If your landlord wants to terminate your tenancy, the landlord typically must give you some kind of written notice. The landlord must wait until the amount of time stated in the notice has passed before being able to get a court to evict you.
And if a court case is filed, you are entitled to notice and a hearing if you want to remain a tenant and if you believe you have legal defenses against an eviction. Your landlord may not get around this process by locking you out, or by shutting off your utilities or other essential services. Legal requirements for eviction notices vary depending on the type of tenancy you have. For example, an eviction notice for a month-to-month tenancy has different legal requirements than does a notice for a tenant with a lease for a specific time often six months or one year.
If you have a month-to-month tenancy, you pay rent once a month and your rental agreement continues until either you or your landlord ends it.
In the first year you are a tenant, to end a month-to-month tenancy, you or your landlord must give each other written notice. This notice can be given at any time, but it must allow for at least 30 days before the actual date of termination.
The notice must clearly state the date that the tenancy will end. In private rental housing, it is not necessary for either party to give a reason for ending the tenancy, although a landlord may not give such a notice for an illegal reason. A landlord may base a court eviction proceeding on a day notice given by a tenant. However, in some kinds of housing, including some government subsidized housing programs, a landlord cannot evict a tenant with a no-cause notice. Translate this page:. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you have a month-to-month tenancy, your landlord may not give you a no-cause eviction after the first year you are tenant, with some exceptions for certain owner occupied buildings or property. In cases where a landlord is entitled to give a no-cause eviction after the first year of tenancy, the notice requirement is generally 60 days, 90 days in Portland.
A landlord in a month-to-month tenancy may also give you a day eviction notice for cause. The cause for the notice must be either for not living up to your rental agreement or not complying with your duties set forth in the law.
The notice must tell you the reason for eviction and must say that the rental agreement will end at least 30 days after you get the notice. The time period to fix the problem in a manufactured dwelling facility is the full 30 days. If you do not fix the problem within the 14 days, or 30 days if you are a homeowner renting space in a facility, your landlord may file a court eviction case after the day notice period has gone by. If you do deal with the problem and your landlord is satisfied, your rental agreement will not end.
However, if the same problem happens again within six months of the first notice, your landlord can end the rental agreement with a day written notice that clearly states the problem and date of termination.
In a facility, the second notice must provide 20 days for the tenant to move out. In most kinds of housing, a landlord of a month-to-month tenancy may also attempt to evict you with a hour notice for not paying your rent. This may happen if you have not paid rent within 7 days of its due date. If you receive this type of notice, it must state that your landlord intends to end your rental agreement if you do not pay the rent within 72 hours. If you do not pay the rent within the 72 hours, your landlord may immediately file a court eviction proceeding.
In calculating the 7-day period, the day the rent is due counts. For example, if your rent is due on the first of the month, your landlord may give you a hour notice on the eighth of the month.
Your landlord may not evict you in 72 hours for non-payment of rent when the only money you owe is a late charge. In the alternative, your landlord can give you notice after four days that would give you hours to pay the rent. In a month-to-month rental agreement, your landlord can also issue a hour written notice to end your tenancy under very limited circumstances.
The law specifies the reasons. A landlord may not use a hour notice or otherwise attempt to evict someone for being the victim of a crime such as domestic violence, stalking, or sexual assault, however.
The landlord may give a hour notice to any person living in a house where the tenant had a written rental agreement that prohibits sub-leasing.
This is enforceable if the landlord has not taken rent from the person who is not covered by the rental agreement. A tenant who lied about criminal convictions on a rental application may, under limited conditions, get a hour notice. The valid parts of your lease will determine when it can be terminated or renewed.The first step in the Oregon Eviction Process is the landlord serving delivering the tenant with a proper Oregon Eviction Notice that fits their particular situation. Below are the different kinds of Eviction Notices in Oregon and when to use them:.
What if the landlord has served the proper notice, waited out the notice period, but the tenant is still in possession of the property? The landlord must now go to court and sue the tenant.
