How to Evict a Family Member in Oregon
An overview of Oregon eviction rules, forms, and procedures.
Landlords must carefully follow all the rules and procedures set forth past Oregon police force when terminating a tenancy and evicting a tenant in Oregon. This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in Oregon. Landlords and tenants in Portland should also bank check Portland-specific landlord-tenant laws. Note that Oregon has a statewide hire command and tenant protection constabulary. (Or. Rev. Stat. Ann. §§ 90.323, 90.427, 90.600 (2019).)
Discover for Termination With Cause
If a landlord wishes to evict a tenant before the tenant's lease or rental understanding has expired, the landlord must have legal cause. Legal cause is defined past Oregon constabulary. The almost common legal cause for eviction is the tenant's failure to pay rent. However, under Oregon law, the landlord can also evict the tenant for violating the lease or rental agreement or committing an illegal human activity on the premises of the rental unit (amid other things). The first step in evicting the tenant for one of these reasons is to stop the tenancy. This is done by giving the tenant notice. The blazon of find will depend on the reason for the eviction.
- Notice for Failure to Pay Rent: If the tenancy is week-to-calendar week, the landlord must give the tenant notice (in writing) that the hire has non been paid, and, if information technology is not paid within 72 hours of the notice, the landlord will terminate the tenancy. The landlord can't give the tenant this notice any sooner than the fifth twenty-four hours of the rental period, including the kickoff day the rent is due. (Ore. Rev. Stat. § ninety.394(1).)
For all tenancies other than week-to-week:
- 72 Hours' Notice to Pay Rent: On the eighth twenty-four hour period subsequently rent is due and owing, the landlord can requite the tenant 72 hours' written notice to pay rent. This notice must inform the tenant that the landlord will terminate the tenancy unless the tenant pays rent within the 72-60 minutes menses. (Ore. Rev. Stat. § 90.394(two)(a).) The detect must specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent. (Ore. Rev. Stat. § 90.394(three).) If the tenant does not pay rent, then the landlord can go to court and file an eviction lawsuit confronting the tenant.
- 144 Hours' Notice to Pay Rent: On the 5th solar day after rent is due and owing, the landlord can instead requite the tenant 144 hours' written notice to pay rent. This observe must inform the tenant that the landlord will cease the tenancy unless the tenant pays rent within 144 hours of receiving the detect. (Ore. Rev. Stat. § 90.394(two)(b).) The notice must specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent. (Ore. Rev. Stat. § xc.394(3).) If the tenant doesn't pay, then the landlord can get to court and file an eviction lawsuit against the tenant.
- Notice to Cure for Lease Violations: If the tenant violates the lease or rental agreement, then the landlord can give the tenant a 30-day notice to cure. This detect must: specify the violations, country that the tenancy will stop in no less than 30 days, and, if the violation tin be cured, describe at least one possible remedy to cure the violation and designate the date past which the tenant must cure. (Ore. Rev. Stat. § 90.392(three).) The designated appointment for the cure must be at least xiv days after delivery of the notice. If the tenant doesn't cure, then the rental agreement will stop equally provided in the find. (Ore. Rev. Stat. § xc.392(4).) If the violation is one that's essentially the same as a previous violation the landlord has sent a find to the tenant about within the previous six months, the tenant does not have the right to cure. The landlord may requite 10 days' written discover (just the second notice can't give a termination date that's earlier than the one stated in the first notice). (Ore. Rev. Stat. § xc.392(5).) If the tenancy is week-to-calendar week, different notification periods apply. (See Ore. Rev. Stat. § 90.392(6).) If the tenant does not fix the violation (or doesn't have the correct to cure because it's a second violation) then the landlord tin can go to courtroom and file an eviction lawsuit against the tenant.
- Unconditional Quit Notice: In certain situations, the landlord tin give the tenant a 24-hour unconditional quit observe. Using this observe, the landlord will inform the tenant that because of the tenant's behavior, the landlord volition exist terminating the tenancy in 24 hours and filing an eviction lawsuit against the tenant. The tenant will have no opportunity to correct the bad beliefs. Oregon'southward Revised Statutes section xc.396 lists specific behaviors and situations under which a landlord tin can serve an unconditional quit notice.
Notice for Termination Without Cause
Oregon police allows landlords to end tenancies without cause under only limited circumstances.
Month-to-Month Tenancy
Landlords may terminate a month-to-calendar month tenancy without cause simply during the first year of occupancy. During the offset yr, the landlord can give the tenant a xxx-day find to stop. (Ore. Rev. Stat. § ninety.427(three)(b).)
Afterwards the first year, landlords must take cause every bit described by Oregon police force (such as the tenant'south violation of a lease term or the landlord's want to annihilate the building). (Ore. Rev. Stat. § 90.427(iii)(c).)
Fixed-Term Tenancy
A landlord may cease the tenancy during a stock-still term (such as when the tenant has a lease or other written rental understanding for i year) but with cause and proper observe. (Ore. Rev. Stat. § 90.427(4)(a).) If the tenancy expires within the first year of occupancy, the landlord may terminate without crusade by giving 30 days' written notice. (Ore. Rev. Stat. § 90.427(4)(b).) If the tenancy terminates on a date later the commencement yr of occupancy, the fixed-term tenancy becomes a month-to-month tenancy upon the expiration of the stock-still term, unless the landlord and tenant agree to a new fixed-term tenancy, the tenant gives 30 days' notice, or the landlord has cause to terminate and gives proper notice. (Ore. Rev. Stat. § 90.427(4)(c).)
Tenant Eviction Defenses
Even when a landlord has a valid reason to evict a tenant, the tenant might make up one's mind to challenge the eviction in court. The tenant could also have a valid legal defense, such equally the landlord retaliating against the tenant or declining to maintain the premises of the rental unit. The tenant's decision to fight the eviction could atomic number 82 to increased costs of the lawsuit for both the landlord and the tenant and allow the tenant more time to remain living in the rental unit of measurement. If a courtroom finds that a landlord unlawfully removes or excludes a tenant from a rental, the tenant might exist able to recover possession or recover the greater of upward to two month'southward hire or twice the tenant'due south bodily damages. (Ore. Rev. Stat. § xc.375.)
Removal of the Tenant
Even after a landlord wins an eviction lawsuit against a tenant, the landlord is non authorized to remove the tenant from the rental unit. Simply a law enforcement officer with a court order can practise that.
Tenants sometimes go out personal holding backside at the rental unit after an eviction has occurred. If this happens, Oregon police force requires the landlord to store the property in a safe location and so ship a written find to the tenant. This notice must inform the tenant of the property the tenant left backside and that the tenant has 30 days to claim the holding. If the tenant does not claim the property within 30 days, so the landlord can dispose of it. The landlord can as well charge the tenant for the costs of storing the property. (Ore. Rev. Stat. § ninety.425.)
Rationale for the Rules
Landlords must carefully follow all the rules and procedures required by Oregon law when evicting a tenant; otherwise, the eviction may non exist valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
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