If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Oregon eviction notice with our step-by-step template designer.
Last Update July 21st, 2021
Eviction Notice Types
A legal eviction in Oregon can only be made for a number of legally acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right type.
A 24-Hour notice is used when a major violation of the lease has occurred. This might be the case if the tenant or their pet has caused serious damage to the premises or has committed violent acts against either the landlord or other tenants.
This is an incurable notice and cannot be remedied. Once served, the tenant has 24 hours to leave the premises.
If a tenant with a week-to-week contract doesn’t comply with the rental payment schedule and hasn’t paid eight days after the rent was last owed, the landlord may present them with a 72-Hour notice. This obliges them to pay rent or quit within 3 days.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property the landlord will be able to pursue the matter further through the courts.
When a month-to-month tenant fails to pay rent, the landlord may issue a 144-Hour notice on the fifth day after the date the payment was due. This gives the delinquent resident 6 days to pay the money owed or leave the premises.
Like the 72-Hour notice, if the owed rent is paid within the notice period the eviction order will be null and void.
A 30-Day notice is most commonly used when a tenant commits lease violations. This gives the tenant 14 days to remedy the situation or (if they fail to fix the issue) 30 days to leave the property.
30-Day notices can also be used to formally terminate a fixed lease. However, these can only be used for contracts of under one year in length. Leases of longer than 12 months require a 60-Day notice instead.
When landlords wish to end periodic tenancies where the tenant has been residing in the property for over one year, a 60-Day Notice is required. This lets the landlord give the tenant legally sufficient advance notice of their decision to evict.
Oregon Eviction Laws
You can only evict someone in Oregon if they’ve committed a legally valid breach of the lease under OR statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Oregon means conforming with the following legal requirements:
Nonpayment of rent: 72 hours’ notice (week-to-week contracts) or 144 hours’ notice (month-to-month-contracts)
Lease violations: 14 days’ notice to cure (30 days to vacate)
Termination of a lease: 30 days’ notice (contracts under 1 year) or 60 days’ notice (contracts over 1 year)
Violence or damage to property: 24 hours’ notice
The eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Oregon Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Oregon. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in Oregon with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Notice of Restitution.
When the Notice of Restitution has been processed the landlord may file the document with the county sheriff. The tenant will then have 4 days to leave before being forcibly evicted.
FAQs About Oregon Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Oregon’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Oregon?
To successfully evict a tenant in Oregon state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, by a process server, or by registered mail.
If the tenant doesn’t comply and leave the property as instructed, the landlord will then have to petition a court for Forcible Entry and Detainer. If the judge finds in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does it Take to Evict a Tenant in Oregon?
In many cases, an Oregon eviction can be completed in as little as a few hours depending on the reason. Once the eviction notice is served, the tenant will have between 24 hours - 60 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. Going through the court process can take around 1 month depending on how busy the district or housing court system is at the time.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Oregon eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $500 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry higher costs.