Every step, every statute, every timeline: ORS § 90 (Residential Landlord and Tenant)
This guide outlines the Oregon eviction process for landlords with 1-20 units. Understanding these steps is critical. Oregon has some of the strongest tenant protections in the nation. Mistakes can be costly. This document provides practical, Oregon-specific guidance.
The controlling statute for residential landlord-tenant relations in Oregon is ORS § 90 (Residential Landlord and Tenant). This statute governs everything from lease agreements to eviction procedures. Familiarity with ORS § 90 is not optional. It is foundational to operating rental properties in this state.
Oregon's approach to landlord-tenant law is distinct. It is heavily tenant-protective. This means the burden often falls on the landlord to demonstrate strict compliance with legal requirements. The state prioritizes housing stability. This is evident in its statewide just-cause eviction requirements and extended notice periods.
Unlike some states, Oregon does not allow "no-cause" evictions for tenants who have resided in a property for more than the initial tenancy period (typically the first year). This is a statewide mandate. Landlords must have a legally recognized reason to terminate a tenancy. This reason must be stated in the eviction notice. Failure to state a valid just cause will invalidate the notice.
The primary regulator is the Oregon Judicial Department, specifically the circuit courts. These courts hear eviction cases, officially termed "Forcible Entry and Detainer" (FED) actions. Landlords initiate these actions. Courts enforce ORS § 90. Local housing authorities and legal aid organizations also play a significant role. They often advise tenants and monitor landlord compliance. The Bureau of Labor and Industries (BOLI) handles discrimination complaints, which can sometimes intersect with eviction proceedings.
For landlords with 1-20 units, the practical bottom line is precision. Every step must be executed correctly. Informal agreements or shortcuts are not recognized. Documentation is key. Keep meticulous records of all communications, notices, and payments. Assume every interaction could become evidence in court.
One common landlord mistake: attempting to evict for non-payment without first serving a proper 10-day non-payment notice. Don't do this. Do serve the correct notice, allow the full 10 days to elapse, and only then proceed with an FED filing if the issue is not resolved. Another mistake: accepting partial payment after serving a non-payment notice without a clear, written agreement that reserves the right to proceed with eviction. This can inadvertently waive your right to evict based on that specific notice.
Oregon mandates specific notice periods. For non-payment of rent, a 10-day notice is required. This means the tenant has 10 days to pay the overdue rent or vacate the premises. The clock starts the day after the notice is served. For just-cause evictions (after the initial tenancy period), a 90-day notice is generally required. This is a significant period. It provides tenants ample time to find new housing. These notice periods are minimums. Landlords cannot shorten them.
Security deposits are also regulated. Oregon imposes a security deposit cap: 2.00 months' rent. This means a landlord cannot demand more than two times the monthly rent as a security deposit, regardless of the property's condition or tenant's credit. For example, if rent is $1,500, the maximum security deposit is $3,000. Landlords must also provide a written accounting of how the security deposit was used within 31 days of the tenancy ending. Failure to do so can result in the landlord forfeiting the right to claim any portion of the deposit.
As of recent legislative sessions, there has been ongoing discussion and some implementation of measures aimed at further stabilizing housing. One area of focus has been rent control and rent increase limitations. While statewide rent control is in place, capping annual increases, recent proposals have explored lowering that cap or expanding exemptions. Another area involves enhanced protections for tenants facing displacement due to significant property renovations or sales. Landlords should monitor legislative updates closely. Changes can impact notice requirements, relocation assistance obligations, and the definition of just cause. Staying informed is essential to maintaining compliance and avoiding legal challenges.
The Oregon eviction process, in its simplest form, involves these steps:
Each of these steps has its own set of rules and deadlines. Deviations can lead to dismissal of the case and require the landlord to restart the entire process, incurring additional time and expense. This guide will break down each step in detail, providing actionable advice for Oregon landlords.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Nonpayment of rent | 14 days | ORS 90.394 | 14 days written pay-or-quit notice. SB 608 changed this from 72 hours to 14 days in 2019. |
| Material non-curable violation | 3 days | ORS 90.396 | 72-hour (3-day) notice for drug activity, weapons offenses, serious threats. No cure right. |
| No-cause termination (first year only) | 30 days | ORS 90.427 | 30 days notice in the first year of tenancy. After 12 months, just-cause grounds required. |
| Landlord-based no-fault (after 1 year) | 90 days | ORS 90.427 | 90 days notice plus relocation assistance (one month rent) for landlords with 5+ units. Grounds: demolition, conversion, owner move-in, sale to buyer who will move in. |
Tenancy of 12+ months requires a just-cause ground. Under 12 months, 30-day no-cause notice still works.
