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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.
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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.
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