Eviction Process In Oregon

Evicting a tenant in Oregon means following Forcible entry and detainer (FED) action in Circuit Court (or Justice Court where applicable) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Oregon's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Oregon's summary eviction proceeding is called a forcible entry and detainer (FED) action, filed in circuit court, governed by ORS Chapter 105 (actions for possession) together with the termination-of-tenancy rules in ORS Chapter 90 (Residential Landlord and Tenant Act).

• A landlord begins a forcible entry and detainer (eviction) action by filing a residential eviction complaint with the clerk of the circuit court (or justice of the peace court where applicable). (Or. Rev. Stat. § 105.110)
• Oregon's landlord-tenant and eviction statutes are principally found in ORS Chapter 90 (Residential Landlord and Tenant Act) and ORS Chapter 105 (Property Rights, including actions for possession). (Or. Rev. Stat. chs. 90, 105)

Lawful Grounds For Eviction

Grounds include nonpayment of rent, material lease violation, and no-cause termination during the first year of a month-to-month tenancy; after the first year, Oregon's statewide just-cause law limits terminations without tenant fault to specified qualifying landlord reasons.

• During the first year of occupancy, a landlord may terminate a month-to-month tenancy without cause by giving written notice not less than 30 days before the termination date. (Or. Rev. Stat. § 90.427)
• After the first year of occupancy, a landlord may terminate a month-to-month tenancy without tenant cause only for a qualifying landlord reason specified in the statute, with written notice not less than 90 days before the termination date. (Or. Rev. Stat. § 90.427)
• A landlord may terminate a rental agreement for nonpayment of rent under ORS 90.394, which requires a defined written notice period before filing an eviction action. (Or. Rev. Stat. § 90.394)

Notice Requirements

Nonpayment notice periods are 72 hours for week-to-week tenancies and 10 days for other tenancies; no-cause termination notice is 30 days in the first year of occupancy and 90 days (with one month's rent relocation assistance) thereafter for a qualifying reason.

• For a week-to-week tenancy, a landlord must give at least 72 hours' written notice of nonpayment and intent to terminate if rent is not paid within that period, given no sooner than the fifth day of the rental period (counting the day rent is due as the first day). (Or. Rev. Stat. § 90.394)
• For tenancies other than week-to-week, a landlord must give at least 10 days' written notice of nonpayment and intent to terminate if rent is not paid within that period. (Or. Rev. Stat. § 90.394)
• For no-cause termination after the first year of occupancy, the required qualifying-reason notice is not less than 90 days plus payment of one month's rent as relocation assistance. (Or. Rev. Stat. § 90.427)

Filing The Case

The landlord files a residential eviction complaint with the circuit (or justice) court clerk, paying a filing fee, once the applicable notice period has expired.

• If the tenant has not cured the breach or vacated by the end of the notice period, the landlord may file a Residential Eviction Complaint with the clerk of the circuit court or justice of the peace court. (Or. Rev. Stat. § 105.110)
• A filing fee applies to residential eviction complaints filed under ORS 105.130. (Or. Rev. Stat. § 105.130)

Serving The Tenant

A process server (sheriff or qualified adult) must personally deliver the summons and complaint, or, if the defendant is unavailable, securely attach them to the main entrance of the premises.

• The process server must serve the defendant with the summons and complaint at the premises by personal delivery, or, if the defendant is unavailable, by attaching the summons and complaint in a secure manner to the main entrance of the portion of the premises the defendant occupies. (Or. Rev. Stat. § 105.135)
• Service may be made by the sheriff of the county where service occurs, or by any competent person 18 years of age or older who resides in Oregon (or the state of service) and is not a party to the action. (Or. Rev. Stat. § 105.135)

The Tenant's Response

The tenant appears and files a written answer on the day of the hearing, raising any legal defenses such as improper notice or refusal of rent.

• A tenant who wishes to contest the eviction files a written answer with the court on the day of the first appearance, which may raise legal defenses such as improper notice or the landlord's refusal to accept rent. (Or. Rev. Stat. ch. 105)

Hearing And Judgment

The first court date is generally scheduled seven to fifteen judicial days after the case is filed.

• The date of the first appearance is generally set seven to 15 judicial days after the landlord files the case. (Or. Rev. Stat. § 105.135)

The Writ And Lockout

After judgment of restitution, the court clerk issues a notice of restitution giving the tenant at least four days to move out before a writ of execution directs the sheriff to remove the tenant.

• Following entry of judgment of restitution, the clerk may issue a notice of restitution ordering the tenant to move out, including removing all personal property, in no less than four days; the landlord may direct the clerk to extend that period. (Or. Rev. Stat. § 105.151)
• After the notice-of-restitution period expires, the clerk issues, and the sheriff serves, a writ of execution of judgment of restitution directing the sheriff to remove the defendant and return possession of the premises to the landlord, along with an eviction trespass notice. (Or. Rev. Stat. § 105.161)

Prohibited Practices

Oregon law bars landlords from shutting off essential services or otherwise forcing a tenant out without a court order, and gives tenants injunctive relief plus statutory damages for violations.

• A landlord may not shut off water, electricity, or heat, or block access to essential facilities, to pressure a tenant to leave or comply, outside the court eviction process. (Or. Rev. Stat. § 90.375)
• If a landlord unlawfully removes or excludes a tenant, or willfully interrupts essential services such as heat, running water, hot water, or electricity, the tenant may obtain injunctive relief to recover possession, or may terminate the rental agreement and recover up to two months' periodic rent or twice actual damages, whichever is greater. (Or. Rev. Stat. § 90.375)

Recent Changes Worth Tracking

• Effective January 1, 2026: House Bill 2134 (2025) provides that if a tenant gives a 30-day notice to vacate after the landlord terminates the tenancy without tenant cause under ORS 90.427, the landlord may not collect a termination fee or rent after the tenant's stated termination date. (2025 Or. Laws (H.B. 2134), amending Or. Rev. Stat. § 90.427)
• Effective September 26, 2025: Senate Bill 586 (2025) allows a landlord to reduce the termination notice for a month-to-month tenancy from 90 to 60 days when the landlord has accepted a written purchase offer from a buyer who intends to occupy the home as a primary residence, if the landlord provides two months' rent in compensation and written evidence of the offer. (2025 Or. Laws (S.B. 586))
• Effective January 1, 2026: House Bill 3522 (2025) allows a property owner to remove a squatter who is not a lawful occupant with 24 hours' written notice, clarifying that remaining on the property after the notice period constitutes unlawfully holding it by force. (2025 Or. Laws (H.B. 3522))

Eviction is the last step in a relationship that's already gone wrong. See our guide to Oregon property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Oregon attorney, and confirm the current text of any rule cited above with Circuit Court (or Justice Court where applicable) or the Oregon legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Or. Rev. Stat. § 105.110, Oregon Revised Statutes, Oregon State Legislature
• Or. Rev. Stat. chs. 90, 105, Oregon Revised Statutes, Oregon State Legislature
• 2025 Or. Laws (H.B. 2134), amending Or. Rev. Stat. § 90.427, Oregon Real Estate Agency, 2025 Legislative Round-Up