Eviction In Oregon

As a landlord, eviction is never ideal. But understanding the process is important in the event that you must evict a tenant—and it can help avoid them entirely too. Laws are often subject to change, so always keep an eye on rental and eviction news for key changes.

The legal process for eviction follows more or less the same procedure in every state, but the differing details, like notice periods, are vital. Oregon is a unique state for evictions because of its legal nuances. In some scenarios, tenants can be issued a variety of notices or even given a 24-hour notice to vacate.

If you own and rent properties in the state of Oregon, you are responsible for complying with Oregon eviction laws. In this article, we break down each step of the legal eviction process in Oregon, squatter’s rights, types of eviction notices, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Oregon’s eviction laws can be found at ORS § 90 and 105.

NEW! 2025 Oregon Eviction Laws

Laws surrounding rental properties and evictions are volatile, and changes are often made every few years. A recent change includes:

• Oregon House Bill 3522. This bill radically reforms squatter’s rights in the state of Oregon, as it allows landlords to begin evicting a squatter with a 24-hour eviction notice. This reform was signed into law in 2025 but will not go into effect until January 1, 2026.

Reasons for Eviction in Oregon

In Oregon, tenants can be evicted for nonpayment, material violations of tenant responsibilities under Oregon law, or material violations of the rental agreement (including illegal activity).

Nonpayment of Rent

In the state of Oregon, there is a mandatory four-day grace period. This means that landlords cannot collect late fees until after four days have passed, and that they cannot begin the eviction process until rent is five days late.

Landlords dealing with delinquent rent may react with one of two notices: a 13- or 10-day notice to pay or quit. The 13-day notice must be issued when rent is at least 5 days late, and the 10-day notice must be given when it is at least 8 days late. The different notices give the tenant the same number of days in essence, but the cure period itself is what differs.

Lease Violations

Lease violations are an extremely common reason for eviction in every state, but the procedure differs slightly depending on where you are. Tenants agree to all terms of the lease when they agree to it, therefore making breaches of the agreement grounds for eviction.

A few examples of lease violations include:

• Failure to fulfill tenant duties outlined in ORS § 90.235
• Disturbance of the peace and enjoyment of others
• Unauthorized tenants or animals living on the property

In the state of Oregon, landlords may issue a 14-day notice for lease violations. This gives the tenant 14 days to cure the violation and if they fail to do so after this period, then they have 30 days from the reception of the notice to quit the premises.

Under ORS § 90.396, landlords may issue a 24-hour notice if the violation is related to the actions of a tenant’s pet. Animals who commit a violent act on or in the immediate vicinity of the premises must be removed by the end of the period. If the tenant refuses or they return the pet to the property any time after, they may be issued an unconditional 24-hour termination notice.

Illegal Activity

Illegal actions committed on or near the premises are also grounds for eviction, and landlords do not have provide a cure period for such violations. The

Examples of illegal activity in Oregon include:

• Inflicting personal injury to someone on the premises or threats of doing so
• Recklessly endangering others
• Prostitution, commercial sexual solicitation, or promoting prostitution
• The unlawful manufacture, delivery, or possession of a controlled substance

These activities, as well as a number of others, can be met with an unconditional 24-hour notice to quit the premises per ORS § 90.396(1). The tenant does not have an opportunity to cure the violation in these scenarios.

Additional Reading: Oregon Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Oregon

1. Landlord serves a 24-hour to 30-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 48 hours days to move out.
7. Sheriff returns to forcibly remove the tenant.

1. Landlord Serves a 24-Hour to 30-Day Eviction Notice

If any of the above lease violations occur, the landlord must first serve an Oregon eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are several possible eviction notices a landlord may send in Oregon:

