An Oregon eviction is a court case called an FED . The landlord has to give the right written notice, file in circuit court, win a judgment, and then have the sheriff carry out the removal [2][3]. Locking a tenant out without a court order is illegal [3].
At a glance
- Unpaid rent notice
- 10 days (after the 8th) or 13 days (after the 5th) [1]
- Week-to-week tenancy
- 72 hours, after the 5th day [1]
- Rental assistance notice
- Must come with the rent notice and the summons [1]
- First court date
- About 7 days after filing; 15 days in rent cases [2]
- After judgment
- 4-day notice of restitution, then a writ [2][3]
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Landlord gives written notice 72 hours to 90 days
For unpaid rent, a 10-day or 13-day notice (72 hours for week-to-week). Other terminations have their own notice periods, from 30 to 90 days.
ORS 90.394, 90.427
-
Landlord files in circuit court After the notice period ends
The landlord files a summons and complaint and pays the fee, $88 for a residential case under the 2026 fee schedule. The clerk sets the first appearance.
ORS 105.130, 105.135
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Tenant is served By the next judicial day
The clerk mails the papers, and a process server delivers them or attaches them to the main entrance.
ORS 105.135
-
First appearance 7 days; 15 in rent cases
Set 7 days after the judicial day after the fee is paid, or 15 days for a nonpayment case. The clerk may push it back up to 7 days. If the tenant doesn't appear, the landlord can get a default judgment.
ORS 105.135, 105.137
-
Trial if the tenant contests 15 to 30 days
The tenant files a written answer the day of the first appearance. A nonpayment trial is set 15 to 30 days later; other cases within 15 days.
ORS 105.137
-
Notice of restitution 4 days
If the landlord wins, the tenant is served a notice of restitution. The landlord can't ask for a writ until 4 days have passed.
ORS 105.151, 105.159
-
Sheriff enforces the writ Within 30 days of issue
The sheriff serves the writ and returns the home to the landlord. A writ not served within 30 days expires unless the court extends it.
ORS 105.161
Notices for unpaid rent
Oregon gives landlords two choices for a nonpayment notice, plus a shorter one for week-to-week renters [1]:
| Tenancy | Notice | Earliest the landlord can deliver it |
|---|---|---|
| Week-to-week | 72 hours | The 5th day of the rental period |
| Month-to-month or lease, option 1 | 10 days | The 8th day of the rental period |
| Month-to-month or lease, option 2 | 13 days | The 5th day of the rental period |
The notice has to say that rent is unpaid, that the tenancy ends if it isn’t paid within the notice period, the exact amount needed to catch up, and the date and time it’s due [1]. Check the amount carefully: the notice has to get it right.
The rental assistance notice. The landlord must also deliver a copy of the Oregon Judicial Department’s notice about rental and eviction assistance, both with the termination notice and with the court summons. If the landlord skips it, the court must dismiss the eviction case [1].
Ending a tenancy without unpaid rent
Month-to-month, first year. During the first year of occupancy, either side can end the tenancy with at least 30 days’ written notice, and the landlord doesn’t need a reason [1].
Month-to-month, after the first year. The landlord needs either tenant cause or a qualifying landlord reason, with at least 90 days’ written notice [1]. Qualifying reasons are [1]:
- Demolition or conversion to non-residential use
- Repairs or renovations that make the unit unsafe or unfit to live in
- The landlord or an immediate family member moving in, with no comparable unit available
- A sale to a buyer who will live there, with notice given within 120 days of accepting the offer
A landlord who owns five or more units must also pay the tenant one month’s rent with a qualifying-reason notice [1]. In a building of two or fewer units where the landlord lives, the landlord can end a month-to-month tenancy without cause on 60 days’ notice [1].
Fixed-term leases. During the lease, the landlord can end it only for cause. A lease ending in the first year can be ended without cause on 30 days’ notice before its end date. After the first year, an expiring lease generally becomes month-to-month unless the landlord has a qualifying reason or a pattern of three violations in 12 months with written warnings [1].
A landlord who breaks these rules owes the tenant three months’ rent plus actual damages, and the tenant has a defense to the eviction [1].
In court
The landlord files a summons and complaint. The filing fee for a residential eviction is $88, with a trial fee added if the case goes to trial ($139 a day for a trial without a jury) [4].
First appearance. The clerk sets it 7 days after the judicial day following payment of the filing fee, or 15 days when the case is for unpaid rent [2]. Courts can offer mediation that day, as the Coos and Curry County courts do [3]. If the tenant doesn’t come, the court can enter a default judgment for the landlord [2]. If the landlord doesn’t come, the case is dismissed [2].
Answer and trial. A tenant without a lawyer who wants to fight the case files a written answer on the court’s form the same day as the first appearance [2]. For a nonpayment case, trial is set 15 to 30 days after the first appearance; for other cases, within 15 days [2].
After a judgment for the landlord
The court issues a notice of restitution [3]. The tenant then has four days to leave. The count starts at 12:01 a.m. the day after the notice is mailed and served and ends at 11:59 p.m. on the fourth calendar day [2].
After that, the landlord can ask the clerk for a writ of execution [2]. The sheriff serves it and returns the home to the landlord [2]. A writ that isn’t served within 30 days expires, unless the court extends it [2]. The notice and writ generally can’t be issued more than 60 days after the judgment or the possession date, whichever is later [3].
A judgment can’t be enforced if the landlord and tenant sign a new rental agreement, or if the landlord accepts rent for a later period [2].
Where to get help
- Your circuit court’s self-help page explains local steps and fees [3].
- Legal aid offices in Oregon help eligible tenants with eviction cases.
- A landlord-tenant attorney is worth calling if the notice looks wrong or you’ve lived there more than a year.
Sources
- Oregon Revised Statutes chapter 90 (ORS 90.394, 90.395, 90.427), Oregon Legislature
- Oregon Revised Statutes chapter 105 (ORS 105.135, 105.137, 105.151, 105.159, 105.161), Oregon Legislature
- Oregon Judicial Department, Coos and Curry Circuit Courts, Residential Eviction
- Oregon Judicial Department, Circuit Court Fee Schedule effective January 1, 2026
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How much notice does an Oregon landlord have to give for unpaid rent?
For most tenancies, either a 10-day notice delivered no sooner than the 8th day of the rental period, or a 13-day notice delivered no sooner than the 5th day. Week-to-week tenants get 72 hours' notice, given no sooner than the 5th day. The notice has to state the exact amount needed to catch up and the deadline.
How long does an eviction take in Oregon?
The first court appearance is set about 7 days after the landlord pays the filing fee, or 15 days for a nonpayment case, and the clerk can push it back up to 7 more days. If the tenant contests a nonpayment case, trial is 15 to 30 days after that appearance. After a landlord wins, the tenant gets a notice of restitution with 4 days to move before the landlord can ask for a writ.
Can an Oregon landlord end a month-to-month tenancy without a reason?
Only during the first year of occupancy, with at least 30 days' written notice. After the first year, the landlord needs tenant cause or a qualifying reason such as demolition, major repairs or moving in, with 90 days' notice. Landlords with five or more units also owe one month's rent when they use a qualifying reason.
Can a landlord change the locks or remove a tenant without going to court in Oregon?
No. Oregon courts say it's illegal to evict a tenant without a court order, and only the sheriff carries out the removal after the landlord wins.