What is the eviction process and timeline in Oregon?

Verified July 24, 2026 All Oregon topics →

To evict a tenant in Oregon a landlord serves a written termination notice - 10 days for nonpayment of rent (servable no earlier than the 8th day of the rental period) or 13 days if served from the 5th day, 30 days with a 14-day cure right for a lease violation, or 24 hours for violence, serious property damage or conduct outrageous in the extreme - and then, if the tenant does not cure or leave, files a forcible entry and wrongful detainer action under ORS 105.100 to 105.168 in the circuit court for the county where the property sits.

Cited to ORS 90.110 (1)-(9) and 43 more Oregon statutes · Verified July 24, 2026

Oregon is a just-cause state: after the tenant's first year of occupancy a landlord can only terminate for a tenant cause or for one of four qualifying landlord reasons (demolition or conversion, major repairs making the unit unfit, the landlord or immediate family moving in, or an accepted purchase offer from a buyer who will live there), each requiring 90 days' notice and, for landlords with more than four rental units, a relocation payment of one month's rent. During the first year a 30-day no-cause notice still works. The clerk sets the first appearance 7 days after the judicial day following filing, or 15 days for nonpayment claims, and if the tenant does not appear the court may enter a default judgment for possession. After judgment the clerk issues a notice of restitution giving the tenant 4 days to move; only then does the writ of execution issue and only the sheriff may remove the tenant. Rent increases are capped at the lesser of 10 percent or 7 percent plus CPI, are barred in the first year of a tenancy, and require 90 days' notice. Lockouts and utility shutoffs are illegal and expose the landlord to the greater of two months' rent or twice actual damages.

Oregon eviction process at a glance

Nonpayment notice (pay-or-quit) 10 days
Nonpayment notice rules (day counting, cure rights, service)

For every tenancy except week-to-week, the landlord serves a written nonpayment notice, and it cannot go out at the very start of the month. The 10-day route may not be served before the eighth day of the rental period; a 13-day alternative may go out from the fifth (ORS 90.394(2)).

Oregon's nonpayment notice is expressed in DAYS, not hours, for every tenancy except week-to-week. Under ORS 90.394(2) a landlord terminating a month-to-month or fixed-term tenancy for nonpayment must deliver either (a) 'At least 10 days' written notice of nonpayment,' which may be given 'no sooner than on the eighth day of the rental period, including the first day the rent is due,' or (b) 'At least 13 days' written notice,' which may be given 'no sooner than on the fifth day of the rental period.' The two routes converge: both expire at the end of the 18th day of the rental period, so the landlord gains nothing by choosing one over the other except when service is delayed. Only a week-to-week tenancy uses hours - ORS 90.394(1) requires 'at least 72 hours' written notice,' also not servable before the fifth day of the rental period.

The statutory waiting period before service is the functional rent grace period: there is no separate cure-period grace statute, and ORS 90.260(1)(a) separately bars any late charge unless rent is unpaid by the fourth day of the rental period.

Counting is governed by ORS 90.160, which displaces ORCP 10: day-based periods 'must be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m.'; hour-based periods run in consecutive clock hours from service, except that a mail-and-attach notice under ORS 90.155(1)(c) or a mail-and-email notice under ORS 90.155(5) starts at 11:59 p.m. on the day both steps are done.

Service methods are set by ORS 90.155(1): personal delivery, first class mail, mail-plus-attachment to a designated location if the written rental agreement allows it, or email under a signed addendum meeting ORS 90.155(1)(d). If served by first class mail alone, ORS 90.155(2) requires that 'the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided' - so a mailed 10-day notice is a 13-day notice on its face.

On content, ORS 90.394(3) requires the notice to 'specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment.' The tenant cures by paying in full; ORS 90.394(4) makes payment timely if mailed within the notice period unless the notice was personally delivered, mailed-and-attached, or mailed-and-emailed AND the rental agreement and notice specify an on-premises or customary in-person payment location that is available throughout the notice period.