The landlord can go to justice court, small claims court, or circuit court for the jurisdiction where their property is located. The clerk will have a Complaint form for the landlord to fill out. There will be a filing fee.
The clerk will issue a Summons that says when the First Appearance Court date will be held. It will be held 7 days after the tenant receives the Summons and Complaint form. The court clerk will have the tenant served, usually by posting and mailing. If you are a landlord in Oregon, it is important to read and become familiar with this law. Tenants Information in Oregon. Landlords Help: Learn the eviction process. Landlords Help with Filing an Eviction. The Notice must be personally handed to the tenant, mailed to the tenant via regular first class mail adding 3 extra days to the notice to account for mailing timeor posted on the premises AND mailed.
It is highly recommended that the landlord serve the notice with a witness to prove it was served. The landlord should keep in mind that they will have to prove this notice was properly served.
The landlord must show up to the first appearance in order to win. If either party does not show up, the party that does show will likely win.
If the tenant does not show, the judge can order possession of the premises to the landlord. If both parties show up, they will be persuaded to see if there is a way to work out the dispute. If there is not a way to work it out, then a trial date will be set no later than 15 days from this First Appearance. The trial is where both sides have an opportunity to speak and present evidence to the judge. Either party can also demand a jury. Examples include a copy of the lease, a copy of the eviction notice, documents, rent receipts, NSF checks, photographs, witnesses, etc.
After hearing both sides, the judge will make a ruling. If the judge rules for the landlord, the judge will order the tenant to vacate the property by a certain date.
The Sheriff will then be directed to post this Notice of Restitution on the property, which gives the tenant 4 days to leave. If the tenant is not out at the end of the 4 days, then the Sheriff will meet the landlord at the property, remove the tenants, and allow the landlord to change the locks.
The landlord will have to give the tenant a few days to retrieve their belongings. If your landlord wants to terminate your tenancy, he or she typically must give you some kind of written notice. The landlord must wait until the amount of time stated in the notice has passed before being able to get a court to evict you. And if a court case is filed, you are entitled to notice and a hearing if you want to remain a tenant and if you believe you have legal defenses against an eviction.
Your landlord may not get around this process by locking you out, or by shutting off your utilities or other essential services. Legal requirements for eviction notices vary depending on the type of tenancy you have. For example, an eviction notice for a month-to-month tenancy has different legal requirements than does a notice for a tenant with a lease for a specific time often six months or one year.The Oregon eviction process provides for the steps a residential landlord must follow before legally evicting a tenant.
There are different Oregon eviction notice requirements based upon the reason for the eviction. Under no circumstances may a landlord evict a tenant in a manner that is not mandated in the Oregon eviction process and which does not involve court action. The tenant has one year to file suit. In a month-to-month tenancy, the landlord need only give a 30 Day Termination Notice without any cause for eviction. If the tenant has lived in the property for more than one year, the notice is days.
If the property is being sold to someone who plans to live there as a primary residence, it is days. For evictions based on a violation of the lease other than nonpayment of rent, the Oregon eviction notice is days, or days if the notice is mailed. If the violation is an ongoing one, such as having unauthorized persons, the notice can provide that the violation be remedied within days. If the tenant has been disturbing tenants, the landlord may advise the tenant to fix the problem immediately or an eviction suit will be filed.
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Having an unauthorized pet only requires a day notice to remove the pet. If the pet leaves but then returns, the notice must again be served but with no opportunity for the tenant to remain.
For nonpayment of rent, the landlord should use a 72 Hour Oregon Eviction Noticewhich can be served only after the rent is more than 7-days overdue. A lease agreement may allow the landlord to give hours notice to pay rent or move if the rent is more than 4-days overdue. A partial payment of the rent may be accepted without waiver of the eviction action by the landlord if the landlord states in writing that partial acceptance does not waive eviction.
Also, if the landlord returns the partial rent within 6-days of its receipt, it does not constitute acceptance or waiver of the eviction action. If it is repeated, the same notice must be given but the lease is considered terminated.
