Oregon Eviction Notice

An Oregon eviction notice is a formal document that a landlord provides to a tenant to inform them of a lease violation or noncompliance with the rental agreement. Furthermore, this notice outlines the reason for the eviction and specifies the time frame within which the tenant must remedy the situation or vacate the property. Additionally, if the tenant fails to comply, the landlord may proceed with legal action to evict them through the court system.

Types of Oregon Eviction Notices

Oregon law recognizes several types of eviction notices, each associated with specific grounds for eviction and required notice periods. Moreover, understanding these distinctions helps landlords choose the appropriate legal approach for their specific situation.

Emergency Notices (24-72 Hours)

24-Hour Notice to Quit

Used for illegal activity or imminent danger. Therefore, the tenant must vacate within 24 hours due to the serious nature of these violations.

72-Hour Notice to Pay Rent or Quit

Applicable for week-to-week tenancies when rent is unpaid. Consequently, the tenant has 72 hours to pay the overdue rent or vacate the premises.

Short-Term Notices (144 Hours – 10 Days)

144-Hour Notice to Pay Rent or Quit

For month-to-month tenancies, this notice allows the tenant 144 hours (6 days) to pay rent after it becomes late. Additionally, this extended timeframe reflects the longer-term nature of monthly rental agreements.

7-Day Notice to Cure or Vacate

For first lease violations in week-to-week tenancies, giving the tenant 7 days to remedy the violation. Therefore, this notice provides tenants with a reasonable opportunity to address correctable issues.

10-Day Notice to Cure or Vacate

Issued when a tenant has a pet on the premises without permission, requiring removal of the pet within 10 days. However, this specific notice type addresses unauthorized pet situations.

4-Day Notice to Vacate

For repeat lease violations in week-to-week tenancies, requiring the tenant to vacate within 4 days. Consequently, this shorter timeframe reflects the tenant’s previous noncompliance.

10-Day Notice to Vacate

For repeat lease violations in fixed-term tenancies, allowing 10 days to vacate. Furthermore, this notice type applies to more serious repeat violations in longer-term agreements.

Long-Term Notices (30-60 Days)

30-Day Notice to Cure or Vacate

For first lease violations in fixed-term or month-to-month tenancies, allowing 30 days to vacate, with 14 days to cure the violation. Moreover, this extended timeframe provides adequate opportunity for correction.

30-Day Notice to Quit

Used for falsification of rental applications, requiring the tenant to vacate within 30 days. Additionally, this notice type addresses serious deception in the rental process.

30-Day Notice of Termination of Tenancy

For terminating a month-to-month lease, giving the tenant 30 days to vacate. Therefore, this provides adequate time for tenants to find alternative housing arrangements.

60-Day Notice of Termination of Tenancy

For terminating yearly periodic tenancies or month-to-month tenancies over one year, requiring 60 days’ notice. Consequently, this extended period reflects the longer-term nature of these rental relationships.

Grounds for Eviction

Landlords in Oregon may evict tenants for various reasons, each requiring specific notice procedures. Furthermore, understanding these grounds helps ensure proper legal compliance throughout the eviction process.

Common Eviction Grounds

Oregon law recognizes several valid reasons for eviction:

Nonpayment of rent: The most common ground for eviction proceedings. Additionally, this covers situations where tenants fail to pay rent by the due date.

Violations of lease terms: Covers various breaches of the rental agreement. Moreover, these violations can range from minor issues to serious infractions.

Material damage to property: Includes significant damage beyond normal wear and tear. Therefore, this ground protects landlords’ property investments.

Nuisance behavior affecting other tenants: Covers disruptive activities that interfere with other residents’ peaceful enjoyment. Consequently, this maintains community standards in rental properties.

Illegal activities conducted on the property: Includes criminal behavior that poses risks to the property or other tenants. Furthermore, this ground allows for immediate action in dangerous situations.

Expiration of lease agreements: Covers situations where fixed-term leases naturally conclude. Additionally, this provides a clear termination path for expired agreements.

Notice Periods

The required notice periods vary based on the type of tenancy and the reason for eviction. Moreover, understanding these timeframes ensures proper legal compliance and protects both landlords and tenants.

Week-to-Week Tenancies

Nonpayment: 72 hours for rent-related issues. Therefore, this brief timeframe emphasizes the urgency of payment in short-term arrangements.

First Lease Violations: 7 days for initial violations. Additionally, this provides reasonable time for correction in weekly agreements.

Repeat Violations: 4 days for subsequent violations. Consequently, this shorter period reflects the tenant’s previous noncompliance.

Month-to-Month Tenancies

Nonpayment: 144 hours for rent-related issues. However, this extended timeframe reflects the longer-term nature of monthly agreements.

Lease Violations: 30 days for various violations. Furthermore, this provides adequate time for correction in monthly arrangements.

Longer-Term Tenancies: 60 days for tenancies over one year. Therefore, established relationships receive additional protection.

Fixed-Term Leases

Repeat Violations: 10 days for subsequent violations. Additionally, this timeframe balances tenant rights with landlord protection.

Application Falsification: 30 days for deceptive practices. Consequently, this serious violation requires adequate time for tenant departure.

Eviction Process

The eviction process in Oregon involves several sequential steps that landlords must follow precisely. Furthermore, each step builds upon the previous one to create a comprehensive legal framework.

