The Oregon eviction notice forms are used in the event that a tenant is violating the terms of the lease or in the event landlord wants to end a month-to-month tenancy. It is very important that you serve the notice properly and wait the required amount of time before you file a complaint in court. Once the notice has been properly served and the requisite time period has past and tenant has failed to respond, at that point, the landlord may file a Residential Eviction Complaint and Summons in the Court Representing the County in Which the Property is Located. Once the case has been filed, you must have the tenant served by the end of the day after you filed. If the court finds in the landlord’s favor, it will issue a Judgment and tenant will be obligated to move out.
Notices By Type
24-Hour Notice to Quit (Imminent Danger or Illegal Activity) – This notice may be served if the tenant is engaging in dangerous activities on the premises.
14/10-Day Notice to Quit (Non-Compliance) – Gives fourteen (14) days for the tenant to fix the noncompliance or vacate the property. If it’s the tenant’s second (2nd) violation in the last six (6) months of the same designation then the landlord has the option to cancel the lease by providing ten (10) days’ notice.
30-Day Notice to Quit (Month to Month Tenancy) – This notice is to alert a party of the intention not to renew a month-to-month tenancy.
When is Rent Due
Rent is due on the date specified in the lease, however, a landlord may not provide notice until a minimum of 5 days after rent is late and then tenant has 6 days to pay before landlord can proceed. According to § 90.260 the landlord may not begin charging late fees or give notice for non-payment until the 4th day and it is specified in the lease.
How to Evict (Process)
Step 1 – In Oregon, it is required to let the tenant know of the landlord’s intention to seek eviction and to wait the specified time period to give tenant a chance to move out or cure the issue. There are several types of notices, depending on the issue:
- 24-Hour Notice to Quit (Imminent Danger or Illegal Activity)
- 6-Day Notice to Quit (Non-Payment of Rent)
- 30-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – Once the requisite time period has elapsed and tenant has failed to respond to the notice provided by landlord, landlord may seek redress in the Circuit Court representing the county in which the property is located. In order to begin an eviction case, landlord must file a Residential Eviction Complaint and a Summons and pay a $79 fee. In addition, landlord must provide copies of the notice he delivered to tenant.
Step 3 – Once it has been filed, the court clerk will give you a copy of the summons and complaint to serve on tenant. The Tenant must be served by the end of the day after the day the complaint was filed. The tenant will have the right to submit an Answer Form (See Laws) and defend themselves.
Step 4 – The Court will set a date for a hearing and if tenant fails to show up or the court finds in favor of landlord, the court will issue a Judgment and the tenant will be obligated to move out.