An outrageous activity is threatening injury to someone, causing substantial damage or engaging in illegal drug activity.Eviction Expungements in Oregon
The hour notice is also used for subleasing in violation of the lease. If the act constituting the violation is not serious, the notice period is either days or days if the tenancy is not a month-to-month. The rental agreement may permit notice to be given by posting and mailing.Chapter 90 Residential Landlord and Tenant. Applicability of other statutory lien, tenancy and rent provisions.
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord. Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy.
Rental agreements for occupancy of recreational vehicle in park. Receipt of rent without obligation to maintain premises prohibited.
Interest in alternative energy device installed by tenant. Prohibition on charging deposit or fee to enter rental agreement.
Criteria for landlord provision of certain recycling services. Effect of landlord noncompliance with rental agreement or obligation to maintain premises. Application of security deposit or prepaid rent after notice of foreclosure.
Tenant counterclaims in action by landlord for possession or rent. Effect of rental of dwelling in violation of building or housing codes. Acts or omissions justifying termination 24 hours after notice. Termination of rental agreement for drug or alcohol violations. Taking possession of premises from unauthorized possessor. Termination of tenancy for certain rented spaces not covered by ORS Claims for possession, rent, damages after termination of rental agreement. Termination of tenant committing criminal act of physical violence.
Termination by tenant who is victim of domestic violence, sexual assault or stalking. Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking.
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking. Right of city to recover from owner for costs of relocating tenant due to condemnation.
Termination by tenant called into active state service by Governor. Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration.
Prohibited acts in anticipation of notice of conversion to condominium. Prohibited acts following notice of conversion to condominium. Disclosure to prospective tenant of improvements required under rental agreement. Model statement for disclosure of improvements required under rental agreement. Unreasonable conditions of rental or occupancy prohibited. Conversion of billing method for garbage collection and disposal.
Allocated charges for utility or service provided directly to space or common area. Additional charge for cable, satellite or Internet services. Conversion of billing method for utility or service charges. Utility or service charge billing for large manufactured dwelling parks.
Termination of tenancy due to physical condition of manufactured dwelling or floating home. Conversion of manufactured dwelling park to planned community subdivision of manufactured dwellings. Notice of tax provisions to tenants of closing manufactured dwelling park.Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Oregon and understand their responsibilities.
It is always difficult to provide a simple answer to the question of how much time it will take to evict a tenant. This is no less so when considering the amount of time it will take to evict a tenant in the state of Oregon. The amount of time provided to the tenant to remedy a violation to the terms or the rental agreement, pay rent, or move from the rental property will vary depending upon the reason the landlord is seeking to reclaim the property. Notices may be provided to the tenant by personal delivery.
If the written lease or rental agreement indicates that notices may be provided through posting or mailing, these methods may also be used. If the notice is provided to the tenant through posting or mail, three days must be added to the time allowed to the tenant to pay rent, remedy a violation to the terms of the lease, or move from the property in the written notice.
Once the time allowed in the written notice has expired, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
The legal process for an eviction requires a minimum of one court date. Mediation will be offered to the parties at this time, and often an agreement may be made making a second hearing unnecessary.
If a second court date is required, it will generally be within 15 days of the initial court date. Clearly, the time required to issue a notice and support two court dates can be fairly extensive.
The state of Oregon has established a list of legitimate reasons for which a landlord may seek to evict a tenant. These reasons include:. The amount of time the landlord is required to provide the tenant to correct the issue or vacate the rental property will depend upon the reason the landlord is considering an eviction.
If the tenant fails to pay the rent within the time indicated in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court. This notice must identify the violation and provide the tenant with at least one option to cure the situation.
The notice must also identify a date at least 14 days from the delivery date to have the issue resolved. If the tenant fails to remedy the situation in the time allowed, the tenant must vacate the rental property within 30 days.
