In Oregon, the law allows a landlord to evict a tenant for certain violations of their lease obligations. An eviction proceeding can give a landlord possession of the property and allow them to seek reimbursement of their legal expenses in pursuing the action; however, they must file a separate legal action to recover unpaid rent or reimbursement for property damage. Landlords must follow a specific procedure to evict a tenant in Oregon. If you need to evict a tenant for failure to pay rent or other lease violations, you need to know the step-by-step process to secure legal possession of your property.
Establish Valid Grounds for Eviction
When a landlord wishes to evict a tenant, they must have valid grounds under Oregon law for the eviction, especially once a tenant has occupied the property for more than a year. Some of the common grounds for eviction include:
- Non-payment of rent: Rent becomes late after applicable grace periods, and landlords may have grounds to evict after a tenant fails to respond to a pay-or-quit notice (which gives the tenant the option of either paying rent or leaving the property).
- Property damage: Landlords may seek eviction when tenants cause severe damage to the property.
- Illegal activity: The law also permits landlord to pursue eviction of tenants who engage in criminal behavior, such as drug manufacturing/distribution/possession or assaulting other tenants.
- Lease violations: Tenants can also face eviction for breaching rules in the lease, including those involving pets, operation of businesses, unauthorized occupants, smoking, or noise restrictions.
Serve Notice
The first step in the eviction process involves serving written notice of intent to evict on the tenant. The notice must include certain disclosures required by Oregon law. Evictions for non-payment of rent must also use specific notice forms created by the state. Eviction notices must also comply with any requirements set in the lease. In most cases, landlords must observe a waiting period after serving notice before they can file an eviction action. Common waiting periods include:
- 24 hours: Eviction for personal injury, substantial property damage, unlawful occupants, or domestic violence
- 72 hours: Nonpayment of rent in week-to-week tenancies
- Seven days: For-cause eviction in week-to-week tenancies
- Ten days: Violations of pet restrictions
- Ten or 13 days: Nonpayment of rent
- Ten or 20 days: Repeated lease violations
File an Eviction Complaint
When a tenant fails to remedy the grounds for eviction or has not left the property within the waiting period required by the notice, the landlord may file an eviction complaint in court. The complaint must include copies of the notice(s) served on the tenant and list a mailing address for the tenant if they do not receive mail at the property. A landlord must also pay the applicable court filing fees.
Serve the Summons and Complaint
After filing the complaint, the landlord must serve a copy of the complaint and the summons on the tenant(s) on the lease by the end of the next judicial day after the day they filed the complaint. A landlord may have a sheriff’s officer, private process server, or adult non-party serve the complaint, and the server must complete a certificate of service. The process server can post the complaint and summons on the tenant’s front door if they cannot serve them personally.
Mediation and Trial
The landlord must attend the first appearance scheduled on the summons, where the court may require the landlord and tenant to mediate an agreement. If they cannot reach an agreement, the court will schedule a trial where the landlord must prove grounds for eviction.
Contact Our Oregon Litigation Attorneys Today
Should you need to regain possession of a leased property from a tenant who has not paid rent or violated a material lease condition, you must follow the rules and requirements of eviction. Contact Wayne A. Lamb Law today for a consultation with a property disputes attorney to learn more about the process you must follow under Oregon law to evict a tenant for breach of their lease.