HomeRocketRent Logo

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. 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. If the tenant fails to comply, the landlord may proceed with legal action to evict them through the court system.

Oregon Eviction Notice

Oregon Eviction Notice

Types of Oregon Eviction Notices

Oregon law recognizes several types of eviction notices, each associated with specific grounds for eviction and required notice periods:

  1. 24-Hour Notice to Quit:

    Used for illegal activity or imminent danger. The tenant must vacate within 24 hours.

  2. 72-Hour Notice to Pay Rent or Quit:

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

  3. 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 is considered late.

  4. 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.

  5. 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.

  6. 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.

  7. 4-Day Notice to Vacate:

    For repeat lease violations in week-to-week tenancies, requiring the tenant to vacate within 4 days.

  8. 10-Day Notice to Vacate:

    For repeat lease violations in fixed-term tenancies, allowing 10 days to vacate.

  9. 30-Day Notice to Quit:

    Used for falsification of rental applications, requiring the tenant to vacate within 30 days.

  10. 30-Day Notice of Termination of Tenancy:

    For terminating a month-to-month lease, giving the tenant 30 days to vacate.

  11. 60-Day Notice of Termination of Tenancy:

    For terminating yearly periodic tenancies or month-to-month tenancies over one year, requiring 60 days’ notice.

Grounds for Eviction

Landlords in Oregon may evict tenants for various reasons, including:

  • Nonpayment of rent.
  • Violations of lease terms.
  • Material damage to property.
  • Nuisance behavior affecting other tenants.
  • Illegal activities conducted on the property.
  • Expiration of lease agreements.

Notice Periods

The required notice periods vary based on the type of tenancy and the reason for eviction:

  • Week-to-Week Tenancies: 72 hours for nonpayment, 7 days for first lease violations, and 4 days for repeat violations.
  • Month-to-Month Tenancies: 144 hours for nonpayment, 30 days for lease violations, and 60 days for longer-term tenancies.
  • Fixed-Term Leases: 10 days for repeat violations and 30 days for falsification of rental applications.

Eviction Process

The eviction process in Oregon involves several steps:

  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.

  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.

  3. Serve Complaint and Summons: The landlord must serve the tenant with the filed complaint and summons, informing them of the eviction lawsuit.

  4. Attend Court Hearing: Both the landlord and tenant will present their cases in court. If the tenant fails to appear or the court rules in favor of the landlord, a judgment will be issued.

  5. Obtain Judgment: If the landlord wins, they can obtain a Notice of Restitution, allowing them to proceed with the eviction.

  6. Removal of Tenant: If the tenant does not vacate after the judgment, the landlord can request the sheriff to forcibly remove the tenant.

The eviction process and requirements in Oregon are governed by various sections of the Oregon Revised Statutes, including ORS § 90.392, ORS § 90.396, ORS § 90.398, and ORS § 105.110.

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

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.