14-day pay-or-quit, 72-hour for serious violation, 30-day no-cause in first year, 90-day landlord-based after first year.
Forcible Entry and Detainer (FED) under ORS 105.105 et seq. Filing fee $92-$170.
First appearance within 7 days. Contested cases proceed to trial within 14-30 days.
Sheriff executes within 5-15 days. Tenant may request a stay of execution up to 15 days for hardship under ORS 105.161.
Oregon's eviction process carries specific requirements. Landlords with 1-20 units must pay close attention to the details of ORS § 90 (Residential Landlord and Tenant) to avoid costly errors and delays. This section highlights Oregon-specific quirks, recent changes, and common pitfalls.
Just Cause Eviction is Statewide. Oregon is a just-cause state. This means you cannot issue a no-cause notice after the first year of occupancy. For tenancies over one year, you must have a valid "for cause" reason to terminate. The only exception to the just-cause rule for longer tenancies is if you own four or fewer rental units, and you or a family member intend to move into the unit, or you sell the unit to a buyer who intends to occupy it. Even then, specific notice periods and potential relocation assistance apply.
Non-Payment of Rent: The 10-Day Notice. For non-payment of rent, Oregon requires a 10-day notice. This notice must be precise. It must state the exact amount of rent due and the date by which it must be paid to avoid termination. If the tenant pays the full amount within the 10 days, the notice is void. Do not accept partial payments after issuing a 10-day notice without a clear, written agreement. Accepting a partial payment without such an agreement can waive your right to proceed with the eviction based on that notice. Instead of accepting a partial payment and continuing with the eviction, either accept the full payment and stop the eviction, or reject partial payment and proceed with the original notice. A common landlord mistake is accepting a partial payment, then attempting to proceed with the original notice. This will likely fail in court.
No-Cause Notices: Limited Use. A no-cause notice is generally only permissible during the first year of a tenancy. Oregon allows a 90-day no-cause notice during this initial period. Even then, certain cities or counties may have additional restrictions. For example, Portland has its own specific requirements, including mandatory relocation assistance for no-cause terminations, even within the first year, under certain circumstances. Always check local ordinances in addition to state law.
Relocation Assistance: A Significant Cost. Oregon law, particularly for larger cities like Portland, can require landlords to pay significant relocation assistance for certain "no-cause" or "for-cause" terminations. For example, if you terminate a tenancy for landlord-based reasons (e.g., owner move-in, renovation, demolition), you may owe substantial funds. In Portland, as of recent legislative sessions, relocation assistance amounts can range from approximately $2,900 for a studio/1-bedroom to $4,500 for a 3-bedroom or larger unit. These figures are subject to annual adjustment. Failure to pay required relocation assistance is a major trap and can lead to significant penalties and an inability to evict.
Security Deposits: Strict Rules. ORS § 90.300 governs security deposits. The maximum security deposit is 2.00 months' rent. You must return the deposit, or provide a written accounting of deductions, within 31 days of the tenancy ending and the tenant vacating. If you fail to do so, you can be liable for twice the amount wrongfully withheld. Itemize all deductions clearly. Do not make vague claims about "general cleaning." Provide specific costs for damages beyond normal wear and tear.
Landlord Access: 24-Hour Notice. Except in emergencies, you must provide at least 24 hours' written notice before entering a tenant's unit. This notice must state the date, time, and purpose of entry. Entering without proper notice is a violation of ORS § 90.322 and can be grounds for a tenant to terminate the lease or seek damages. Do not attempt to "check in" on a tenant without proper notice. This is a common mistake and can undermine your legal standing.
