes to the week-to-week tenancy, the landlord must give the tenant four days to resolve the issue or seven days to move out.
Notice for an Unpermitted Pet
The tenant in Oregon can be evicted for keeping an unpermitted pet at the leased unit. The landlord must give the tenant an opportunity to fix the issue or leave the property.
If the damage the pet caused was minor, the landlord must give the tenant at least ten days' notice. If the violation is substantial, the landlord can give a minimum of 24 hours notice to fix the issue or leave the property.
Notice for Illegal Activity
If the tenant commits illegal activity at the leased unit, the landlord can issue an eviction notice, giving them 24 hours to leave the property. In this case, the landlord is not obliged to allow the tenant to fix the violation and stop the eviction.
Notice to Terminate the Month-to-Month Lease
If the tenant remains at the leased property after the lease term is over or if there is no lease term set, like with a week-to-week or month-to-month tenancy, the landlord can evict the tenant without providing the reasons for the eviction.
However, the landlord must give the tenant advance notice to leave the property. With a month-to-month tenancy, the landlord must give the tenant at least 30 days advance notice to leave the property.
Eviction Laws and Requirements in Oregon
Laws & Requirements
Rent Payment Grace Period: 4 days. (§ 90.260(1)(a))
Notice for Rent Non-Payment: 72 hours or 144 hours. (§ 90.394(2))
Notice for Non-Compliance: 14 days. (§ 90.392)
Periodical Lease Termination: 30 days for the month-to-month lease. (§ 90.427)
Eviction Procedure: (§ 105.005–105.168)
When is Rent Late in Oregon?
In Oregon, there is a 4-day grace period for the rent payment. That means that if the rent payment due date is the first of the month, the rent will be late as of the fifth day of the month.
Usually, the parties agree upon and include the rent payment due date in the lease agreement. If nothing is provided in the lease agreement, the due date is considered to be the first day of each rental period (the first day of the week or the first day of the month).
Grounds for Eviction in Oregon
The landlord can evict the tenant in Oregon for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent on time
In case the tenant violates the lease agreement
If the tenant violates the Oregon landlord-tenant law
In case the tenant keeps an unpermitted pet at the property
If the landlord wishes to terminate the periodic (week-to-week or month-to-month) lease
Eviction Process in Oregon
This process can have a different number of steps depending on the tenant's actions and their willingness to fight the eviction.
#1. Write a Notice
The landlord will first issue the eviction notice to the tenant, allowing them to voluntarily remedy the violation or leave the property. The eviction notice must provide the reasons for the eviction, ways in which the tenant can remedy the violation (optionally), and a deadline by which the tenant must leave the property.
#2. File the Complaint
If the tenant fails to comply with the request in the eviction notice, the landlord can move forward and file an eviction lawsuit. They will do so by submitting the complaint form and paying the $88 filing fee. The court will then review the lawsuit, schedule the date for the court hearing, and forward the summons and supplementary documents to the tenant.
#3. Serve the Tenant
The sheriff's office or other relevant body will serve the summons on the tenant. The tenant will then have the opportunity to become familiar with the landlord’s claims and get informed about the date and time of the court hearing. The tenant will also have the opportunity to submit the Answer Form and provide their arguments before the court hearing.
#4. Wait for Court’s Judgment
The first hearing must be scheduled within seven days after the landlord has submitted the complaint form and paid the filing fee. If the tenant fails to appear before the court for the first hearing, the court will issue a default judgment in the landlord's favor.
If both parties appear, the court will hold the hearing and make the judgment according to the presented arguments.
If the court makes a decision in the landlord’s favor, the landlord can request that the court issue a Writ of Execution.
Other Eviction-Related Forms in Oregon
Here, you can find the forms that are used in the eviction process in Oregon:
Other Eviction-Related Forms
Residential Eviction Complaint: The landlord can use this form to initiate the eviction procedure before the court. It contains basic information about the landlord, the tenant, and the landlord’s claim.
Residential Eviction Summons: This document informs the parties of the date and time of the eviction hearing and the basic case-related information.
Answer to a Residential Eviction: The tenant can use this form to provide the court with their arguments and to respond to the arguments of the landlord.
Residential Eviction General Judgment: The court will issue this form after the court hearings to convey their judgment.
Eviction Information for Landlords in Oregon
The landlord in Oregon cannot use illegal methods when evicting the tenant. If found liable, the landlord can be obliged to pay the tenant two months' rent or twice the actual damages, whichever is greater.
The illegal eviction methods include:
Eviction Information for Landlords
Initiating the eviction as a retaliatory or discriminatory measure against the tenant
Evicting the tenant without providing the proper eviction notice
Shutting off the essential utilities at the property
Changing the locks at the property
Removing the tenant's belongings from the property
Eviction Information for Tenants in Oregon
When receiving the eviction notice, the tenant should make sure it fulfills the following requirements:
Eviction Information for Tenants
It includes the proper reason for eviction, as provided by the Oregon landlord-tenant law
It gives the tenant an option to remedy the violation and stop the eviction (if applicable)
It gives the tenant a minimal amount of days to leave the property, as provided by the Oregon landlord-tenant law
For additional information about the fair housing laws in Oregon, tenants can refer to the Fair Housing Council of Oregon.
How to Write an Eviction Notice in Oregon
Oregon Eviction Notice Checklist
Oregon Eviction Notice FAQ
The landlord can file an eviction lawsuit in Oregon for the following reasons:
If the tenant fails to pay the rent on time
In case the tenant violates the lease agreement or the Oregon landlord-tenant law
If the tenant keeps an unpermitted pet at the property
In case the tenant engages in illegal activity at the property
If the landlord wants to terminate the periodic lease
You need an eviction notice in Oregon because the Oregon landlord-tenant law requires the landlord to submit the eviction notice to the tenant before filing an eviction lawsuit.
In Oregon, this process can take between 2 and 8 weeks, depending on the reason for the eviction and the actions of the tenant in the eviction process.
A 3-day eviction notice is legal in Oregon only when the reason for eviction is an illegal activity or, in some cases, rent non-payment.