How to Evict a Tenant in Oregon (2026)
The legal steps for landlords in Oregon — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Oregon a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. Source: ORS 90.394 |
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| Lease violation | At least 30 days' written notice. If the violation is curable, the notice must say so and give at least 14 days to cure. Repeat of substantially the same violation within 6 months: at least 10 days' notice, no cure right. Week-to-week: 7 days / 4-day cure / 4 days for repeats. Source: ORS 90.392 |
| Ending a month-to-month tenancy (no fault) | Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party. Source: ORS 90.427 |
Local rent-control or just-cause rules can limit evictions: Statewide rent stabilization. After the first year, no more than one increase per 12 months, with at least 90 days' written notice; increase capped at the lesser of 10% or 7% + CPI (West Region CPI-U), published annually by DAS/Office of Economic Analysis. Max increase: 10.0% for 2025; 9.5% for 2026; 10% for 2027. Exempt: buildings whose first certificate of occupancy was issued less than 15 years before the notice date, and certain regulated affordable housing. Local rent control is otherwise preempted.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice of nonpayment and the landlord's intent to terminate if rent is not paid: week-to-week - at least 72 hours, served no sooner than day 5 of the rental period; other tenancies - at least 10 days served no sooner than day 8, or at least 13 days served no sooner than day 5. Notice must state the amount of rent due and the date and time by which it must be paid. A copy of the Judicial Department's rental-assistance notice (ORS 105.136) must be delivered with any nonpayment termination notice, or the eviction case is dismissed. Service: personal delivery, first-class mail (add 3 days and state the extension), mail-plus-attachment if the written agreement allows, or email only with a signed addendum and also by first-class mail. |
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| How it must be delivered | Written notices must be served by (a) personal delivery, (b) first-class mail (which adds 3 days to the notice period, and the notice must say so), or (c) first-class mail plus attachment to the main entrance, if the written rental agreement allows it both ways. Email is allowed only under a separate written addendum signed after the tenant moves in, naming both parties' email addresses and including the statutory warning. Even then, a termination notice sent by email must also be sent by first-class mail. Other methods (such as text) may be used only in addition to a statutory method. Source: ORS 90.155 |
Notice forms:
- Oregon notice to pay rent or quit — requirements and free draft
- Oregon notice to end a month-to-month tenancy — requirements and free draft
- Statutory 'Qualified Third Party Verification' form for DV/sexual assault/stalking release (text in ORS 90.453(3)) (official)
- Statutory FED complaint form for premises not subject to ORS ch. 90, listing '24-hour notice for squatter' (ORS 105.126) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in Oregon are heard in: Circuit court (or justice court) of the county where the property is located.
- Written termination notice (ORS 90.392, 90.394, 90.427, etc.)
- File FED complaint and summons; nonpayment cases must include the required rental-assistance notice
- First appearance: 7 days after the judicial day following payment of filing fees (15 days for nonpayment claims); clerk may delay up to 7 more days (ORS 105.135)
- Unrepresented tenant files a written answer on the court form on the first-appearance day (ORS 105.137(8))
- Trial: nonpayment claims no earlier than 15 and no later than 30 days after appearance; other claims within 15 days (ORS 105.137(6))
- Judgment; clerk issues notice of restitution giving at least 4 days to move (ORS 105.151)
- Writ of execution served by sheriff after the 4 days expire
Court timing: First appearance 7 days (15 days for nonpayment) after the judicial day following payment of fees; written answer due at first appearance.
Source: ORS 105.110, 105.135, 105.137, 105.151
How long it takes to evict a tenant in Oregon
For unpaid rent, the notice period is 10 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Oregon
Court filing and service fees are set locally. Verified fees in the largest Oregon counties:
| County | Filing and service fees |
|---|---|
| Multnomah County (Portland) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
| Washington County (Hillsboro / Beaverton) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
| Lane County (Eugene) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
| Clackamas County (Oregon City) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
| Marion County (Salem) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
| Jackson County (Medford) | $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party. Source: ORS 90.427 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | A 'squatter' is a person occupying a dwelling (or other property used for dwelling) who is not entitled under a rental agreement or authorized by the tenant; a tenant holding over is not a squatter. The owner or landlord may give the squatter 24 hours' written notice stating the date and time to vacate and that the cause is the person's status as a squatter, then take possession through the forcible entry and detainer (FED) court process (ORS 105.100-105.168). The notice does not create a tenancy. No statute authorizes police removal without a court judgment. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | If the landlord unlawfully removes/excludes the tenant or willfully interrupts utilities or essential services, the tenant may obtain an injunction to regain possession, or terminate and recover the greater of 2 months' periodic rent or twice actual damages; deposits and prepaid rent must be returned. Source: ORS 90.375 |
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| Retaliation | Landlord may not raise rent, reduce services, serve a termination notice, or sue for possession because the tenant complained to a government agency, made a good-faith complaint to the landlord, joined a tenant organization, testified against the landlord, or successfully defended a possession action within the previous 6 months. Tenant has a defense and the ORS 90.375 remedies. Source: ORS 90.385 |
| Accepting rent after the notice | Yes, by statute. A landlord waives the right to terminate for a particular violation by accepting rent, with knowledge of it, during 3 or more separate rental periods, unless the landlord gave a qualifying written warning notice first. Rent refunded within 10 days does not count. Accepting rent after a termination notice does not waive it if the rent is prorated to the termination date, or the unused balance is refunded within 10 days. In a for-cause case already in court, accepting rent does not waive the termination if the landlord gave written notice that it would not, and the rent covers no period beyond the date accepted. Accepting partial rent waives a nonpayment termination unless (a) the partial payment was accepted before the notice, based on the tenant's promise to pay the balance, and the notice lets the tenant cure, or (b) after the notice, the landlord and tenant signed a written non-waiver agreement. Housing-assistance payments (Section 8, etc.) are not 'rent' for these rules. Source: ORS 90.412, 90.414, 90.417 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Oregon eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Oregon?
Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay.
How much does it cost to evict a tenant in Oregon?
Court fees are set locally — for example, Multnomah County (Portland): $88 (residential FED complaint, plus trial fee if a trial is held: $139/day nonjury); $18 notice of restitution; $47 writ of execution.
Can a landlord change the locks to evict a tenant in Oregon?
If the landlord unlawfully removes/excludes the tenant or willfully interrupts utilities or essential services, the tenant may obtain an injunction to regain possession, or terminate and recover the greater of 2 months' periodic rent or twice actual damages; deposits and prepaid rent must be returned.
How do you evict a tenant without a lease in Oregon?
Tenant: at least 30 days' written notice. Landlord, first year of occupancy: at least 30 days' notice without cause. Landlord after first year: only for tenant cause or a qualifying landlord reason (demolition/conversion, major repairs, owner or immediate family moving in, sale to owner-occupant) with at least 90 days' notice - or 60 days for an accepted purchase offer if one month's rent is paid with the notice. Landlords with an ownership interest in 5 or more residential dwelling units must pay a relocation payment of one month's rent with qualifying-reason notices (landlords with an interest in 4 or fewer units are exempt, ORS 90.427(6)(b)). Week-to-week: 10 days by either party.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.