๐ŸŒฒ Oregon Eviction Notice Laws

Complete Landlord Guide to Oregon Eviction Requirements

๐Ÿ“‹ Updated for • ORS Chapter 90

Last reviewed: January

โš ๏ธ Oregon Has Some of the Strongest Tenant Protections in the Country

Oregon requires “for-cause” evictions in most circumstances. SB 608 (2019) and subsequent amendments to ORS Chapter 90 significantly limit no-cause evictions statewide, impose rent control, and require relocation assistance in certain termination situations. After the first year of tenancy, landlords generally cannot terminate without qualifying cause. Portland has additional local protections. Despite Oregon’s 72-hour pay-or-quit notice being among the shortest in the nation, landlords must navigate one of the most complex eviction frameworks in the country. This guide covers all requirements.

โฐ
Non-Payment Notice
72 Hrs / 10 Days
๐Ÿ“…
No-Cause Allowed?
Very Limited
๐Ÿ’ฐ
Security Deposit Max
No Limit
▶ Video Overview
Video overview
Watch Overview

๐Ÿ“ Oregon Eviction Notice Types

Oregon’s eviction framework under ORS Chapter 90 is more complex than most states. Notice requirements vary by lease type, length of tenancy, reason for eviction, and โ€” for no-cause terminations โ€” whether the landlord is exempt from just-cause requirements. Using the wrong notice type or period will result in dismissal of your FED case.

๐Ÿ’ต

72-Hour / 10-Day Notice to Pay or Vacate

ORS ยง 90.394

โฐ 72 Hours or 10 Days

For non-payment of rent, Oregon law provides two notice periods depending on the tenancy type:

  • โšก 72-Hour Notice: Week-to-week tenancies and situations where the landlord and tenant have agreed in writing to a 72-hour notice
  • ๐Ÿ“… 10-Day Notice: Month-to-month and fixed-term tenancies โ€” giving tenants 10 full days to pay the full amount owed

If the tenant pays the full amount owed before the notice period expires, the landlord must accept payment and cannot proceed with eviction. Partial payment does not stop the process unless the landlord agrees in writing.

Required notice contents:

  • โœ… Must be in writing
  • โœ… Must state the exact amount of rent owed
  • โœ… Must specify the 72-hour or 10-day deadline to pay or vacate
  • โœ… Must be properly served
  • โŒ Do not include late fees in the rent amount โ€” rent only
๐Ÿ“„ Get Free Notice to Pay or Vacate
๐Ÿ’ก Oregon Has a Mandatory Grace Period

Under ORS ยง 90.394, landlords cannot serve a non-payment notice until rent has been due and unpaid for at least 8 days. Check your lease and the statute before serving โ€” serving too early voids the notice and forces you to start over.

๐Ÿ”ง

30-Day Notice to Cure or Terminate (Lease Violation)

ORS ยง 90.392

โฐ 30 Days / 14 Days to Cure

For material lease violations other than non-payment of rent, Oregon requires a 30-day written notice that gives the tenant 14 days to cure the violation. If the tenant cures within 14 days, the tenancy continues. If not cured, the tenancy terminates at the end of the 30-day period.

Common curable violations:

  • ๐Ÿ• Unauthorized pets
  • ๐Ÿ‘ฅ Unauthorized occupants
  • ๐Ÿ”Š Noise violations
  • ๐Ÿ’จ Smoking in a non-smoking unit
  • ๐Ÿ—‘๏ธ Failure to maintain cleanliness or dispose of waste
๐Ÿ“‹ Repeat Violations

Under ORS ยง 90.392(4), if a tenant repeats the same or similar violation within 6 months of a prior cure notice, the landlord may serve a 10-day unconditional termination notice โ€” no additional cure opportunity required. Document all violations with dates, photos, and written communications.

๐Ÿ“„ Get Free Lease Violation Notice
๐Ÿšซ

24-Hour / 10-Day Outright Termination (Serious Violations)

ORS ยง 90.396

โฐ 24 Hours or 10 Days

For serious, uncurable violations, Oregon allows shorter unconditional termination notices with no cure period:

  • ๐Ÿ”ด 24-Hour Notice: Extreme endangerment of others, illegal drug manufacturing or delivery on the premises, or specified criminal activity involving firearms
  • ๐Ÿ”ด 10-Day Notice: Intentional damage to the property, extreme physical violence or threat thereof, or possession of controlled substances
๐Ÿšจ Document Serious Violations Thoroughly

24-hour and 10-day outright termination notices require strong evidence โ€” police reports, witness statements, photographs. Circuit Court judges scrutinize these notices carefully. Consult an attorney before serving an outright termination notice for serious violations.