• Rent Demand Notices: 
  • 13 days to pay or quit. When rent is at least five days late, the landlord may send this notice stating the rent due and termination date if it is not paid (not less than 13 days) (ORS § 90.394).
  • 10 days to pay or quit. If rent is at least eight days late, the landlord may deliver this notice stating the amount of unpaid rent and the date on which the lease will terminate if it is not paid (not less than ten days after receipt of the notice) (ORS § 90.394).
• Lease Violation Notice: 14 days to cure; 30 days to quit. If a tenant violates another lease term, the landlord must deliver this notice stating the breach and that the lease will terminate in 30 days if the problem is not cured within 14 days (ORS § 90.392).
  • Repeat Lease Violation: 10 days to quit. If a tenant repeats “substantially the same act or omission” (not including delinquent rent) within six months, and notice was properly given for the first violation, then the landlord may issue an unconditional noticed to quit the premises within 10 days (ORS § 90.392(5)(a))
  • Pet Violations: 24 hours to cure to quit. If the reason for the issuance of an unconditional notice to quit is because of the actions of a tenant’s pet, the tenant may cure the violation by removing the pet from the premises within 24 hours. If at any time afterwards they return the pet to the property, the landlord may terminate the rental unit and take possession after another 24 hours’ notice to quit (ORS § 90.396(2)).
• Unconditional Notice to Quit: 24 hours to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant (or tenant’s guest or pet) commits any action on the leased premises listed in ORS § 90.396(1).
• Drug-/Alcohol-Free Housing Violations: 24 hours to cure; 48 hours to quit. In a drug- or alcohol-free housing unit, if a tenant residing there for less than two years possesses or shares a substance that is prohibited in the housing unit, the landlord may deliver a 48-hour notice to quit with 24 hours to cure. If substantially the same act occurs again within six months, the landlord may terminate the lease after sending 24 hours’ written notice with no opportunity to cure (ORS § 90.398).

All eviction notices must state the date and time that it expires (Day 1 is the day after notice is given when counting). If the notice is mailed, three days should be added to the minimum time required by law. See this document for more specific instructions about notices and timings.

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then begin a Forcible Entry and Detainer (FED) action (the eviction lawsuit) by filing a Residential Eviction Complaint (downloadable here) with the clerk of either the Oregon Circuit Court or Oregon Justice of the Peace Court (ORS § 105.110).

The complaint includes:

• The landlord and tenant’s names and information
• The county, court, and case number
• The address of the rental property
• An attached copy of the initial eviction notice
• The reason for the eviction with the corresponding Oregon statute
• The landlord or agent’s signature and the date

Along with the complaint, the landlord must provide the clerk with:

• Three copies of the eviction notice, plus an additional copy for each additional adult tenant
• The address of the rental premises
• A separate mailing address for the tenant if they don’t receive mail at the rental property
• A filing fee of $88 (ORS § 105.130).

3. Court Serves Tenant a Summons

After the landlord files the complaint, the court will issue a Residential Eviction Summons (downloadable here) to be served to the tenant. The summons demands the tenant’s presence in court and informs the tenant of their rights and responsibilities. It also provides instructions and warnings that failure to appear will result in a default judgment in the landlord’s favor.

The summons will also state the date of the court hearing, which will usually be set seven to 15 days from the judicial day after the landlord files the case (ORS § 105.135). It must be served by the end of the judicial day after filing the complaint, in one of the following manners:

• Personal service by a process server: Taking a copy of the summons and complaint documents to the sheriff’s office or private process server and requesting service for a small fee. The server must complete a Certificate of Service and file it with the court.
• Personal service by a non-party: Asking any competent adult 18 years or older who is not part of the case to serve the documents. The server must be a resident of Oregon and cannot be the lawyer or employee of either party. The server must complete a Certificate of Service and file it with the court.
• Posting a copy at the unit: If personal service is not possible, the process server may post a copy of the documents at the main entrance of the rental unit.

The clerk of the court will also mail a copy of the summons and complaint to the tenant by first class mail (ORS § 105.135). The cost to have the sheriff serve the summons is $45.

4. Tenant Files an Answer

After the tenant receives the summons, they need to file a written answer with the court on the day of the hearing. The answer may state a legal reason why they should not be evicted (e.g., the landlord never delivered the notice, wouldn’t accept the rent, etc.).

The answer can either be filed via paper copy or the tenant can e-file using an interactive form on the Oregon Courts website. The landlord will be served a copy of this written answer on the day of the hearing (ORS § 105.137).

The tenant may also request a two-day continuance at maximum, unless either of the following applies:

• The tenant gives an undertaking to the landlord with sufficient security for any rent that will accrue if the tenant loses the case.
• The court orders the tenant to pay rent into the court as it becomes due (ORS § 105.140).

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge. The landlord and tenant may also have an opportunity at this time to work out the issue with mediators. If successful and the landlord and tenant make an agreement (e.g., that the tenant may continue living in the unit by paying rent or repairing damages), the court will issue an order or judgment to that effect (ORS § 105.145(2)).