Recent Legislative Changes: Focus on Tenant Protections. As of recent legislative sessions (e.g., 2024-2026), Oregon continues to see legislative efforts aimed at increasing tenant protections. Areas of focus have included additional restrictions on rent increases, expansion of just-cause eviction requirements to more types of landlords or properties, and modifications to the types and amounts of relocation assistance. While specific bills vary in their passage and implementation, the trend is towards stricter requirements for landlords. Always verify the most current version of ORS § 90 and any applicable local ordinances before initiating an eviction or making significant changes to tenancy terms.
Service of Notice: Critical Detail. Proper service of any eviction notice is non-negotiable. Personal service is best. If not possible, mailing by first-class mail AND attaching to the main entrance of the dwelling is typically sufficient. However, if mailing, you must add an additional three days to the notice period. For a 10-day non-payment notice, if served by mail and attachment, the tenant effectively has 13 days. Failure to properly serve notice will invalidate your eviction action. Do not rely solely on email or text messages for formal notice unless explicitly agreed upon in writing and permitted by law.
County-Specific Carve-Outs: Always Check Local Laws. While ORS § 90 provides a statewide framework, specific cities and counties, particularly those with higher populations, have enacted their own ordinances that add to or modify state law. Portland, Eugene, and Corvallis are examples of areas with additional tenant protections. These can include stricter rent control, expanded just-cause requirements, and mandatory relocation assistance. Before taking any eviction action, always verify both state law and any local ordinances applicable to your property's specific location.
Understanding these Oregon-specific nuances is essential for any landlord. Errors can lead to dismissed cases, financial penalties, and prolonged disputes.
30 to 50 days uncontested from notice to sheriff lockout. Portland (Multnomah County) runs on the longer end due to volume and active tenant counsel. Lane County (Eugene) similar. Rural counties faster. The 14-day notice plus 14-30 day trial window plus 5-15 day post-judgment execution bracket the typical timeline at 33-59 days.
After 12 months of tenancy. ORS 90.427, added by SB 608 in 2019. For tenancies under 12 months, a landlord may still give 30-day no-cause notice. After 12 months, the landlord must demonstrate one of the statutorily enumerated grounds. Oregon was the first U.S. state to enact statewide just-cause; the 12-month threshold matches California's AB-1482 (also enacted 2019) and is longer than Washington (6 months).
7% plus regional CPI, or 10% (with inflation adjustment), whichever is lower. Originally 7% + CPI under SB 608 (2019); the cap was amended in 2023 to allow the 10% absolute cap to adjust upward with inflation. For 2026, the effective cap is approximately 10.5%. Buildings under 15 years old are exempt on a rolling basis. Oregon was the first U.S. state to enact statewide rent control; the framework remains operative.
Under SB 608, after 12 months of tenancy, a landlord may terminate for one of four "landlord-based" no-fault grounds: (1) demolition, (2) conversion to non-residential use, (3) owner or immediate family move-in, (4) sale of unit to buyer who intends to move in. 90-day notice required plus one month rent in relocation assistance for landlords with 5 or more units. Landlords with 4 or fewer units must still give 90-day notice but are exempt from relocation assistance.
No. Self-help eviction is prohibited under ORS 90.375 with damages including actual damages, statutory damages, and attorney fees. Multnomah County (Portland) routinely awards damages exceeding $5,000 in well-documented cases. The sheriff must execute the writ of execution; the landlord may not.
If you are an Oregon landlord, the two threshold questions are: how long has the tenant been in the unit, and what ground are you terminating on? Under 12 months of tenancy: 30-day no-cause notice still works. Over 12 months: just-cause grounds apply and 30-day no-cause notices are void. SB 608 fundamentally changed Oregon practice in 2019; standard-form leases written before that date are materially out of date.
For tenants facing eviction, the Oregon Law Center and Oregon Legal Aid Services run statewide intake. Portland and Eugene have right-to-counsel pilots; most other Oregon jurisdictions rely on legal-aid resources with longer waitlists. If you are in your first year of tenancy, the no-cause path is still open to the landlord; if you're past 12 months, the landlord must demonstrate a just-cause ground and the standard of proof is real.
Informational only, not legal advice. Consult a licensed Oregon attorney. Source attribution in the Sources band below.