๐Ÿ“…

90-Day No-Cause Notice (Very Limited)

ORS ยง 90.427

๐Ÿ“† 90 Days

Oregon’s statewide just-cause eviction law (SB 608, 2019) severely restricts no-cause terminations. After the first year of a tenancy, landlords generally cannot terminate without a qualifying reason. No-cause terminations are only permitted in limited circumstances:

  • โœ… First year of tenancy: Any reason with 30-day notice โ€” after 1 year, just cause is required
  • โœ… Landlord-occupied buildings with 2 units or fewer may have limited exemptions
  • โœ… Qualifying just-cause reasons after year one: landlord or immediate family moving in, substantial renovations, demolition, or sale to buyer who will occupy
๐Ÿšจ Relocation Assistance May Be Required

For no-cause or qualifying just-cause terminations after the first year, Oregon law may require landlords to pay tenants one month’s rent in relocation assistance at the time of notice. Failure to pay required relocation assistance makes the termination invalid. Portland has additional local relocation assistance rules.

๐Ÿ“ฌ How to Properly Serve Eviction Notices in Oregon

Proper service under ORS ยง 90.155 is essential. Defective service is one of the most common grounds for dismissal in Oregon FED cases โ€” requiring you to restart the notice period entirely.

1

Personal Delivery (Preferred)

Hand the notice directly to the tenant. Record the date, time, and location. This is the most reliable method โ€” ORS ยง 90.155 treats it as effective immediately upon delivery.

2

Leave with a Resident Adult

If the tenant is unavailable, leave the notice with a person of suitable age and discretion who resides in the unit. Document the name, approximate age, and date/time of delivery.

3

Post and Mail (Attach and Mail)

If no adult resident is available, attach the notice to the main entrance door AND mail a copy by first-class mail. Both steps are required simultaneously. The notice period begins 3 days after mailing.

๐Ÿ’ก Document Every Service Attempt

Complete a written proof of service documenting the method used, exact date and time, and your signature. Oregon Circuit Court judges expect this when you file your FED complaint.

โš–๏ธ Oregon FED Court Process

Oregon evictions are handled as Forcible Entry and Detainer (FED) actions filed in Circuit Court for the county where the property is located. Portland cases are filed in Multnomah County Circuit Court.

1

Verify Notice Period Has Fully Expired

The complete notice period must have expired and the tenant must not have paid, cured, or vacated. Filing before the period expires guarantees dismissal.

2

File FED Complaint in Circuit Court

File your Complaint for Restitution of Premises in the Circuit Court for the county where the property is located. Bring copies of the lease, notice served, and proof of service. Filing fees typically run $80โ€“$120.

3

Summons Served on Tenant

The court issues a summons that must be served on the tenant by the sheriff or a process server. The tenant receives notice of the hearing date โ€” typically set for 7โ€“10 days after filing.

4

FED Hearing

Both parties appear before the Circuit Court judge. Bring all documentation: lease, notice, proof of service, rent ledger, and photographs. Uncontested hearings are usually brief.

5

Judgment for Restitution

If you prevail, the court enters a judgment for restitution of the premises and any money judgment for unpaid rent. The tenant typically has a short voluntary vacate period before the writ is issued.

6

Writ of Execution Issued

Request a Writ of Execution from the court. The writ authorizes the county sheriff to physically remove the tenant if they have not vacated voluntarily.

7

Sheriff Executes the Writ

The county sheriff removes the tenant, typically within 3โ€“7 days of receiving the writ. Only the sheriff may physically execute the writ โ€” landlords cannot remove tenants or their belongings themselves.

๐Ÿšจ No Self-Help Evictions in Oregon

Oregon strictly prohibits self-help evictions under ORS ยง 90.375. Changing locks, removing doors, shutting off utilities, or removing a tenant’s belongings without a court order exposes you to actual damages, up to 3 months’ rent in punitive damages, and attorney’s fees.

โฑ๏ธ Oregon Eviction Timeline

StageTimelineNotes
๐Ÿ“ Notice period72 hrs โ€“ 90 days72 hrs/10 days non-payment; 30 days violations; 90 days no-cause
๐Ÿ“‹ File FED complaint1 dayAfter notice period expires
๐Ÿ“ฌ Summons served2โ€“5 daysBy sheriff or process server
โš–๏ธ FED hearing7โ€“14 daysFrom filing date
๐Ÿ“œ Writ of Execution1โ€“3 daysAfter judgment
๐Ÿš” Sheriff execution3โ€“7 daysAfter writ received by sheriff

Total Realistic Timeline: Non-payment evictions (72-hour/10-day notice) typically take 3โ€“5 weeks from notice service to lockout. Lease violation cases requiring 30-day notice run 6โ€“10 weeks. No-cause terminations requiring 90-day notice take 4โ€“5 months minimum. Portland cases may run longer.

๐Ÿ›ก๏ธ Common Tenant Defenses in Oregon FED Cases

Oregon tenants have more statutory defenses available than tenants in most states. Understanding these helps you build airtight cases and avoid dismissals.

๐Ÿ“

Defective Notice or Improper Service

The most common defense. Filing before the notice period expires, serving improperly, errors in notice content, or using the wrong notice type for the tenancy length can result in dismissal. Double-check all notice contents and document service carefully before filing your FED complaint.

