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Eviction Flowchart
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Eviction Process Timeline
Below is a summary the amount of time it takes to evict a tenant in Oregon. These estimates may vary greatly, and some time periods may not include weekends or legal holidays.
  • Initial Notice Period – between 24 hours and 30 days, depending on the notice type and reason for eviction.
  • Issuance/Service of Summons and Complaint – a few days, depending on the service method.
  • Court Hearing and Ruling on the Eviction – 7 days for appearance hearing; up to 15 additional days for the eviction hearing.
  • Issuance of Writ of Execution – 4 days after the tenant is ordered to move out.
  • Return of Possession – Immediately.
Step 1: Notice Posted
Evictions may be for the following reasons:
  • Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
  • Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
  • No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord may not need an additional reason to end the tenancy as long as proper notice is given.
  • Keeping a Pet Capable of Causing Damage – If the tenant keeps a pet capable of causing damage to others or the rental property, they could be evicted with proper notice.
  • Providing False Information – If a tenant provides false information on a rental application about criminal convictions, they can be evicted with proper notice.
  • Illegal Activity – If a tenant is engaged in illegal activity, they must receive written notice before the landlord can evict the tenant.
Notes
  • Retaliatory Evictions - It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
  • Evicting a Squatter - If the individual occupying the property didn't have the landlord's permission when initially moving in, does not have a lease (or verbal agreement) & has no history of paying rent, then a landlord/tenant relationship may not be established. As a result, the normal eviction process may not be applicable. Law Enforcement may have a difficult time determining if there was trespass or whether there is a landlord tenant relationship i.e. whether it's a civil or criminal matter
Step 2: Complaint is Filed and Served
As the next step in the eviction process, Oregon landlords must file a complaint in the appropriate court. The summons and complaint must be served on the tenant by the Clerk of Court and/or a professional process server prior to the hearing through one of the following methods :
  1. Giving a copy to the tenant in person
  2. Mailing a copy to the tenant
  3. Posting a copy in a conspicuous place on the rental unit
It is the Clerk of Court’s responsibility to mail the summons and complaint to the tenant, while a process server is responsible for giving a copy to the tenant in person or posting the summons and complaint.

Step 3: Court Hearing and Judgment
A first appearance hearing will be scheduled seven (7) days after the date the landlord pays their filing fee for the complaint.

If the tenant fails to attend the appearance hearing, the judicial officer will issue a default judgment in favour of the landlord, meaning the tenant will have to move out.

If the tenant attends the appearance hearing, they will be ordered to file a written answer with the court that will be used at the eviction hearing. The answer explains, in writing, why the tenant objects to the eviction, and a copy must be given to the landlord.

If both the tenant and landlord attend the appearance hearing, an eviction hearing will be scheduled within fifteen (15) days of the appearance hearing. The eviction hearing is when the judicial officer will make a decision about whether or not the tenant will have to move out of the rental unit.

Tenants may be granted a two (2) day continuance for the eviction hearing. A longer continuance may be granted for good cause.

If the judge rules in favour of the landlord, a writ of execution will be issued and the eviction process will continue.
Step 4: Writ of Execution is Issued
The writ of execution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.

Tenants will have 4 days to move out of the rental property before the writ of execution is issued.

Once the move-out deadline has passed, the writ of execution will be issued, effective immediately.

Step 5: Possession of Property is Returned
Law enforcement officers are required to immediately enforce the writ of execution once they receive it from the court.

That means tenants will not have any grace period once the writ is received by law enforcement officials and should be prepared to move out immediately.

* Adapted from Eviction Process
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