How to Evict a Tenant in Oregon

Evict your tenant properly and you can rent the space to someone new.

You are the landlord of an Oregon residential property and the tenant in apartment B202 is a constant headache. After weighing several considerations, you have decided to initiate eviction proceedings. You cannot, however, immediately seek the help of the sheriff and you cannot change the locks or shut off the tenant's utilities; you have to follow procedure. Follow the proper procedure and you will have the bad tenant ousted and room to lease to a new (hopefully better) tenant.

Things You'll Need

• Eviction notice

Instructions

1. Determine the type of notice you need to serve on the tenant. Oregon law provides several options for providing a tenant with notice that you intend to evict him. For example, no-cause notices may be drafted and may simply state that the tenant needs to vacate the property in 30 days; for-cause notices may allow for different times in which the tenant must vacate, but must state the cause. For a list of notices, visit rentlaw.com (see Resources section).

2. Draft the notice and serve it on the tenant. The notice must be written. It must state that you intend to evict the tenant and it must state how long the tenant has to vacate. For-cause notices must state the cause for the eviction.

3. Wait the specified period of time. Once you serve notice, the tenant can voluntarily leave the premises within the time specified in the notice. If the tenant does not leave, you must begin the formal eviction procedure by filing a complaint in court.

4. Visit the county court in the county where the tenant is located and file an eviction complaint with the clerk. Eviction actions are handled by an Oregon small-claims court. Pre-made forms are available for you to fill out and file (see Resources section). Fill out the complaint and file it with the clerk. The court will schedule hearings, and if you prevail in the legal process, the sheriff will help you forcibly evict the tenant.

Tips & Warnings

• The law often changes and is filled with potential pitfalls for those seeking to handle their own legal problems. This article is not intended to provide you with legal advice. You are strongly encouraged to seek the assistance of an attorney in your area.

References

• Oregon State Bar: Residential Evictions
• Tenant.net: Eviction Notices in Oregon

Resources

• Rent Law: Oregon Evictions
• Oregon.gov: Residential Eviction Court Forms