Two pre-filing overlays apply: ORS 90.395(2) requires the landlord to deliver the Judicial Department's rental-assistance notice (ORS 105.136) with the termination notice and with the summons, and ORS 90.395(3) requires the court to dismiss the possession claim if that notice was not delivered, if the landlord caused the tenant not to tender rent, or if the tenant or a rental-assistance program has tendered the amount owed. ORS 105.115(2)(b) bars filing 'until after the expiration of the time period provided in a notice terminating the tenancy.'

Nonpayment of a late charge (ORS 90.260(6)), of a fee (ORS 90.302), or of a utility or service charge (ORS 90.315) is NOT grounds for a nonpayment termination under ORS 90.394 - those ride ORS 90.392 for cause instead.

Lease-violation notice period 30 days
Lease-violation notice rules (cure vs. termination)

The notice must set a termination date at least 30 days out and, where the violation can be fixed, give the tenant at least 14 days to fix it. A timely cure prevents the termination (ORS 90.392(3)-(4)).

ORS 90.392 is a 30-day-terminate / 14-day-cure notice, not a single cure-or-quit period. The notice must 'state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice' (ORS 90.392(3)(b)) and, where the violation is curable, must 'state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure' (ORS 90.392(3)(c)). The cure date 'must be: (A) At least 14 days after delivery of the notice; or (B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice' (ORS 90.392(4)(a)). Conduct is 'ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.' Timely cure prevents termination; failure to cure terminates the agreement on the date stated.

Causes are limited by ORS 90.392(2) to material violation of the rental agreement (expressly including nonpayment of a late charge under ORS 90.260 or a utility or service charge under ORS 90.315), material violation of the tenant duties in ORS 90.325, and failure to pay rent.

Repeat-violation escalation works this way: if the cause 'is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation' (ORS 90.392(5)(a)) - but ORS 90.392(5)(b) forbids using that route where 'the only violation is a failure to pay the current month's rent.'

Week-to-week tenancies compress the whole scheme under ORS 90.392(6): 30 days becomes 7, the 14-day cure becomes 4, and the 10-day repeat notice becomes 4.

Two special curable-violation notices sit outside ORS 90.392: an unpermitted pet capable of causing damage draws a 10-day notice curable by removing the pet, and 10 days again with no cure right if substantially the same noncompliance recurs within six months (ORS 90.405(1), (3)); and in qualifying drug-and-alcohol-free housing a tenant resident under two years draws a 48-hour termination notice with a 24-hour cure window, dropping to 24 hours with no cure right on recurrence within six months (ORS 90.398).

Landlord waiver is a live risk. ORS 90.412(2) waives the right to terminate for a particular violation if the landlord accepts rent with knowledge of it during three or more separate rental periods, unless the landlord served a conforming written warning notice under ORS 90.412(4)(b) or (c) first.

Termination of a manufactured dwelling or floating home space in a facility is governed by ORS 90.630, not ORS 90.392 (ORS 90.392(7)).