๐Ÿ’ฐ

Rent Was Paid or Improperly Calculated

If the tenant can show rent was paid or tendered within the notice period, or that the amount stated in the notice was incorrect (e.g., included late fees), the non-payment eviction fails. Always state only the rent amount โ€” not late fees โ€” in your notice.

๐Ÿ”ง

Breach of Habitability

ORS ยง 90.320 imposes a strong implied warranty of habitability. If the unit has serious maintenance deficiencies and the landlord failed to address them after written notice, the tenant may raise habitability as a defense. See our guide to Oregon habitability laws for your full maintenance obligations.

โš”๏ธ

Retaliation

ORS ยง 90.385 creates a strong anti-retaliation presumption. If the landlord serves a notice within 90โ€“180 days of a tenant complaint to a housing authority, request for repairs, or exercise of a legal right, retaliation is presumed. Document non-retaliatory business reasons for every eviction action.

๐Ÿ“‹

Just-Cause Violations

After the first year of tenancy, if the landlord cannot demonstrate a qualifying just-cause reason for termination, the eviction will be dismissed. Oregon’s just-cause requirements are strictly enforced. Consult an attorney before proceeding with any no-cause or qualifying just-cause termination of a tenancy over one year.

๐Ÿ’ฐ Oregon Security Deposit Rules

Oregon’s security deposit rules under ORS ยง 90.300 include strict timelines and itemization requirements. Wrongful withholding entitles the tenant to twice the withheld amount plus attorney’s fees.

  • Maximum Amount: No statutory limit
  • Return Timeline: 31 days after tenancy terminates and tenant delivers possession
  • Pre-Move-Out Inspection: Required if the tenant requests one
  • Itemized Statement: Must accompany any deduction within 31 days
  • Penalty: Twice the withheld amount plus attorney’s fees under ORS ยง 90.300(14)

See our full guide to Oregon security deposit laws for complete details including the pre-move-out inspection process.

๐Ÿ“„ Get Free Security Deposit Itemization Form ๐Ÿ“„ Get Free Move-In Condition Report

๐Ÿ” Avoid Evictions with Better Tenant Screening

Given Oregon’s strong tenant protections and complex eviction process, prevention is far more cost-effective than litigation. Find reliable tenants before problems start โ€” results delivered in 24 hours or less.

โ“ Oregon Eviction FAQ

๐Ÿ“Œ How long does an Oregon eviction take?
Non-payment evictions using the 72-hour or 10-day notice typically take 3โ€“5 weeks from notice service to sheriff lockout. Lease violation cases requiring 30-day notice run 6โ€“10 weeks. No-cause terminations requiring 90-day notice take 4โ€“5 months minimum. Portland cases may take longer due to the Eviction Diversion Program and local procedures.
๐Ÿ“Œ Can I evict a tenant without cause in Oregon?
Only in very limited circumstances. Oregon’s just-cause eviction law (ORS ยง 90.427) prohibits no-cause terminations after the first year of tenancy. During the first year, a landlord can terminate without cause with a 30-day notice. After year one, a qualifying just-cause reason is required โ€” such as the landlord or family member moving in, substantial renovation, demolition, or sale to an owner-occupant. Relocation assistance of one month’s rent may also be required.
๐Ÿ“Œ Does Oregon require relocation assistance?
Yes, in certain situations. When landlords terminate a tenancy after the first year for qualifying no-fault reasons, Oregon law requires payment of one month’s rent in relocation assistance at the time the notice is served. Failure to pay the required relocation assistance renders the termination notice invalid. Portland has additional relocation assistance requirements.
๐Ÿ“Œ Can I change the locks if a tenant stops paying rent?
No. Self-help evictions are strictly illegal in Oregon under ORS ยง 90.375. Changing locks, shutting off utilities, removing the tenant’s belongings, or any other self-help measure without a court order exposes you to actual damages, up to 3 months’ rent in punitive damages, and attorney’s fees. Always complete the FED process through Circuit Court.
๐Ÿ“Œ Does Oregon have rent control?
Yes โ€” Oregon was the first state in the country to enact statewide rent control. Under ORS ยง 90.323, landlords generally cannot raise rent more than 7% plus CPI in any 12-month period. Exemptions apply to units that received their first certificate of occupancy within the past 15 years. See our guide to Oregon rent increase laws for current caps and exemptions.
๐Ÿ“Œ Do I need a lawyer for an Oregon eviction?
Not required for straightforward non-payment cases, but strongly recommended given Oregon’s complex tenant protection framework. An attorney is especially important for contested cases, just-cause termination disputes, Portland properties subject to local ordinances, or any situation involving potential relocation assistance obligations.

โš–๏ธ Legal Disclaimer

This guide provides general information about Oregon eviction laws under ORS Chapter 90 and is not legal advice. Oregon’s landlord-tenant laws have been significantly amended in recent years and continue to evolve. This guide reflects requirements as of . Always consult a qualified Oregon attorney before proceeding with an eviction, particularly given the complexity of Oregon’s just-cause, rent control, and relocation assistance requirements.