A Guide to the Eviction Process in Portland, OR

The eviction process can be challenging and full of legal intricacies, but knowing the right steps is key to protecting your property and regaining control. In Oregon, strict rules govern how and when a landlord can legally evict a resident. 

By understanding these rules, from serving notices to court hearings and reclaiming possession, you can ensure that every action is handled properly. This guide will walk you through the eviction process, helping you navigate it smoothly and avoid costly mistakes, all while maintaining your rights as a landlord.

Oregon Eviction Guide

Grounds for Eviction in Oregon

In Oregon, landlords must have legal grounds to evict a resident. Understanding these grounds helps landlords ensure they follow the law and avoid complications. Here are four common grounds for eviction:

• One of the most common reasons for eviction is the failure to pay rent. In Oregon, if a resident doesn’t pay rent on time, the landlord can issue a notice giving the resident a specific period to pay or move out. If payment isn’t made within that time frame, eviction proceedings can begin.
• If a resident violates any terms of the lease agreement, such as having unauthorized occupants or pets, landlords can serve a notice demanding the issue be corrected. If the violation continues, landlords have the right to proceed with eviction.
• Engaging in illegal activities on the property, such as drug-related offenses or other criminal behavior, is a serious ground for eviction. In these cases, Oregon law allows landlords to serve a 24-hour notice, requiring the resident to vacate without the opportunity to correct the violation.
• Renters who do not have a lease or whose lease has expired but they are still occupying the property may be removed by their landlord in Oregon.

5 Steps of the Eviction Process in Oregon

Evicting a resident in Oregon is a structured process that requires landlords to follow specific legal steps. Each stage is essential to ensure the eviction proceeds smoothly and within the bounds of the law. Here’s a detailed breakdown of the five steps involved in the Oregon eviction process:

1. Serving a Notice to Quit

The eviction process begins with the landlord serving a written eviction notice. The type of notice and the timeframe given to the resident will depend on the reason for the eviction. This step ensures that the resident is given a fair opportunity to address the issue or move out voluntarily before legal action is taken.

2. Filing a Complaint with the Court

If the resident does not comply with the notice and remains in the property after the notice period expires, the landlord must then file an eviction lawsuit. This is done in the local Oregon court that has jurisdiction over the rental property.

The landlord must complete the required paperwork, including a complaint form, and pay the applicable filing fee (usually around $88, though it varies by county). Once the complaint is filed, the court will schedule a first appearance hearing, typically within 7 days.

3. Court Hearing and Judgment

Once the complaint is filed and the resident is served, a first appearance hearing is held. During this hearing, the resident can either contest the eviction or fail to show up:

• If the resident does not attend, the court will issue a default judgment in favor of the landlord, which grants them the right to possession of the property.
• If the resident contests the eviction, the court will schedule a formal eviction hearing, usually within 15 days. Both parties will present their case, and the judge will determine whether the resident must vacate.

4. Issuance of Writ of Execution

If the judge rules in favor of the landlord, the court will issue a Writ of Execution. This is a court order that authorizes law enforcement, usually the sheriff, to remove the resident if they haven’t vacated the property voluntarily.

The Writ of Execution gives the resident a final deadline to leave, typically 4 days. The sheriff serves the writ by first-class mail or by personal delivery. If the resident does not move out by the deadline, law enforcement officers are authorized to return to the property and forcibly remove the resident.

5. Return of Possession

Once the writ is served and the resident’s deadline to vacate passes, law enforcement will enforce the writ if the resident still refuses to leave. The sheriff will physically remove the resident and their belongings, allowing the landlord to reclaim possession of the rental property.

It’s important to note that the writ of execution must be enforced within 30 days of being issued. If not, it expires, and the landlord may need to restart parts of the eviction process. Once possession is returned to the landlord, they can change the locks, secure the property, and prepare it for a new resident.

The Final Word: Simplify Your Eviction Process with Century 21 Northstar

Navigating Oregon’s eviction laws can be complicated, but with the right support, you don’t have to handle it alone. Century 21 Northstar specializes in property management and can guide you through each step, ensuring legal compliance while protecting your property. 

Reach out today and let us help you determine the best course of action for a smooth eviction process.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.