Unconditional-quit grounds ORS 90.396 permits termination on 'at least 24 hours' written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination' for: seriously threatening or inflicting substantial personal injury on a person on the premises other than the tenant; recklessly endangering such a person by creating a serious risk of substantial personal injury; the tenant, someone in the tenant's control, or the tenant's pet inflicting substantial personal injury on a neighbor in the immediate vicinity; intentional infliction of substantial damage to the premises (or a pet doing so on more than one occasion); intentionally providing substantial false information about a criminal conviction on the tenancy application within the past year, where the falsity was material and the landlord terminates within 30 days of discovering it; or an act 'outrageous in the extreme.' ORS 90.396(1)(f) defines that last ground as an act 'similar in degree' to the enumerated ones that 'a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours,' expressly 'more extreme or serious than an act that warrants a 30-day termination under ORS 90.392,' and lists prostitution and commercial sexual solicitation, unlawful manufacture or delivery or possession of a controlled substance, unlicensed manufacture of a cannabinoid extract, bias crime, and burglary. ORS 90.396(4) confirms an act can be outrageous in the extreme without violating a criminal statute and that the landlord's burden in the possession action is the civil preponderance standard. The one cure right is ORS 90.396(2): if the cause is the tenant's pet, the tenant may cure by removing the pet before the notice period ends, and the notice must describe that right; returning the pet allows a fresh 24-hour notice with no cure. ORS 90.412(4)(e) provides that acceptance of rent never waives an ORS 90.396 termination. Related 24-hour routes: ORS 90.403 lets a landlord give an unauthorized possessor 24 hours' written notice where the tenant has vacated, the agreement barred subletting, and the landlord has not knowingly accepted rent from the occupant; ORS 90.398(3) allows 24 hours with no cure for a repeat drug or alcohol violation in drug-and-alcohol-free housing. In every case the landlord still must take possession through the ORS 105.100 to 105.168 court process - a 24-hour notice does not authorize a lockout.
Court and action The action is forcible entry and wrongful detainer (FED), Oregon's summary eviction proceeding, codified at ORS 105.100 to 105.168. ORS 105.110 provides that 'the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the circuit court or before any justice of the peace of the county' - circuit court is the ordinary forum and the statutory forms are drawn for it. ORS 105.130(1) directs that the action 'shall be conducted in all respects as other actions in courts of this state' except as ORS 105.135, 105.137 and 105.140 to 105.161 provide, so the Oregon Rules of Civil Procedure supply the residual procedure, subject to the express 'Notwithstanding ORCP 10' overrides in ORS 90.160, 105.135(3), 105.158(2) and 105.159(1). ORS 105.130(2)(a) sets an $88 filing fee for a dwelling unit to which ORS chapter 90 applies, and ORS 105.130(3) an $88 fee from a defendant who demands trial. A landlord may appear in person, through an attorney, or - uniquely for chapter 90 cases - 'through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff' (ORS 105.130(4)). ORS 105.124 prescribes the complaint form where ORS chapter 90 applies and ORS 105.126 the form where it does not. The grounds that support the action are listed in ORS 105.115; for chapter 90 dwellings the operative grounds are failure to pay rent within the period required by an ORS 90.392 or 90.394 notice, expiration of a rental agreement, or holding over after a valid chapter 90 termination notice (ORS 105.115(2)(a)). ORS 105.132 bars counterclaims 'unless the right to do so is otherwise provided by statute,' and ORS 105.115(3) directs that chapter 90 supplies the substantive rights, including whether rent is due, whether the tenancy was validly terminated, and retaliation defenses under ORS 90.385.
Filing to hearing ORS 105.135(2)(a) makes the clerk, not the plaintiff, set the return date: 'The clerk shall calculate the first appearance, which shall be: (A) Seven days after the judicial day next following payment of the filing fees; or (B) If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees.' Nonpayment cases therefore get more than twice the runway of other cases. ORS 105.135(2)(b) lets the clerk 'delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable' and, if possible, the plaintiff's stated unavailability. Service is fast and dual-track: 'Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees,' the clerk must mail the summons and complaint first class to the defendant at the premises, and the process server must serve them at the premises by personal delivery or, if the defendant is unavailable, by secure attachment to the main entrance (ORS 105.135(3)). Where the claim rests on nonpayment, the clerk must include the ORS 105.136 rental-assistance notice with the summons. The first appearance is not the trial. If only the plaintiff appears, ORS 105.137(1) allows a default judgment for possession only if the complaint complies with ORS 105.115 and 105.124 and the plaintiff testifies or declares that it does not know the defendant has delivered possession and reasonably believes the defendant remains in possession. If only the defendant appears, judgment of dismissal goes to the defendant (ORS 105.137(2)). If both appear and the case is not settled, 'the court shall set the matter for trial,' scheduled 'for a claim based on nonpayment, as defined in ORS 90.395, no earlier than 15 days, and no later than 30 days, following the appearance; or for any other claim, as soon as practicable and no later than 15 days from the date of the appearance' (ORS 105.137(6)). If trial slips past that window through no fault of the landlord, the court may order accruing rent paid into court (ORS 105.137(7)). An unrepresented defendant is entitled to proceed to trial by filing the statutory answer form and serving it on the plaintiff the same day as the first appearance (ORS 105.137(8)). Parties may also settle into a stipulated judgment under ORS 105.145(2) letting the tenant retain possession on conditions, enforceable by the ORS 105.146 to 105.149 route if the tenant later fails to perform.
Writ of possession and lockout Oregon interposes a mandatory four-day notice between judgment and the writ. ORS 105.151(1) provides that if the court renders judgment for restitution 'the plaintiff may only enforce that judgment in the following manner: (a) Issuance by the clerk of the court and service upon the defendant of a notice of restitution that shall give the defendant four days to move out of the premises, including removal of all personal property; and (b) After the expiration of the four-day period ... issuance by the clerk of the court and service by the sheriff upon the defendant of a writ of execution of judgment of restitution, directing the sheriff to enforce the judgment by removing the defendant and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.' The plaintiff requests the notice of restitution after judgment or after any later possession date fixed in the judgment, and may direct the clerk to extend the period beyond four days (ORS 105.151(2)). The notice of restitution is served, 'Notwithstanding ORCP 10, by the end of the next judicial day following the payment of fees,' by both first class mail to the premises and personal delivery or secure attachment to the main entrance (ORS 105.158(2)). The four days are counted under ORS 105.159(1): they 'Commence at 12:01 a.m. on the day after mailing and service of the notice of restitution ... including a Saturday or a Sunday or other legal holiday' and 'End at 11:59 p.m. on the fourth calendar day after the mailing and service except that if the fourth day is a Saturday or a Sunday or other legal holiday, the period shall end at 11:59 p.m. on the day preceding the next judicial day.' Only then may the plaintiff ask the clerk to issue the writ of execution of judgment of restitution (statutory form at ORS 105.156). Following issuance and payment of the sheriff's fees, 'the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice,' by mailing a copy first class to the premises, serving it by personal delivery or secure attachment, and 'Immediately following the service of the writ and the eviction trespass notice' returning possession to the plaintiff (ORS 105.161(1)). Only the sheriff executes; the landlord may not. There is an outer limit: 'Unless the judgment otherwise provides, the clerk may not issue a notice of restitution or a writ of execution of judgment of restitution more than 60 days after the judgment is entered or after any date for possession as specified in the judgment, whichever is later' (ORS 105.159(3)). Where the judgment rests on a defendant's failure to perform a stipulated agreement, the notice of restitution carries a hearing-request right and the sheriff will not remove the tenant before that hearing (ORS 105.146, 105.148, 105.149, 105.152). ORS 105.165 supplies an alternative method for removing, storing and disposing of the tenant's personal property.
Appeal window No eviction-specific deadline — the standard civil appeal window applies (see notes)
Best-case uncontested timeline (derived from statutory minimums — contested cases run longer)

