What You Need to Know About Eviction in Oregon

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According to Oregon’s eviction laws, a landlord can only evict a tenant before their lease expires if they have legal cause and have given the tenant the proper notice. All eviction lawsuits must be filed through the state’s courts, and understanding the eviction laws can be the difference between keeping and losing your home. 
In these truly turbulent times, with an unstable economy and lasting effects of COVID-19, now more than ever, Oregon residents are at risk of eviction. The continuous unpredictability in the US makes it paramount that every tenant has a strong grasp of their state’s eviction laws.
Thankfully, Jerry, the insurance comparison super app, has created this guide to answer any question you might have about Oregon’s eviction laws. We’ll go over the general timeline of the eviction process, all landlords’ requirements, and provide essential tips to protect yourself from a wrongful eviction. 

Oregon eviction 101: the six ways you can be evicted

The one rule that applies to every Oregon eviction is that a landlord must give the tenant proper written notice before filing an eviction lawsuit. Evictions in Oregon are categorized into six types based on cause, and your landlord can threaten to evict you for:
  • Nonpayment of rent: If the rent is five days late, a written notice of six days is required, whereas if the rent is eight days late, only a three-day notice is required.
  • Violation of lease agreement: Landlords must provide a 30-day Notice to Comply to allow tenants to amend any violation.
  • End of lease term: If a tenant stays in the unit after their lease has expired, a 30-day Notice to Quit is required before starting the eviction process.
  • Keeping a pet capable of causing damage: A ten-day notice is required to allow the tenant to rehome the pet. If the pet actually does serious damage or causes injury, a 24-hour written notice to terminate the tenancy is permitted.
  • Providing false information: If the landlord discovers any false information was given on the tenant’s rental application, only a 24-hour notice is required before evicting.
  • Illegal activity: A 24-hour notice is required before continuing with the eviction process.
If your lease is still active, your landlord cannot evict you just because they no longer want you on their property anymore—a valid reason must be presented. Be sure to know the ins and outs of your lease agreement to avoid making any violations unknowingly. 
Whether you are unable to pay rent or rectify your lease’s violations, your landlord has the legal right to evict you after serving the correct notice. Should it come to this, hearings will be set, and you and your landlord will present your cases to the court.

A timeline of eviction in Oregon

We’ve established that different violations require different types of notice, but with this variance, just how long does the eviction lawsuit process take? Below is a concise breakdown of different lawsuits’ timelines in Oregon:
StepHow long it typically takesWhat to expect
Notice24 hours to 30 daysThe landlord must give the tenant proper notice before going to the court.
First appearance7-10 days after the landlord files the complaintThe court gathers information to determine if a hearing is necessary. Mediation is an option to determine whether disputes are resolvable.
AnswerBy 4:30 pm on the day of the first appearanceIf mediation is declined or no agreement is reached, the tenant files an answer to whether they will contest or not.
TrialWithin 15 days of the first appearanceThe landlord and tenant present evidence to the court.
Enforcing judgment4 days after the notice is servedThe landlord can issue a Notice of Restitution forcing the tenant off their property.
Sheriff execution0-60 daysThe sheriff physically removes the tenant.
Storage of tenant propertyN/AThe landlord may change the locks and keep the tenant’s belongings.
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The eviction process is heavily dependent on your landlord’s diligence. The sheriff could not show up at your door for an entire month, or it could be a lot sooner if you have a determined landlord—so be prepared for anything!

How to resist eviction in Oregon

Don’t forget that tenants have rights in Oregon, so if your landlord is threatening eviction, you can resist in multiple ways.
  • Resolve the issue: The quickest way to avoid eviction and remain in your home is to amend any violation within the necessary time parameter. Borrow money or resolve the issue; it’ll be worth it to keep a roof over your head.
  • Point out procedural error: Understanding eviction law can help you know of illegal eviction practices to look out for. If your landlord changed the locks, shut off your utilities, or did anything outside of a proper court filing, you can recover damages. 
  • The landlord did not maintain property: If you have given your landlord written notice that your unit is uninhabitable and needs service, and they ignore it, you can have your rent lowered.
  • Claim discriminatory action: In Oregon, it is illegal to discriminate against a tenant based on race, religion, gender, family status, and more. If you believe you are being evicted due to any of these reasons, you can appeal and keep your home.
These defenses aren’t the only way you protect yourself from a wrongful eviction—you can also sue the landlord outright. If you win the case, you could be awarded damages, court fees, and permitted to stay in your home

How to save money on Oregon car and renters insurance

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