Landlords in Oregon must follow Oregon law to evict tenants. If a landlord uses self-help methods, such as lockouts or shutting off utilities, the landlord may be liable to the tenant for damages. The eviction process is relatively simple and is designed so landlords and tenants need not necessarily get a lawyer. However, in many circumstances it is very prudent to contact an experienced Oregon evictions lawyer to help with your case.
Available Oregon Termination Notices
Oregon offers a variety of eviction notices. The kind of notice an Oregon landlord must give his or her tenant depends on the reason for the termination of the lease. Some of the most common reasons for evicting a tenant in Oregon are failure to pay rent and breach of a simple term of the lease, like a no-pets clause.
If a landlord wishes to end a tenancy earlier than specified in the lease, he or she may do so by serving the tenant with an appropriate notice. Oregon allows for the following types of written termination notices:
No-Cause: These no-cause notices are available to landlords and tenants who have month-to-month or week-to-week tenancies. Oregon law requires 30 days notice for a month-to-month tenancy and 10 days notice for a week-to-week tenancy (Oregon Rev. Stat. 90.900(2)).
For-Cause: For month-to-month tenancies, this is a 30 day notice with 14 days to fix the breach. For week-to-week leases, it is a 7 day notice with 4 days to fix the breach (Oregon Rev. Stat. 90.400(1)).
Pets: If you have a pet and the lease specifies that no pets are to be on the property, the landlord can give 10 days notice to remove the pet or move (Oregon Rev. Stat. 90.405).
Late Rent: A 72 hour pay rent or move notice is available 8 days after the rent became due (Oregon Rev. Stat. 90.394).
Other: Oregon law allows for only 24 hours notice for certain other acts. See Oregon Rev. Stat. 90.396 for more information.
Oregon evictions are handled by the Oregon circuit courts. Find your local circuit court at the Oregon courts website. Your local circuit court should also have some forms available for you to file and begin the eviction process. While this may seem like the easiest way to evict a problem tenant, remember that events do not always unfold as smoothly as you had hoped. If you are unsure of the termination and/or eviction process at any point, you may wish to hire or consult an Oregon landlord tenant attorney. Also be sure to check out Questions to Ask Your Oregon Evictions Lawyer below.
Self-Help Evictions in Oregon
Self-help evictions are illegal in Oregon. If a landlord locks a tenant out or turns off the utilities, the tenant may be entitled under Oregon Rev. Stat. 90.375 to two months' rent or twice the actual damages, whatever is greater.
Questions to Ask Your Oregon Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?