If the tenant remains after the 30 days allowed, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
If the violation occurs a second time in six months, the landlord is not required to offer the tenant the option to cure the issue and may provide the tenant with a Day Notice to Quit O. If the tenant fails to vacate the rental property within the 10 days provided, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
In certain situations a landlord in the state of Oregon is allowed to provide a tenant with a Hour Unconditional Notice to Quit O. The situations in which a landlord may provide a Hour Unconditional Notice to Quit include:. If the tenant remains on the rental property beyond the 24 hours provided, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
To do this the landlord must first provide the landlord with a Day Notice to Terminate O. If the tenant remains on the rental property beyond the 30 days provided in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
It should be noted that if the tenant has been renting without the benefit of a written lease for a year or more, the landlord must have a legitimate reason to seek an eviction. The landlord may file a Summons and Complaint with the court.
The clerk of court will schedule a court date for between seven and 10 days from the filing date for the first court date.Renters who will be financially impacted by the coronavirus due to missing work voluntarily or otherwiseor their businesses not being patronized -- as is the case for many locally owned Asian restaurants, should not have to face this public health crisis while dealing with the stress of an eviction or hour notice.
Even if non-payment is not coronavirus related, evictions for non-payment of rent directly increase our houseless population, which we expect to be disproportionately impacted by the coronavirus.
We must take bold action immediately. Landlords must not post hour notices, nor file evictions for non-payment of rent until this crisis has been abated. They must accept partial payment of rent and agree to make payment arrangements once the situation has stabilized.
Elected leaders must call on landlords to honor this demand, and take all necessary measures to halt all non-payment of rent evictions, ideally before they are even filed.
The vast majority of evictions are NOT long and costly processes, they are the fastest civil legal procedure behind getting a restraining order, especially for non-payment of rent if the tenant doesn't have any reason to withhold which requires carefully following several steps to be protected from eviction.
The consequences to the renter, whose greatest crime is being poor or having a financial emergency, are significant. This is economic violence, even when we aren't dealing with a major public health emergency.
But if we want to contain this virus and reduce the number of people who are critically ill, we must allow people to stay home from work when they need to without worrying about how they'll be able to pay their rent.
No one is better off if people who should be staying home are coming to work, we need to do everything we can to make sure they don't have to. MoveOn Civic Action does not necessarily endorse the contents of petitions posted on this site. MoveOn Petitions is an open tool that anyone can use to post a petition advocating any point of view, so long as the petition does not violate our terms of service.
Like This Flag as Inappropriate Permalink. If the payment plan is a hardship the FEMA support should be requested again from the White House to reimburse those payments to landlords. Teressa R. This must take place Kevin W. Read more.Please note: These resources are primarily aimed at low-income tenants.
This video explains Oregon's Senate Billthe law that limits rent increases and no-cause evictions throughout Oregon. Content Detail. The Oregon Legislature passed new laws to protect more renters on February 28, Read more about it here.
Read More. Information about requesting accommodation for disabilities in order to use the state court system's services or facilities. Information on application fees and security deposits. An excerpt from the Landlord-Tenant Law in Oregon community education booklet.
Information about how renters can use small claims court when there are problems with the landlord. A link to the Oregon Department of Justice page with various garnishment forms, including a Challenge to Garnishment form. The law protects tenants from some types of discrimination. Find out more here. How a new fair housing law, 'disparate unequal impact', may affect tenants and landlords in Oregon.
Information about when a landlord can and cannot enter your rental unit. An excerpt from the Landlord-Tenant Law in Oregon booklet Information about what the landlord can and cannot do to evict a tenant.
Oregon Leaders: Declare a Moratorium on Evictions during Coronavirus Emergency!
Information about what happens when your landlord takes you to court to evict you. How a landlord must give a termination eviction notice to a tenant and what kinds of notices may be given.
Read here for more information. Beginning January 1,the State of Oregon has a process to expunge records of some past evictions.
Expungement means that the eviction record is erased. This resource explains expungement and the process tenants go through to expunge an eviction record. Use this map to find the local legal aid office near you.