Roughly 31 days from service of the pay-or-quit notice, or about 38 days from the day the rent was due, for an uncontested month-to-month nonpayment case with personally delivered notice. That comes from adding the statutory minimums cited here.

The steps run as follows: the landlord must first wait to the 8th day of the rental period before serving (ORS 90.394(2)(a)); 10 days' notice then runs to 11:59 p.m. on the 18th day of the rental period (ORS 90.394(2)(a), ORS 90.160(1)); the complaint may be filed the next day (ORS 105.115(2)(b)); the clerk sets first appearance 15 days after the judicial day next following payment of the filing fees, roughly 16 days out (ORS 105.135(2)(a)(B)); a default judgment may enter at that appearance if the tenant does not show (ORS 105.137(1)); the notice of restitution is served by the end of the next judicial day and gives 4 more days (ORS 105.151(1)(a), 105.158(2), ORS 105.159(1)); the writ then issues and the sheriff enforces immediately (ORS 105.161(1)).

A 30-day for-cause notice under ORS 90.392 runs longer despite the shorter 7-day first-appearance setting: 30 + about 8 + 1 + 4, roughly 43 days.

Mailed service adds 3 days to the notice period (ORS 90.155(2)), the clerk may push the first appearance up to 7 days further (ORS 105.135(2)(b)), and a contested case is set for trial 15 to 30 days after the appearance for nonpayment claims or within 15 days for other claims (ORS 105.137(6)), so contested cases run materially longer.

