How to evict a tenant in Oregon: steps and timeline
For unpaid rent in a month-to-month Oregon tenancy you give either a 10-day notice, no sooner than the eighth day of the rental period, or a 13-day notice, no sooner than the fifth day. If the tenant does not pay, you file a residential eviction complaint, win a judgment, and a four-day notice of restitution comes before the sheriff enforces it. Rental assistance paperwork must go out with the notice and the summons.
What notice does Oregon require for unpaid rent?
ORS 90.394 sets two choices for tenancies other than week-to-week: at least 10 days' written notice of nonpayment and your intent to end the agreement if rent is not paid, given no sooner than the eighth day of the rental period (counting the day rent is due as day one), or at least 13 days' notice given no sooner than the fifth day. For a week-to-week tenancy it is at least 72 hours, no sooner than the fifth day. The notice must state the amount to be paid and the date and time by which the tenant must pay to cure.
Under ORS 90.395 you must deliver a copy of the rental and eviction assistance notice posted by the Oregon Judicial Department with the termination notice and again with the summons. A court must dismiss the case if you did not, if you kept the tenant from paying, or if the tenant or an assistance program has tendered the amount owed under the notice.
How do you deliver the notice?
ORS 90.155 allows personal delivery, first class mail, first class mail plus attachment to a designated location if the written lease allows both ways, and email only if the tenant signed a separate email addendum with the statute's required wording. Mailing extends the compliance period by three days, and the notice must say so.
What about other lease violations?
ORS 90.392 covers cause other than the rent notice above. The notice must state what the violation is and that the agreement ends on a date at least 30 days after delivery. If the tenant can cure, it must say so, describe at least one way to cure, and give a cure date at least 14 days after delivery (7 days' and 4 days' versions apply to week-to-week tenancies). A repeat of the same violation within six months can carry a shorter notice, at least 10 days, with no right to cure. Serious acts, such as threatening or inflicting substantial injury, can be ended on 24 hours' written notice under ORS 90.396.
What does the court process look like?
The clerk sets the first appearance for seven days after the judicial day following payment of the filing fee, or 15 days for a nonpayment claim (ORS 105.135). The summons is mailed to the premises and also served on the premises by hand or by attachment to the main entrance. If both sides appear, the court sets a trial. For nonpayment, trial is no earlier than 15 days and no later than 30 days after the appearance. For other claims it is as soon as practicable and no later than 15 days after (ORS 105.137). If the tenant does not appear, a default judgment for possession requires that you appear and swear the tenant has not given up possession.
After judgment, you may enforce it only by a notice of restitution issued by the clerk that gives the tenant at least four days to move out, then a writ of execution served by the sheriff (ORS 105.151).
Example a made-up landlord delivers a 10-day nonpayment notice by hand on Monday, November 9, 2026, no sooner than the eighth day of the rental period. The deadline passes on November 19 and the landlord files on Friday, November 20. The clerk sets the first appearance 15 days after the next judicial day, Monday, November 23, so around December 8. A nonpayment trial can come between 15 and 30 days after that. A notice of restitution then gives four more days. Even with no delays, that is well over a month from the first notice, so plan for it.
Which mistakes cost an Oregon landlord time?
- Serving the 10-day notice before the eighth day of the rental period, or the 13-day notice before the fifth day. ORS 90.394 sets the earliest day.
- Leaving out the amount to be paid or the date and time to cure.
- Mailing the notice without the three added days written into it (ORS 90.155).
- Skipping the assistance notice with the termination notice or the summons. A court must dismiss on that ground (ORS 90.395).
If a case is dismissed because the tenant or an assistance program tendered the amount owed, you may still charge the tenant the filing fees you paid (ORS 90.395(5)).
What can an Oregon landlord never do?
ORS 105.105 says entry onto land must be lawful and peaceable. If a landlord unlawfully removes or excludes the tenant, or willfully cuts off heat, running water, electricity or another essential service, ORS 90.375 lets the tenant seek an injunction to recover possession or end the agreement, and recover up to two months' periodic rent or twice the actual damages, whichever is greater.
How DoorKeeping handles it
DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
Questions
- How much notice for unpaid rent in Oregon?
- At least 10 days, no sooner than the eighth day of the rental period, or at least 13 days, no sooner than the fifth day. Week-to-week tenancies get 72 hours (ORS 90.394).
- Does mailing the notice add days in Oregon?
- Yes. If you serve by first class mail alone, the compliance period is extended by three days and the notice must include the extension (ORS 90.155).
- How long after judgment before the sheriff removes the tenant in Oregon?
- The clerk issues a notice of restitution giving at least four days to move out, and only after that does the sheriff serve a writ of execution (ORS 105.151).