If mediation is unsuccessful, the trial will continue, and a judgment will be issued. If the judge rules in the landlord’s favor, the court will render judgment for the restitution of the property and all court costs and fees (ORS § 105.145(1)).

6.  Tenant Gets 48 Hours to Move Out

Once the judgment is entered, the court will issue a Notice of Restitution (downloadable here) to be served and mailed to the tenant. This document is the tenant’s last warning to move out of the rental unit. The tenant now has four days to move out of the property (including all personal property). The landlord may be able to request longer than four days for the tenant to move out (ORS § 105.151(1-2)).

7. Sheriff Returns to Forcibly Remove the Tenant

If the tenant has not moved out by the end of the four days, the clerk of the court will issue a Writ of Execution of Judgment of Restitution (downloadable here), which the sheriff will also serve to the tenant. The writ of execution will direct the sheriff to enforce the judgment after service by removing the tenant from the property and restoring possession to the landlord (ORS § 105.151(1-2)).

Evicting a Squatter in Oregon

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Oregon, squatters must have lived in the property for ten continuous years to invoke Oregon squatters rights and claim right of possession (ORS § 105.620). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Oregon to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Oregon, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter a 24-hour eviction notice as per Oregon eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Oregon Squatter’s Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Oregon?

This chart shows estimates of the approximate cost of an eviction in Oregon, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Oregon?

The chart below shows an estimate of the duration of each part of the Oregon eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

The best way to avoid the stress and expense of eviction is to take preventative steps. Here are some strategies to lower your risk:

• Thoroughly screen applicants by checking credit, background, and eviction history to identify and avoid high-risk renters.
• Schedule regular property inspections to ensure tenants are following lease terms and the unit is properly maintained.
• Use plain language, easy-to-understand lease agreements so tenants clearly know their responsibilities and expectations.
• Offer reasonable grace periods for rent payments to provide flexibility while protecting your income.
• Maintain open communication so tenants feel comfortable raising concerns early, before they become bigger issues.
• Consider alternatives to eviction, such as payment plans or lease amendments, when appropriate.

Additional Reading: Oregon Background Checks & Screening Online

In some cases, eviction may still be necessary. To protect your legal position and avoid setbacks, keep these practices in mind:

• Follow all legal procedures and deadlines carefully, as missing steps could cause delays or weaken your case.
• Keep detailed records of communications, notices, payments, and violations to support your case in court.
• Never attempt “self-help” eviction tactics, such as changing locks, shutting off utilities, or removing belongings—these actions are illegal.
• Use property management software to streamline notices, track payments, and securely store records for easy access.
• Seek advice from an eviction attorney to guide you through the process or represent you in court.
• Be cautious with partial rent payments during eviction proceedings, as they can complicate or delay the case.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Oregon laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

How late must rent be before a landlord can evict in Oregon?

Oregon law requires a mandatory four-day grace period. A landlord may not begin the eviction process until rent is at least five days late.

When can a landlord issue a 24-hour eviction notice in Oregon?

Landlords may issue a 24-hour notice for serious violations such as violent pet behavior, illegal activity, or dangerous conduct. In drug- and alcohol-free housing, violations may also lead to a 24- or 48-hour notice depending on the circumstances.

What eviction notices are used for nonpayment of rent in Oregon?

Landlords may issue either a 13-day notice to pay or quit if rent is at least five days late, or a 10-day notice to pay or quit if rent is at least eight days late (ORS § 90.394).

How does a landlord handle lease violations in Oregon?

For most lease violations, landlords issue a 14-day notice to cure. If the tenant does not correct the violation, the lease terminates 30 days after notice. Repeat violations within six months can result in a 10-day unconditional notice to quit.

Court Documents

• Residential Eviction Complaint
• Residential Eviction Summons
• Notice of Restitution
• Notice of Restitution (Noncompliance with Court Agreement)
• Writ of Execution of Judgment of Writ of Restitution

Additional Resources

• Oregon Judicial Branch: Landlord and Tenant Forms Center – This page includes hyperlinks to the various forms a landlord or tenant might need in eviction court.
• Residential Eviction Information for Landlords – Instructions for landlords filing an eviction case from the Oregon judicial branch.