✓ Law Verified June 2026
Facing eviction in Oregon? This guide explains the oregon eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Oregon law, verified as of June 2026.
In This Oregon Guide:
Oregon Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Oregon, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 10 or 13 days depending on when notice is served. A landlord may serve a 13-day notice starting on the 5th day of the rental period, or a 10-day notice starting on the 8th day of the rental period (ORS 90.394). For week-to-week tenancies, the notice is 72 hours (given no sooner than the 5th day). Oregon has a built-in grace period — landlords cannot begin the eviction process until rent is at least 5 days late. The notice must state the exact amount owed and the date and time by which you must pay to cure the nonpayment. |
| Lease violation | 30 days. The landlord must give you a 30-day written notice specifying the violation. You have 14 days to cure (fix) the violation. If you cure it within 14 days, the notice is void. If you do not cure it, you must vacate by the end of the 30-day period (ORS 90.392). For certain serious violations (outrageous conduct in the common areas, drug or alcohol violations, or acts that are a risk to persons or property), the landlord may issue a 24-hour notice with no right to cure. |
| No-cause / end of tenancy | During the first year of occupancy on a month-to-month tenancy, the landlord may issue a 30-day no-cause notice. After the first year of occupancy, Oregon law (SB 608) prohibits no-cause evictions — the landlord must have a qualifying reason such as landlord or family member move-in, sale to a buyer who will occupy the unit, demolition, or major renovations. Qualifying-reason terminations require 90 days written notice plus payment of one month’s rent as relocation assistance (unless the landlord owns 4 or fewer units). Portland, Milwaukie, and Eugene require 90 days notice even during the first year. |
| Holdover tenant | If your lease has expired and you remain without the landlord’s permission, the landlord must still serve proper written notice before filing for eviction. For a holdover month-to-month tenant, the applicable no-cause notice rules apply (30 days in the first year, 90 days with qualifying reason after the first year). Oregon does not allow immediate eviction of holdover tenants without proper notice and court process. |
| Tenant must respond within | You must file your answer (response) with the court no later than 4:00 PM on the day of your first appearance hearing. You do not need to file a written answer before the first appearance, but if a trial is ordered at the first appearance, your answer must be filed by the end of that day. There is a filing fee for the answer (also 88), but you may apply to the court for a fee waiver or deferral if you cannot afford it. |
| Realistic total timeline | 35 to 60 days in most cases. This breaks down as: 10-13 days for the nonpayment notice period, plus 7-15 days from filing to first appearance, plus 15-30 days if a trial is needed, plus 4+ days for the writ of restitution. Uncontested cases (where the tenant does not appear) can resolve in as few as 20-30 days total. Contested cases with a trial typically take 45-60 days or longer. Cases involving lease violations start with a 30-day notice, making the total timeline longer. |
How the Eviction Lawsuit Is Filed in Oregon
After the notice period expires and the tenant has not vacated or cured, the landlord files a Forcible Entry and Detainer (FED) complaint in Oregon Circuit Court. The filing fee is 88. The landlord must file the complaint, a copy of the termination notice, and proof of service of that notice.
Forms are available on the Oregon Judicial Department website. The complaint and summons must then be served on the tenant by a process server or sheriff.
Hearing timeline: The first appearance hearing is typically scheduled 7 to 15 days after the FED complaint is filed and served. The first appearance is not a trial — it is an initial hearing where the judge determines whether the case can be resolved or if a trial is needed.
If the case is contested and a trial is ordered, the trial is typically scheduled 15 to 30 days after the first appearance.
Writ of possession / lockout: After a judgment of restitution is entered against you, the court issues a Notice of Restitution giving you at least 4 days to move out and remove your belongings. The landlord may direct the clerk to extend this period beyond 4 days.
If you do not vacate after the 4-day notice period, the landlord may request a Writ of Execution from the court, which the sheriff will serve and enforce immediately — the sheriff will physically remove you and return possession to the landlord.
A writ must be enforced within 30 days of issuance or it expires.
Tenant Defenses Against Eviction in Oregon
Depending on your situation, you may be able to raise defenses such as:
- Oregon tenants may raise several defenses in an eviction case: (1) Improper notice — the landlord did not follow the correct notice requirements under ORS Chapter 90
- including wrong number of days
- wrong delivery method
- vague or incomplete notice
- or notice served too early in the rental period. (2) Retaliation — the eviction was filed because you complained to the landlord about needed repairs
- reported health or safety violations to a government agency
- or exercised a legal right such as joining a tenants union (ORS 90.385). Retaliation is presumed if the eviction notice was served within 6 months of a protected activity. (3) Habitability — the landlord failed to maintain the unit in habitable condition (heat
- plumbing
- weatherproofing
- hot water) and you may be excused from paying rent during the period of noncompliance (ORS 90.360). (4) Discrimination — the eviction was motivated by your race
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In Oregon, a landlord cannot evict you without a court order. Oregon law strictly prohibits self-help evictions. A landlord CANNOT: change your locks or block your access to the rental unit; shut off utilities (electricity, water, heat, gas) to force you out; remove your personal belongings or furniture from the unit; remove doors or windows; threaten or intimidate you to leave without a court order.
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Under ORS 90.375, if a landlord unlawfully excludes you, attempts to remove you, or willfully diminishes essential services, you may recover up to two months rent or twice your actual damages, whichever is greater.
You may also obtain a court injunction to regain possession. You do not need to terminate your lease to recover damages from an illegal lockout. Only a sheriff acting under a valid court-issued Writ of Execution may legally remove you from your home.
Free legal help: Oregon Law Center Eviction Defense Project provides free legal help to low-income tenants statewide facing eviction — call 888-585-9638 or email [email protected]. The Commons Law Center (503-850-0811) offers free eviction defense to low and moderate-income tenants in the Portland metro area.
OregonLawHelp.org has self-help guides and referrals for eviction cases. Community Alliance of Tenants (503-288-0130) offers a tenant hotline. Legal Aid Services of Oregon (1-800-452-8260) provides free help for qualifying tenants statewide. Many Oregon circuit courts also have self-help centers with information on the eviction process.
Other Oregon eviction rules: Oregon has several unique eviction rules: (1) SB 608 Just Cause Requirement — after the first year of occupancy, landlords must have a qualifying reason to terminate a tenancy; true no-cause evictions are prohibited for tenants who have lived in the unit more than one year.
(2) Relocation assistance — when terminating with a qualifying no-cause reason after the first year, landlords with more than 4 units must pay one month’s rent as relocation assistance.
(3) Rent increase cap — Oregon caps annual rent increases at 7% plus the consumer price index, with increases above this threshold potentially constituting a constructive eviction defense.
(4) Mandatory notice of rental assistance — before serving a nonpayment termination notice, the landlord must first deliver a notice informing you of available rental assistance programs and support services (ORS 90.395). (5) 24-hour notice for squatters — as of January 1, 2026, Oregon allows a 24-hour notice for unauthorized occupants (squatters) who were never tenants.
(6) Pet-related violations — a 24-hour notice may be issued if a tenant’s pet commits a violent act. (7) First-right-of-return — tenants displaced by qualifying no-cause terminations for renovation or demolition may have a right to return to the unit at comparable rent once repairs are complete, depending on local ordinances.
You May Also Like
Official Oregon Sources & Resources
- Oregon Courts / Judiciary: https://www.courts.oregon.gov/help/Pages/landlord-tenant.aspx
- Oregon Eviction Statute: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Oregon Eviction Process
The Oregon eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Oregon eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Oregon eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Oregon eviction process.
This Oregon eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.