Initial Notice Phase

Step 1: Provide Notice to Tenant

The landlord must deliver the appropriate eviction notice to the tenant, specifying the reason for eviction and the time allowed to remedy the situation or vacate. Additionally, this initial step establishes the legal foundation for potential court proceedings.

Court Filing Phase

Step 2: File Complaint and Summons

If the tenant does not comply with the notice, the landlord may file a Residential Eviction Complaint and a Summons with the local Circuit Court, along with a filing fee. Subsequently, this formal legal action begins the court process.

Step 3: Serve Complaint and Summons

The landlord must serve the tenant with the filed complaint and summons, informing them of the eviction lawsuit. Therefore, this ensures proper legal notification of the court proceedings.

Legal Proceedings Phase

Step 4: Attend Court Hearing

Both the landlord and tenant will present their cases in court. Moreover, if the tenant fails to appear or the court rules in favor of the landlord, a judgment will be issued in the landlord’s favor.

Judgment and Enforcement Phase

Step 5: Obtain Judgment

If the landlord wins, they can obtain a Notice of Restitution, allowing them to proceed with the eviction. Consequently, this legal authorization provides the foundation for enforcement action.

Step 6: Removal of Tenant

If the tenant does not vacate after the judgment, the landlord can request the sheriff to forcibly remove the tenant. Therefore, this final step ensures compliance with the court’s decision through official enforcement mechanisms.

Legal Citations

The eviction process and requirements in Oregon follow specific statutory guidelines. Furthermore, these legal references provide the comprehensive framework for all eviction procedures.

Primary Legal Framework

Oregon Revised Statutes govern the eviction process through several key sections. Additionally, these statutes include ORS § 90.392, ORS § 90.396, ORS § 90.398, and ORS § 105.110. Therefore, landlords should reference these specific sections for detailed legal requirements.

Statutes

ORS § 90.300 – Security deposits; prepaid rent
ORS § 90.220 – Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment
ORS § 90.260 – Late rent payment charge or fee; restrictions; calculation
ORS § 90.302 – Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies
ORS § 90.365 – Failure of landlord to supply essential services; remedies
ORS § 90.368 – Repair of minor habitability defect
ORS § 90.255 – Attorney fees
ORS § 90.410 – Effect of tenant failure to give notice of absence; absence; abandonment
ORS § 90.453 – Release of victim from tenancy; victim verification statement
ORS § 90.459 – Change of locks at request of victim
ORS § 90.385 – Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases
ORS § 90.228 – Notice of location in 100-year flood plain
ORS § 90.396 – Acts or omissions justifying termination 24 hours after notice
ORS § 90.398 – Termination of tenancy for drug or alcohol violations
ORS § 90.392 – Termination of tenancy for cause; tenant right to cure violation
ORS § 90.394 – Termination of tenancy for failure to pay rent
ORS § 90.427 – Termination of tenancy without tenant cause; effect of termination notice
ORS § 91.060 – Tenancy from year to year
ORS § 91.070 – Tenancy from month to month
ORS § 91.080 – Termination when expiration of tenancy fixed by terms of lease
ORS § 90.323 – Maximum rent increase; exceptions; notice
ORS § 90.295 – Application Fees
ORS § 90.322 – Landlord or agent access to premises; remedies
ORS § 90.340 – Entry Allowed During Tenant’s Extended Absence
ORS § 90.375 – Effect of unlawful ouster or exclusion; willful diminution of services
ORS § 90.155 – Service or delivery of written notice
Or. Rev. Stat. § 90.305 – Disclosure of certain matters; retention of rental agreement; inspection of agreement
Or. Rev. Stat. § 90.320 – Landlord’s Duties
Or. Rev. Stat. § 90.325 – Tenant’s Duties

FAQs

Oregon offers several types of eviction notices, including the 72-Hour Notice to Quit for nonpayment of rent in week-to-week tenancies, the 144-Hour Notice to Quit for month-to-month tenancies, and various notices for lease violations such as the 7-Day Notice to Comply or Vacate and the 30-Day Notice to Comply or Vacate. Each notice has specific requirements and timeframes depending on the situation.

In Oregon, landlords can serve an eviction notice through hand delivery, first-class mail, or by posting it at the tenant’s premises if agreed in writing. If using mail, the notice period is extended by three days to account for delivery times.

If a tenant does not comply with an eviction notice in Oregon, the landlord can file an eviction lawsuit, known as a Forcible Entry and Detainer lawsuit, in the local Circuit Court. The landlord must provide copies of the eviction notice served to the tenant.

For nonpayment of rent in Oregon, landlords must provide a 72-Hour Notice for week-to-week tenancies, and a 10-Day Notice for month-to-month or fixed-term tenancies. The notice for month-to-month tenancies can start from the eighth day of the rental period.

Yes, a landlord can evict a tenant for lease violations in Oregon. Depending on the nature of the violation, the landlord may issue a 30-Day Notice to Comply or Vacate, allowing the tenant 14 days to remedy the situation, or a 10-Day Notice for repeat violations, which does not allow for correction.

To terminate a month-to-month lease in Oregon, a landlord must provide a 30-Day Notice if the tenant has lived in the property for less than a year. For tenants who have resided for over a year, a 60-Day Notice is required.

An Oregon eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s printed name and signature. It should also specify the method of delivery and the date it was served.

The eviction process in Oregon can vary in duration based on the notice period required and whether the tenant contests the eviction. Generally, after the notice period, if the tenant does not vacate, the entire process can take anywhere from 2 to 8 weeks, depending on court schedules and tenant responses.