Posted in Blog  
  on Jun 08, 2015

What is the Eviction Process in Oregon

The landlord/tenant laws of Oregon have been designed to balance the relationship between the two parties as much as possible. This has created an extensive set of regulations that govern the eviction process in Oregon. Here is everything you need to know about when, why, and how long it takes to complete it.

Issue 1: Non-Payment of Rent

When tenants fail to pay their rent on time, landlords are required to allow 7 days for payment to occur before being able to deliver a notice. The day the rent is due counts, so a notice to pay or quit can be delivered on the 8th of the month if rent is due by the 1st. This notice can be a 72 hour notice and if rent is not paid in full by the end of the notice, the landlord may file for a court eviction proceeding. There is one exception to this rule. Landlords are not allowed to start a court eviction proceeding on a 72 hour notice if the money owed is only late fees. If rent is paid, but late fees are not paid, then landlords are allowed to deliver a 6 day notice for payment on the fourth day after full rent is due. Notices must be delivered in person or by first class mail. First class mail notifications give tenants three additional days to cure the cause that is listed in the notice.

Issue 2: Dangerous Behavior

Landlords in Oregon are allowed to provide a 24 hour notice to tenants under specific conditions. Intentionally injuring someone on the property other than a household member, intentionally damaging property, or committing outrageous behavior all qualify for this notice. Outrageous or dangerous behavior includes prostitution, promoting prostitution, or illicit drug use and/or distribution. A 24 hour notice may also be issued if a landlord discovered a criminal conviction that an applicant attempted to avoid during the screening process under certain conditions. Anyone who is sub-leasing and the original lease does not allow this to occur may also receive a 24 hour notice if they've never paid the landlord or property owner their rental payments directly.

Issue 3: Lease Termination

After a lease expires, it turns into a holding over period. At this point in time, landlords can provide tenants with a 30 day eviction notice. Landlords cannot evict a tenant during a period of time where they've accepted a rental payment. For example: a landlord wants a tenant to move out on 5/30. A 30 day notice is issued, but then the landlord accepts payment for the entire month of May. The 5/30 date would no longer be valid. A 30 day notice may also be issued when there is a “for cause” issue that must be addressed. This would include non-intentional damage to the home. There must be a way to resolve this issue in this type of notice, however, so that tenants can rectify the situation and cancel the eviction notice. Manufactured dwelling facilities allow for 30 days to repair or pay for damages, but other rental properties allow for 14 days. If the same issue occurs within a 6 month period, a 10 day notice may be issued instead of a 30 day notice. In a facility, however, this second notice must be 20 days.

 

Issue 4: Leasing Agreement Changes

Landlords cannot shorten the period of time that is allowed by law for an eviction notice to be serviced. If rent is not paid, for example, a 24 hour notice to pay or quit would not be allowed. Oregon does allow for leasing agreements to extend the notice period and have that timing become enforceable. Instead of 72 hours, a lease may say 5 days. The landlord/tenant law would enforce the 5 day deadline instead of the 3 day deadline. If tenants fail to abide by the guidelines of a notice, then a court eviction filing may occur. The matter will be heard before a court. Both sides are able to present their case to a judge, who will then rule for one party or the other. If the tenant wins, then the eviction process must start over from the beginning. If the landlord prevails, then a forcible entry and eviction order may be obtained based on the general judgment eviction. Tenants will be given 4 days to leave the premises and the judgment will become part of the public record. If the tenant leaves behind personal property, then a landlord has certain responsibilities to store and preserve that property for at least 5 days. Some property must be stored and protected for up to 45 days. A failure to follow these notices may not only stop the eviction process in Oregon, but it could open up a landlord to future litigation issues.


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