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 Evictions in Oregon

The Oregon landlord must go to court to force you to leave. The landlord cannot change the locks, shut off the utilities, remove your furniture or take any other action outside the courthouse to force you to move. This is true in most states.

There are only three ways that an Oregon landlord can get a rented place back legally:

The tenant can move and return  the keys to the landlord.

The tenant can move away, abandoning the unit without telling anyone of plans to come back.

The landlord can go to court and get an order, after a hearing, to have the sheriff force the tenant to move out.

What can I do if I am locked out or my utilities are shut off by my landlord?

The only legal way to force you out of your home is for the landlord to go to court and get an order that requires you to leave. If the landlord locks you out, tell the landlord that it is illegal and ask to be let back into your home. If this doesn't work, and if you can get in through a window or another door, do so and call the legal services office. If the landlord refuses to let you back into your home and you cannot get in on your own, you can call the police. They will sometimes help. They may say that it is a civil dispute and that they will not help you. Call the legal services office.

If your Oregon landlord unlawfully changes the locks, shuts off the power or takes other out-of-court action to force you to move, you may file a lawsuit to try to get an order so that you can return to your home. You can also sue for money damages -- for an amount up to two months' rent or for twice your actual damages, whichever is more; and for another month's rent or actual damages if the landlord entered your home illegally (for example, to change the locks). Contact an Oregon Lawyer for more details.

To be evicted:  The landlord must go to court and get a court order that says you must leave. A landlord first gives you an eviction notice, unless you had an agreement that expired on a certain date. If you do not move by the date listed in the notice, the landlord may take you to court. If your landlord takes you to court, you will be given legal papers, including a summons and complaint telling you when to go to court for first appearance. 

OREGON EVICTION NOTICES

No-Cause:   
If you rent month-to-month, your landlord may give you a 30-day notice (33 days if mailed) to leave without giving a reason. If you rent week-to-week, a no-cause eviction notice can be given after 10 days (13 days if mailed).

 If you live in a Oregon mobile home park or any kind of federally subsidized housing, the landlord must use a for-cause eviction notice. 

For-Cause
If you rent month-to-month in Oregon, your landlord may give you a 30-day notice (33 days if mailed) for cause with the opportunity to fix the problem within 14 days. If you correct the problem listed as the cause within 14 days, then you may stay.

If you cause the same problem within six months after receiving a 30-day notice for cause with a 14-day opportunity to fix the problem, the landlord may give a 10-day notice (13 days if mailed) without any time to fix the problem.

If you rent week-to-week, a for-cause eviction notice may be given after 7 days, with an opportunity to fix the problem in 4 days. If you cause the same problem within six months, the landlord may give you a 4-day notice without any time to fix the problem.

 
Pets: If you are keeping a pet in violation of the rental agreement, the landlord may give you a 10-day notice to remove the pet or move (13 days if mailed and not posted).
Late Rent: If you rent month-to-month and are more than 7 days late in paying rent, the landlord can give you a 72-hour notice to pay or move. (If you rent week-to-week, the notice can be given if your rent is more than 4 days late.) If your written agreement permits, the landlord may post this notice on your door and then mail a copy. The service is then complete on the day it is put in the mail. The landlord must give three more days for you to pay or move if the notice is mailed. If you pay, your money is due by 11:59 p.m. of the third day.
Personal Injury, Threats, Substantial Damage:

If you, your pet, or someone in your control:

1)inflicts substantial personal injury upon the landlord, other tenants, neighbors, or others on the premises by permission; or

2) threatens immediately to inflict personal injury upon the landlord or other tenants; or    

3) causes major damage to the unit, the landlord may give you a 24-hour notice (add 3 days if mailed and not posted)

Extremely Outrageous Acts: The landlord may give you a 24-hour notice (add 3 days if mailed and not posted) if you or someone in your control commits an act that is outrageous in the extreme on, or very near, the premises. "Outrageous acts" include (but aren't limited to) drug manufacturing or delivery, gambling, prostitution activity, burglary, or intimidation.

Unlawful Occupant: If the original tenant has moved and you are subleasing in violation of a written rental agreement that prohibits subleasing, and the landlord has not knowingly accepted rent from you, the landlord may give a 24-hour notice (add 3 days if mailed and not posted).

Employee Termination:  If you live in a place as part of your employment in or around the rental building (for example, a resident manager), you can be given a a 24-hour eviction notice (add 3 days if mailed and not posted). If you receive this kind of notice, you should contact a lawyer.

Note: Farm workers, who work in fields and not in and around the rental buildings, may not be evicted with a 24-hour notice.

If you live in federally subsidized housing, you have additional rights. 

 How does a landlord give an eviction notice? The landlord must hand-deliver the eviction notice, mail it to your address, or, in some cases, put the notice on your door and mail you a copy. If the notice is handed to you the notice period starts to run immediately. If it is mailed to you, the landlord must add 3 days to length of notice time and state in the notice that three days have been added for mailing. If it is posted and mailed (24-hour and 72-hour notices where the written rental agreement allows this kind of service), the notice starts to run when the landlord mails the notice.

All eviction notices must be in writing.

Can I be evicted for nonpayment if I paid part of the rent this month? If the landlord accepted part of the rent on the second day of the month or later, the landlord may not evict you during that month for nonpayment of rent, unless you agreed to pay the balance on a certain day and then did not pay. If the landlord accepted part of the rent after serving a 72-hour eviction notice, it is even harder for the landlord to evict you. Call the legal services office in either case if the landlord files for eviction.

Can I be evicted if I have paid my rent?  Even if you paid your rent, you can be evicted for other reasons. 

If you have been given a 30-day no-cause eviction notice and the landlord accepts a rent payment that covers more than the 30 days, you can still be evicted after the 30 days. But, to be able to evict you, the landlord must return the extra rent to you within 4 days of receiving it. (Example: The landlord gives you a 30-day notice on July 15th and accepts a full month's rent payment from you on August 1st. On August 5th the landlord returns the rent that you paid that covers the time from August 16th to August 30th. You can be evicted after August 15th.

What happens if I don't move out after getting an eviction notice?  The landlord must go to court to legally force you to move. The landlord will file a lawsuit called an FED, forcible entry and detainer. The sheriff or someone serving the court papers (FED Summons and FED Complaint) will hand them to whoever answers the door at your home or will tape them to the door and mail a copy later. The papers will tell you when and where to appear for court for what is called first appearance. The date will be less than 7 days away in most counties. Call the legal services office as soon as you get the papers. Tell the person answering the phone that you have court papers.  

Contact an Oregon Eviction Lawyer for more details.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an Oregon Eviction Lawyer

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