Oregon eviction notices give tenants a written warning that their lease will be terminated and they will be evicted if they do not comply with the landlord’s terms within a set number of days. The document states the reason for the termination, how many days the tenant has to move out, and how the tenant can remedy the situation to retain their lease (if applicable). In certain cases, the tenant will have no option to remedy the situation and will be required to move out before the notice expires to avoid eviction.
3-Day Notice to Quit for Non-Payment – Served on tenants when their rent payment is eight (8) days late and gives them three (3) days to pay or quit.
6-Day Notice to Quit for Non-Payment – An alternative notice for non-payment that is served five (5) days after rent is due and gives the tenant six (6) days to pay the amount owed or move out.
30-Day Notice to Quit for Non-Compliance – Gives a tenant fourteen (14) days to cure a lease violation or thirty (30) days to quit the premises.
10-Day Notice to Quit for Non-Compliance – Gives a tenant ten (10) days to move out for a repeated violation of their lease.
30-Day Notice to Terminate Month-to-Month – This form can be used by either the landlord or tenant to terminate a monthly rental agreement with thirty (30) day’s notice to the other party. However, after a monthly tenancy has endured passed one (1) year, the landlord cannot use this notice and must provide cause if they wish to terminate the tenancy.
24-Hour Notice to Quit for Illegal Activity – If a tenant engages in illegal activity on their rental property, their landlord can use this form to serve them with twenty-four (24) hours’ notice to terminate their lease.
- Grace Period (§ 90.260(1)(a)): Four (4) Days
- Non-Payment of Rent (§ 90.394(2)): Three (3) or Six (6) Days
- Lease Non-Compliance (§ 90.392(3)(b)): Thirty (30) Days
- Periodic Tenancy Termination (§ 90.427(3)(b)): Thirty (30) Days
- Illegal Activity (§ 90.396(1)): Twenty-four (24) Hours
- Intentional Damage to the Property (§ 90.396(1)(d)): Twenty-four (24) Hours
In Oregon, landlords must carefully follow state guidelines when terminating tenancies and evicting tenants because any wrongful action on their part can result in legal penalties. Notices to quit can only be served under the appropriate circumstances and within the legal time frame. For instance, if a notice to quit is delivered by mail, the landlord must add an additional three (3) days to the notice period and in non-payment cases, the landlord must wait for the rent to be overdue by five (5) to eight (8) days before giving the tenant notice. In the event that an eviction case (also known in the state as a “Forcible Entry and Detainer” or “FED”) does go to trial, it’s recommended for the landlord to consult a lawyer before appearing in court to ensure that they follow court rules.
Step 1 – Download and Complete Notice to Quit
When a landlord wishes to terminate a tenancy, they must start by serving the tenant a notice to quit. Notices to quit for non-payment of rent, lease violation, termination of a monthly lease, and illegal activity are provided below. By downloading and filling out the appropriate form, the landlord can give the tenant written notice. Landlords must follow state guidelines regarding valid grounds and notice periods for terminating a lease.
- 3-Day Notice to Quit for Non-Payment – Must be served at least eight (8) days after rent is past due.
- 6-Day Notice to Quit for Non-Payment – Must be served at least five (5) days after rent is past due.
- 30-Day Notice to Quit for Non-Compliance – Only requires ten (10) day’s notice for a second offense in a six (6) month period.
- 10-Day Notice to Quit for Non-Compliance – No opportunity to cure for a second lease violation.
- 30-Day Notice to Terminate Month-to-Month – Landlord cannot terminate an agreement after one (1) year has passed.
- 24-Hour Notice to Quit for Illegal Activity – If a tenant engages in illegal activity, their lease will be terminated and they must move out within twenty-four (24) hours.
Step 2 – Deliver Notice to Tenant
The landlord is required to serve the notice to quit on the tenant in accordance with state statute § 90.155. This law requires that the document is delivered by hand or first class mail. In some circumstances, the lease may require that the landlord posts the notice on the property with an additional copy sent by first class mail. If the notice is delivered by mail, the notice period for compliance or termination of tenancy must be extended by three (3) days.
Step 3 – Complaint and Summons
If the notice period ends and the tenant has not moved out or fulfilled the terms of the notice to quit, the landlord may begin legal action to have them evicted. To file a Forcible Entry and Detainer lawsuit, the landlord must fill out a Residential Eviction Complaint and Summons. In the Complaint, the landlord will be required to write an explanation of their case and provide the addressee information of themself and the tenant. In the Summons form, the landlord need only complete their personal information, as well as the veteran’s service and community action contact information sections.
Step 4 – File Complaint and Summons
To begin legal action the landlord must assemble the following documents and file them with the Clerk of the Circuit Court associated with the county in which the rental property is located:
- A copy of the expired notice to quit
- Three (3) copies of the Eviction Complaint
- Eviction Summons
The current filing fee for an Eviction Complaint is $88 (see Circuit Court Fee Schedule > FED Residential Return of Personal Property for all associated fees).
Step 5 – Serve Complaint and Summons
After the forms have been filed, the Complaint and Summons must be served on the tenant. However, the landlord cannot be the person to deliver the documents. The service will need to be completed by the sheriff’s office, private process server, or an Oregon resident who is at least eighteen (18) years old and not a party to the case, who delivers the document by hand to the tenant. If the tenant is unavailable, the server will need to post the documents on the front door of their rental unit. The Complaint describes the landlord’s case against the tenant and the Summons relays the date and location of the initial hearing where the tenant is ordered to appear.
Step 6 – First Appearance
At the first hearing, the court will mediate the conflict between the landlord and the tenant for them to reach a mutual agreement for the termination or continuance of the tenancy. In the event that both parties can come to a resolution, the case will be dismissed. If the tenant does not arrive at the court on-time, the court will likely record a verdict in the landlord’s favor.
Step 7 – Defendant’s Answer
If no agreement was made at the initial hearing and the tenant chooses to oppose the case, they must file an Answer to a Residential Eviction with the court. Once the Answer form has been filed, a copy will be delivered to the landlord by the Court Clerk and a second trial date will be set.
Step 8 – Trial
The trial will be presided over by a Judge who will call upon both parties to present testimony and evidence to support their side of the dispute. If either the landlord or the tenant requested a jury trial, a jury will be present to hear the case as well. After the court has reached a verdict, they will record a decision in favor of either the landlord or the tenant (Residential Eviction General Judgment & Money Award). If the tenant wins, the case will be dismissed and the landlord may be required to pay the tenant’s court fees. If the landlord prevails, the court will order the tenant to move out and pay any damages granted to them.
Step 9 – Writ of Execution
If the tenant does not move out after losing an eviction lawsuit, the landlord can request a Writ of Execution that the court will forward to the local sheriff’s office. Once the sheriff has received the Writ, they will set a time to physically remove the tenant from the landlord’s property.
- Residential Eviction Complaint
- Signing: Landlord/Agent
- Residential Eviction Summons
- Signing: Landlord/Agent
- Residential Eviction General Judgment & Money Award
- Signing: Judge and Server
- Answer to a Residential Eviction
- Signing: Tenant
- Chapter 90 – Residential Landlord and Tenant
- Chapter 105 – Actions for Recovery of Real Property
- Instructions for Landlords
- Instructions for Tenants
- Oregon Judicial Branch – Landlord and Tenant
- Oregon Judicial Branch – Residential Eviction (Coos and Curry County)
- Oregon State Bar – Landlord and Tenant Law
- Oregon State Bar – Residential Eviction Notices
- Portland Landlord-Tenant Law Training