Oregon eviction law

To end a month-to-month or fixed-term tenancy for unpaid rent, deliver either at least 10 days' written notice served no sooner than the eighth day of the rental period, or at least 13 days' written notice served no sooner than the fifth day, counting the rent due date as day one. The notice must state the amount to pay and the date and time by which paying it cures the nonpayment. In a week-to-week tenancy the notice is 72 hours, served no sooner than the fifth day.

ORS 90.394 ORS 90.395

• With every nonpayment termination notice, include a copy of the rental assistance notice the Oregon Judicial Department posts. A court dismisses the case if you did not, if you caused the tenant not to pay, or if rental assistance or other payment covering the amount was tendered. ORS 90.395
• Every termination notice must also include the information for veterans that ORS 408.515 requires. ORS 90.391
• A notice sent only by first class mail adds three days to the period, and the notice must include them. Days are counted as consecutive calendar days, not counting the day of service, through 11:59 p.m. of the last day. ORS 90.155(2) ORS 90.160(1)
• You may note a late charge on the notice only if it makes clear the tenant can cure by paying the rent alone. ORS 90.260(6)
• Accepting part of the rent waives termination for nonpayment unless the statute's conditions are met, such as a written agreement made after the notice. ORS 90.417(4)

For a material violation of the rental agreement or the tenant's statutory duties, give written notice describing the violation and ending the tenancy on a date at least 30 days after delivery. If the tenant can cure it, the notice must say so, describe a way to cure, and give a cure date at least 14 days after delivery; a cured violation does not end the tenancy. For a separate, one-time act that is not ongoing, the cure date may be the day the notice is delivered.

ORS 90.392(3) ORS 90.392(4)

• If substantially the same violation recurs within six months after an earlier notice, a new notice may end the tenancy on at least 10 days' notice, with no right to cure. This does not apply when the only violation is failing to pay the current month's rent. ORS 90.392(5)
• In a week-to-week tenancy the periods are seven days to terminate, four days to cure and four days for a repeat. ORS 90.392(6)
• For serious acts, such as seriously threatening or inflicting substantial personal injury, intentionally causing substantial damage, or acts outrageous in the extreme, 24 hours' written notice is enough. ORS 90.396
• You waive the right to terminate for a violation if you accept rent with knowledge of it during three or more rental periods, unless you gave the written warning notice the statute describes or another listed exception applies. ORS 90.412

After a valid termination notice expires, recover possession through a forcible entry and detainer action in the circuit court, or before a justice of the peace, of the county where the property is. The filing fee is $88, and the first appearance is set seven days after the judicial day following payment of the fee, or 15 days for a nonpayment case. A possession judgment requires a separate restitution notice, the applicable move-out period and, if necessary, a court-issued writ enforced by the sheriff. A landlord cannot remove a tenant merely because the termination notice or court hearing has ended.

ORS 105.110 ORS 105.130 ORS 105.135 ORS 105.151 ORS 105.159 ORS 105.161

• The clerk mails the summons and complaint to the tenant at the premises, and the process server delivers them in person or attaches them to the main entrance, by the end of the next judicial day. ORS 105.135(3)
• In a nonpayment case the summons includes the rental assistance notice, and the court dismisses the case if the notice was not delivered with the termination notice or payment covering the amount was tendered. ORS 105.135(2)(d) ORS 90.395(3)
• A landlord may appear through an attorney or through a nonattorney agent or employee. ORS 105.130(4)
• A tenant may get more than a two-day continuance only by paying the rent into court as it comes due or giving security. ORS 105.140
• A defendant may not bring a counterclaim unless a statute allows it. ORS 105.132
• When both parties appear and have not settled, the ordinary trial window is 15 to 30 days after the appearance for a nonpayment claim, and as soon as practicable within 15 days for another claim. Follow the actual court schedule and any applicable exception. An unrepresented tenant files and serves an answer on the first-appearance day; the answer does not necessarily limit the defenses at trial. ORS 105.137(6)-(9)
• A temporary provision permits qualifying new parents receiving medical assistance and approved health-related social needs housing supports to seek a rescheduled nonpayment trial. It requires a supported motion, documentation delivered to the landlord and the stated filing deadline. The court determines eligibility; the compiled provision provides a 90-to-104-day window from the motion and repeal on September 28, 2027. ORS 105.137 note (2025 c.598 sections 1-3)
• A tenant missing first appearance does not itself establish every requirement for a default possession judgment. The court also checks the complaint and the landlord's sworn statement about continuing possession. A landlord missing first appearance while the tenant appears faces dismissal. Preserve notices, service proof, the agreement and admissible evidence; neither a ledger nor a missed hearing substitutes for the court's decision. ORS 105.137(1)-(3) ORS 105.145
• For a court-approved performance or payment agreement, follow the order and the separate noncompliance procedure. A tenant may request a hearing contesting a landlord's declaration before a writ issues; a timely hearing request prevents issuance pending the hearing. If the tenant appears and the court rules for the landlord, the statute requires at least 24 hours before the writ may issue. ORS 105.146 ORS 105.148 ORS 105.149
• After judgment or a later possession date in it, request the clerk's restitution notice and arrange statutory service by the sheriff or a qualifying process server. The notice gives at least four days to move out. Its clock begins the day after both mailing and service, and the final-day weekend or holiday rule matters. Unless the judgment provides otherwise, the clerk cannot issue the notice or writ more than 60 days after the later of judgment entry or its possession date. ORS 105.151 ORS 105.158 ORS 105.159
• Only after the restitution period expires may the landlord request the writ. The sheriff serves and enforces it, returning possession under the judgment. An unserved and unenforced writ expires after 30 days unless the court grants the specified extension. A new rental agreement, or accepting rent for occupancy beginning after judgment, bars enforcing that judgment. Confirm any stay, settlement or changed payment facts before requesting enforcement; remaining belongings require their separate statutory process. ORS 105.159 ORS 105.161
• Start with the Oregon Judicial Department's current residential eviction forms and landlord instructions, then check the property county's court page for additional local forms. Statewide forms are accepted in circuit courts, but they do not cover every situation. Keep the termination notice, service records, rental agreement and payment history together so dates and amounts stay consistent across the filing and hearing materials. Court staff can explain filing steps but cannot choose the legal form for you. Oregon Judicial Department: landlord-tenant help