Self-help eviction (lockout, utility shutoff) barred Yes
Self-help scope and tenant remedies

Lockouts and shutoffs of heat, water, or power are illegal in Oregon, and a landlord who attempts one owes the tenant the greater of two months' rent or twice the actual damages (ORS 90.375). Only the sheriff may remove a tenant, and only on a writ of execution.

The bar is statutory and doubled. ORS 90.435 provides that 'A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity or other essential service to the tenant, except in case of abandonment or relinquishment, or as permitted in this chapter in the manner provided in ORS 105.100 to 105.168.' ORS 105.105 independently provides that 'No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.'

The remedy is in ORS 90.375: if a landlord 'unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant,' or 'willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months' periodic rent or twice the actual damages sustained by the tenant, whichever is greater.' Deposits and prepaid rent must be returned on termination, and the section expressly states the tenant 'need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section.'

Threats and attempts are actionable, not just completed lockouts. Only the sheriff may physically remove a tenant, and only on a writ of execution of judgment of restitution (ORS 105.151(1)(b), ORS 105.161(1)).

Narrow statutory exceptions exist outside the ordinary tenancy: a group recovery home may peaceably remove a tenant without the court process after a 24-hour notice for alcohol or drug use within the preceding seven days (ORS 90.440(2)), subject to the tenant's injunctive-relief and treble-rent remedies in ORS 90.440(8); and ORS 105.151(3) preserves a contractual right of entry for tenancies to which ORS chapter 90 does not apply.

Cite this page: "Landlord Atlas, Oregon Eviction Process Laws (verified July 24, 2026), landlordatlas.com/laws/eviction-process/oregon/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Oregon statute in the citations section below.

Notes and caveats

Common questions: Oregon eviction process

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much notice does a landlord have to give before filing an eviction for unpaid rent in Oregon?
10 days. For every tenancy except week-to-week, the landlord serves a written nonpayment notice, and it cannot go out at the very start of the month. The 10-day route may not be served before the eighth day of the rental period; a 13-day alternative may go out from the fifth (ORS 90.394(2)).
How much notice is required to evict for a lease violation in Oregon?
30 days. The notice must set a termination date at least 30 days out and, where the violation can be fixed, give the tenant at least 14 days to fix it. A timely cure prevents the termination (ORS 90.392(3)-(4)).
How long does an eviction take in Oregon?
Roughly 31 days from service of the pay-or-quit notice, or about 38 days from the day the rent was due, for an uncontested month-to-month nonpayment case with personally delivered notice. That comes from adding the statutory minimums cited here.
How long does a tenant have to appeal an eviction judgment in Oregon?
No eviction-specific deadline — the standard civil appeal window applies (see notes).
Can a landlord change the locks or shut off utilities instead of going to court in Oregon?
No — Oregon bars self-help eviction by statute; a landlord must go through the court process. Lockouts and shutoffs of heat, water, or power are illegal in Oregon, and a landlord who attempts one owes the tenant the greater of two months' rent or twice the actual damages (ORS 90.375). Only the sheriff may remove a tenant, and only on a writ of execution.

Statute citations

How this record was verified: Dual-host reads of statute text: official Oregon Legislature ORS chapter pages (oregonlegislature.gov ors090.html and ors091.html) plus the oregon.public.law mirror (current through the 2023 ORS edition and 2024 session), with verbatim re-reads of ORS 90.323(2)-(6) and 90.324(1)-(2). Every key number (31-day deposit return, 2x penalty, 4th-day late-fee grace, 6%/day and 5%/5-day fee caps, 24 hours' actual notice, 90-day increase notice, first-year bar, once-per-12-months limit, 15-year exemption, 3-months-rent penalty, lesser-of-10%-or-7%+CPI formula) was read on both hosts. The annually-published cap figure was verified on the official DAS Office of Economic Analysis rent-stabilization page (read twice independently) and cross-confirmed against the DAS newsroom press releases of 2025-09-30 and the 2025-10-01 correction: 9.5% for calendar 2026 (CPI-U West Region September 12-month average of 2.5%). 2026 short-session sweep via the Oregon Real Estate Agency's official 2026 Legislative Update: SB 1523, HB 4120, HB 4123 all enacted, none changes a v1 field.