General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- For unpaid rent in a monthly tenancy, the landlord gives either a 10 day notice served no sooner than the eighth day of the rental period or a 13 day notice served no sooner than the fifth day; weekly tenancies use a 72 hour notice. The notice must state the amount due and the deadline, and a copy of the court's rental assistance notice must go with it (ORS 90.395).
- For a material lease violation, the landlord gives written notice that the tenancy will end at least 30 days later, and the tenant can stop the termination by curing the violation within the time stated, generally at least 14 days.
- During the first year of occupancy a landlord can end a month to month tenancy with 30 days of written notice; after the first year the landlord needs a tenant cause or a qualifying landlord reason such as demolition, major repairs, owner move in or a sale to a buyer who will live there.
- Forcible entry and detainer cases are filed in the circuit court for the county where the rental is located.
- The court clerk sets a first appearance seven days after the filing fee is paid, or fifteen days in a nonpayment case, and the tenant must appear on that date or risk a default judgment.
Oregon calls an eviction case a forcible entry and detainer action, and it is heard in circuit court. A nonpayment case starts with a 10 day or 13 day written notice, and after the first year of occupancy a landlord needs a tenant cause or a qualifying landlord reason to end most tenancies.
Oregon eviction process at a glance
| Rule | Oregon | Law |
|---|---|---|
| Notice for unpaid rent | For unpaid rent in a monthly tenancy, the landlord gives either a 10 day notice served no sooner than the eighth day of the rental period or a 13 day notice served no sooner than the fifth day; weekly tenancies use a 72 hour notice. The notice must state the amount due and the deadline, and a copy of the court's rental assistance notice must go with it (ORS 90.395). | ORS 90.394 |
| Notice for a lease violation | For a material lease violation, the landlord gives written notice that the tenancy will end at least 30 days later, and the tenant can stop the termination by curing the violation within the time stated, generally at least 14 days. | ORS 90.392 |
| Ending a tenancy without cause | During the first year of occupancy a landlord can end a month to month tenancy with 30 days of written notice; after the first year the landlord needs a tenant cause or a qualifying landlord reason such as demolition, major repairs, owner move in or a sale to a buyer who will live there. | ORS 90.427 |
| Where the case is filed | Forcible entry and detainer cases are filed in the circuit court for the county where the rental is located. | ORS 105.100 to 105.168 |
| Tenant response time | The court clerk sets a first appearance seven days after the filing fee is paid, or fifteen days in a nonpayment case, and the tenant must appear on that date or risk a default judgment. | ORS 105.135 |
| Removal after judgment | After a judgment for the landlord, the clerk issues a notice of restitution giving the tenant four days to move out; only then can the sheriff be directed to enforce the judgment. | ORS 105.151 and ORS 105.161 |
| Typical overall timeline | A nonpayment case often takes about four to eight weeks from the notice to removal. | Court practice (estimate) |
Notices before an eviction in Oregon
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. For unpaid rent in a monthly tenancy, the landlord gives either a 10 day notice served no sooner than the eighth day of the rental period or a 13 day notice served no sooner than the fifth day; weekly tenancies use a 72 hour notice. The notice must state the amount due and the deadline, and a copy of the court's rental assistance notice must go with it (ORS 90.395). (ORS 90.394)
Notice for a lease violation. For a material lease violation, the landlord gives written notice that the tenancy will end at least 30 days later, and the tenant can stop the termination by curing the violation within the time stated, generally at least 14 days. (ORS 90.392)
Ending a tenancy without cause. During the first year of occupancy a landlord can end a month to month tenancy with 30 days of written notice; after the first year the landlord needs a tenant cause or a qualifying landlord reason such as demolition, major repairs, owner move in or a sale to a buyer who will live there. (ORS 90.427)
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Forcible entry and detainer cases are filed in the circuit court for the county where the rental is located. (ORS 105.100 to 105.168)
Filing costs. Circuit court filing fees and sheriff fees are set by statute and the courts and change over time; check the current Oregon Judicial Department fee schedule. (Oregon Judicial Department fee schedules)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. The court clerk sets a first appearance seven days after the filing fee is paid, or fifteen days in a nonpayment case, and the tenant must appear on that date or risk a default judgment. (ORS 105.135)
Judgment and getting possession back
Removal after judgment. After a judgment for the landlord, the clerk issues a notice of restitution giving the tenant four days to move out; only then can the sheriff be directed to enforce the judgment. (ORS 105.151 and ORS 105.161)
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. A landlord may not lock a tenant out, remove them or cut off heat, water, electricity or other essential services to force a move out, and the tenant can recover damages and regain possession. (ORS 90.375)
Recent changes to know about
Recent changes. Senate Bill 611 (2023), effective July 6, 2023, lowered the statewide rent increase limit to 7 percent plus inflation with a hard ceiling of 10 percent. (ORS 90.323 and 90.324 (SB 611, 2023))
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 10 days | ORS 90.394 |
| Notice period for a lease violation | 30 days | ORS 90.392 |
| Tenant response after the case is served | 7 days | ORS 105.135 |
| From judgment to removal | 4 days | ORS 105.151 and ORS 105.161 |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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General information, not legal advice.
Verify current law
We last checked these Oregon rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Oregon attorney about your situation.
Laws named on this page
- ORS 90.394
- ORS 90.392
- ORS 90.427
- ORS 105.100 to 105.168
- ORS 105.135
- ORS 105.151 and ORS 105.161
- ORS 90.375
- ORS 90.323 and 90.324 (SB 611, 2023)
Official sources
Oregon forms for this topic
Letters and checklists for this topic
The parts people misread.
How much notice does a Oregon landlord give for unpaid rent?
For unpaid rent in a monthly tenancy, the landlord gives either a 10 day notice served no sooner than the eighth day of the rental period or a 13 day notice served no sooner than the fifth day; weekly tenancies use a 72 hour notice. The notice must state the amount due and the deadline, and a copy of the court's rental assistance notice must go with it (ORS 90.395). Source: ORS 90.394.
How long does a tenant in Oregon have to respond to an eviction case?
The court clerk sets a first appearance seven days after the filing fee is paid, or fifteen days in a nonpayment case, and the tenant must appear on that date or risk a default judgment. Source: ORS 105.135.
Can a Oregon landlord change the locks instead of going to court?
A landlord may not lock a tenant out, remove them or cut off heat, water, electricity or other essential services to force a move out, and the tenant can recover damages and regain possession. Source: ORS 90.375.
How long does an eviction take in Oregon?
A nonpayment case often takes about four to eight weeks from the notice to removal. Source: Court practice (estimate).
Which court hears eviction cases in Oregon?
Forcible entry and detainer cases are filed in the circuit court for the county where the rental is located. Source: ORS 105.100 to 105.168.