You may not remove or exclude a tenant, or willfully cut off heat, running water, hot water, electricity or another essential service, or seriously attempt or threaten to. The tenant may get a court order to recover possession, or end the agreement and recover up to two months' rent or twice the actual damages, whichever is greater. Recover possession only through a court action.

ORS 90.375 ORS 105.105

• Entry onto property must be lawful and peaceable, never by force. ORS 105.105
• Essential services include heat, plumbing, hot and cold water, gas, electricity, light fixtures, locks for exterior doors, window latches, and any cooking appliance or refrigerator you supply. ORS 90.100(15)
• If a utility you are responsible for is shut off for unpaid bills, the tenant may pay it and deduct the amount from rent, or end the agreement on 72 hours' notice unless service is restored; you then return prepaid rent within four days and the deposit. ORS 90.315(7)
• If the tenant cannot get service in their own name because a prior occupant or the owner owes the provider, the tenant may pay and deduct, or end the agreement. ORS 90.315(5) ORS 90.315(6)
• Apart from the entry statute, you have no right of access except by court order, during an extended absence, or after the tenant abandons or gives up the unit. ORS 90.322(5)

Before you store, sell or dispose of property a tenant left after the tenancy ended, give written notice in person or by first class mail to the premises, any known post office box and any forwarding address. The notice gives the tenant a date to contact you, at least five days after personal delivery or eight days after mailing, and says the property is stored and may be sold or disposed of if not claimed.

ORS 90.425

• The process applies when the tenancy has ended and you reasonably believe the tenant does not intend to claim the property, when the tenant has been gone seven days after a court-ordered termination that was not carried out, or after the sheriff returns possession to you. ORS 90.425(2)
• Store the property in a place of safekeeping with reasonable care; rotting food may be thrown out promptly. You may charge reasonable storage and removal costs, but after a sheriff returns possession to you, you may not require storage charges before releasing the property. ORS 90.425(7) ORS 90.425(5)(f) ORS 90.425(5)(g)
• If the tenant responds in time, make the property available by appointment for 15 days. If no one responds or removes it, you may sell it, or dispose of it if it is worth $1,000 or less or storage and sale would cost more than it would bring. ORS 90.425(8) ORS 90.425(10)
• After the tenancy ends, or within seven days before, you and the tenant may agree in writing, in good faith, to a different arrangement. ORS 90.425(26)
• If you do not follow the statute, the tenant is relieved of liability for unpaid rent and for damage that was not deliberate, intentional or grossly negligent, and may recover up to twice actual damages. ORS 90.425(17)

You may not retaliate by raising rent, decreasing services, serving a termination notice, or bringing or threatening an eviction because the tenant complained to a government agency about a health or safety code violation, made a good faith complaint to you about the tenancy, organized or joined a tenants' union, testified against you, successfully defended an eviction you brought in the previous six months, or asserted any right tenants have under federal, state or local law.

ORS 90.385

• Decreasing services includes unreasonably restricting common areas for tenant meetings and intentionally interfering with the tenant's use of the home. ORS 90.385(2)
• A tenant who is retaliated against has the remedies for unlawful ouster and a defense to eviction. ORS 90.385(3) ORS 90.375
• You may still evict if the complaint was made unreasonably or to harass, the tenant caused the code violation, the tenant was behind on rent when the notice was served, or code compliance requires work that makes the unit unusable. ORS 90.385(4)
• A complaint made by someone else on the tenant's behalf counts as the tenant's complaint. ORS 90.385(5)
• Using the home as a family child care home under the statute is also protected. ORS 90.385(1)(f)