Updated September 19, 2023
An Oregon eviction notice is a notice given by a landlord to a tenant to inform them of a lease violation. The notice will include a description of the tenant’s offense and how they can correct the matter. If the tenant decides not to cure the issue, the landlord will be forced to file an eviction lawsuit in the Circuit Court.
By Type (4)
24-Hour Notice to Quit (Imminent Danger or Illegal Activity)– This notice may be served if the tenant is engaging in dangerous activities on the premises.a
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10-/13-Day Notice to Quit (Non-Payment of Rent) – According to ORS § 90.394 the landlord may not serve this notice until after the fifth (5th) day rent is late.
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14-/10-Day Notice to Quit (Non-Compliance) – Gives fourteen (14) days for the tenant to fix the noncompliance or vacate the property at the end of thirty (30) days. If it is the tenant’s second (2nd) violation of the same violation in the last six (6) months, the landlord has the option to cancel the lease and require the tenant to vacate within ten (10) days’ notice.
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30-Day Notice to Quit (Month-to-Month Tenancy) – This notice is to alert a party of the intention not to renew a month-to-month tenancy.
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Table of Contents |
Eviction Laws
- Rent Grace Period: 4 days. § 90.260(1)(a)
- Non-Payment of Rent: 10 or 13 days. § 90.394(2)
- Non-Compliance: 14 days or 10 days for 2nd violation. § 90.392
- Imminent Danger of Illegal Activity: 24 hours. § 90.396 & § 90.398
- Termination (Month-to-Month Lease): 30/90 days. § 90.427
- Eviction Lawsuit: Actions for Recovery of Real Property / Forcible Entry and Wrongful Detainer. § 105.005 – 105.168
- Veterans: Notices sent or served on veterans must contain the required statements of § 408.515. § 90.391.
Court Forms
Residential Eviction Complaint – After delivering the appropriate notice form to the tenant, the landlord will file this document to initiate the eviction process.
Residential Eviction Summons – Informs the tenant that an eviction action has been filed against them and that they must appear in court to settle the matter.
Residential Eviction General Judgment – Completed by the court to convey the judgment made during an eviction hearing.
Answer to a Residential Eviction – Once a tenant receives an eviction summons, they may respond to the court with this document which allows them to indicate why they are entitled to retain possession of the premises.
Oregon Eviction Information for Landlords – Information on court process for landlords.
Oregon Eviction Information for Tenants – Information on court process for tenants.
When is Rent Due
Rent is due on the date specified in the lease, however, a landlord may not provide notice until a minimum of 5 days after rent is late. Therefore, the tenant has 6 days to pay before the landlord can proceed with sending a notice. According to § 90.260, the landlord may not begin charging late fees or give notice for non-payment until the 4th day and it is specified in the lease.
How to Evict (4 steps)
- Provide Notice to Tenant
- File Complaint and Summons with Circuit Court
- Serve Complaint and Summons on Tenant
- Attend Court Hearing
2. File Complaint and Summons with Circuit Court
Once the requisite time period has elapsed and the tenant has failed to respond to the notice provided by the landlord, the landlord may seek redress in the Circuit Court representing the county in which the property is located. In order to begin an eviction case, the landlord must file a Residential Eviction Complaint and a Summons and pay a $88 + trial fee, if any. In addition, the landlord must provide copies of the notice they delivered to the tenant.
3. Serve Complaint and Summons on Tenant
Once it has been filed, the court clerk will give you a copy of the summons and complaint to serve on the tenant. The Tenant must be served by the end of the day after the day the complaint was filed. The tenant will have the right to submit an Answer Form (See Laws) and defend themselves.
4. Attend Court Hearing
The Court will set a date for a hearing and if the tenant fails to show up or the court finds in favor of the landlord, the court will issue a Judgment and the tenant will be obligated to move out.