Oregon Eviction Notice Forms are formal documents used when a tenant is violating the terms of a rental agreement. They often mark the beginning of the eviction process, especially if the tenant fails to respond within the specified period. Generally, they define the violation and provide the tenant with the choice of fixing their mistake or moving out of the property. If they fail to comply, the landlord may file a Complaint and Summons with the local circuit court.
How to Evict a Tenant in Oregon
Step 1: Send a Notice and Wait
The eviction process in Oregon only begins when the landlord informs the violating tenant of their intention to evict them through one of the following notices:
- A 24-Hour Notice to Quit for Illegal Activity or Imminent Danger
- A 6-Day Notice to Quit for Non-Payment of Rent
- A 30-Day Notice to Quit for Non-Compliance
- A 30-Day Notice for Lease Termination
Once the landlord sends the notice, they must allow the tenant the requisite amount of time to either cure their breach or move out of the property. This is usually the time indicated in the notice.
Step 2: File a Case with the Circuit Court
If the tenant fails to respond appropriately by the deadline, the landlord can file a Residential Eviction Complaint and Summons with the circuit court at a $88 fee, in the county where the property is located. The landlord must then serve the tenant with copies of these documents.
Step 3: Serve the Tenant and Wait
Once the tenant is served with copies of the summons and complaint, the landlord must wait until the end of the day after the date of service for the tenant to respond. The tenant may file an Answer Form with the court to agree with or deny the filed charges.
Step 4: Obtain a Judgment
If the tenant fails to show up on the court-set date or the judge finds in the landlord’s favor, the landlord will receive a judgment that orders the tenant to move out of the property.
When Is Rent Due in Oregon?
Rent is due in Oregon on the date reported in the rental agreement buy a landlord may only send a pay or quit notice is a tenant has not paid in 5 days after the due date. When the notice is sent, the tenant will have 6 days to respond by paying or moving out and the landlord cannot file a lawsuit until this period has expired.
Oregon Eviction Laws and Requirements
The following laws and requirements govern the Oregon eviction process:
- § 90.396 & § 90.398, a 24-hour notice for illegal activity or imminent danger.
- § 90.260(1)(a), a 4-day grace period for late rent.
- § 90.394(2), a 3 to 6-day notice for rent non-payment
- § 90.392, a 14-day notice for non-compliance, with only 10 days allowed for a second violation.
- § 90.427(3), a 30-day notice for lease termination.
Per § 105.005 – 105.168, a landlord may file an eviction lawsuit or Actions for Recovery of Real Property with the court if a tenant fails to respond to proper notice within the given period.
Related Oregon Court Forms
- Residential Eviction Complaint – Filed by a landlord in court to begin the eviction process.
- Residential Eviction Summons – Served on the tenant to inform them that a case has been filed against them and they must appear in court on a specified date.
- Answer to a Residential Eviction – Filed by a tenant in response to the Summons, in which they may agree with the allegations or defend themselves.
- Residential Eviction General Judgment – Issued by the court as evidence of the ruling of the eviction trial.
How to Write an Oregon Notice to Quit
Step 1: From the original lease, report the tenant(s) name in full, the rental property address, and the signature date of the lease agreement.
Step 2: Supply a subject line that explains your reason for writing e.g. ‘Comply or Quit’ or ‘Immediate Eviction Notice.’
Step 3: Address the tenant by the proper name and title. In the first paragraph, mention the violation and how it is a breach of the lease.
Step 4: Depending on the type of breach, give further instructions as follows:
- Unpaid rent – Summarize the due amount by rental period ad total due amount. Give the name of the agent who may receive payment on your behalf and allow the tenant 6 days to pay or vacate.
- Immediate danger or illegal activity – Define the illegal activity as it is in the Oregon Revised Statutes § 90.396 & § 90.398 and give the tenant notice to move out immediately.
- Non-compliance – Define the violation in relation to the lease agreement and prescribe a 14-day period to cure or vacate if this is the tenant’s first such offense in in the last six months. If this is the second warning in the past 6 months, give the tenant 10 days to move out.
- Lease termination – Give an effective date that is at least 30 days from the service of this notice and discuss the security deposit and final inspection.
Step 5: Verify that you intend to file legal action against the tenant to acquire possession of the property and other damages if they fail to comply by the deadline.
Step 6: Sign under your name to authenticate the document.
Step 7: Upon delivery, the deliverer must sign the certificate of delivery indicating the date, address, and recipient of the notice delivery. The delivery method should be reported as either directly to the tenant, the tenant’s family, or their place of employment, or mailed via First Class Mail.
24-Hour Notice to Quit (Imminent Danger or Illegal Activity)
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You are hereby notified that you have violated the lease agreement dated {signature date} for the premises located at {property address}. The violation is defined as {describe breach}.
As per Oregon Revised Statutes § 90.396 & § 90.398, you must vacate the premises within 24 hours of this notice. If you do not leave, the landlord will file an eviction lawsuit against you.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
I, {deliverer’s name}, hereby confirm that I delivered a copy of this notice to {recipient’s name} on {delivery date} at {property address} via {delivery method}.
6-Day Notice to Quit (Non-Payment of Rent)
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
This is to notify you that your rent of {amount} for the property on {property address} is now at least 5 days past due. Because of this default, you have 144 hours to pay this amount or vacate the premises.
If this amount is not paid by {time} on {date} to {agent’s name}, the landlord will file for legal action to take possession of the premises.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
I, {deliverer’s name}, hereby confirm that I delivered a copy of this notice to {recipient’s name} on {delivery date} at {property address} via {delivery method}.
14/10-Day Notice to Quit (Non-Compliance)
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You are in violation of your rental agreement signed {signature date} due to the following {define the breach}. This is your {first/second} breach in the last 6 months and in accordance with {ORS 90.392(4)(a), / ORS 90.392(5)(a),}, you have {14/10} days to {comply or quit/vacate the premises}. If you don’t comply by {date}, legal action will be taken against you.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
I, {deliverer’s name}, hereby confirm that I delivered a copy of this notice to {recipient’s name} on {delivery date} at {property address} via {delivery method}.
30-Day Notice to Quit (Month to Month Tenancy)
{Date}
{Recipient Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
In accordance with section § 91.070, I, {your name}, elect to terminate the lease agreement signed {signature date}, where I am named as the {landlord/tenant} for the premises on {property address}.
The agreement will be deemed terminated on {effective date – must be at least 30 days from the service date}. Upon moving out, a security deposit of {amount} shall be sent to {mailing address}.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
I, {deliverer’s name}, hereby confirm that I delivered a copy of this notice to {recipient’s name} on {delivery date} at {property address} via {delivery method}.
Oregon 24-Hour Notice to Quit (Imminent Danger or Illegal Activity)
Oregon 6-Day Notice to Quit (Non-Payment of Rent)
Oregon 14/10-Day Notice to Quit (Non-Compliance)
Oregon 30-Day Notice to Quit (Month to Month Tenancy)
Key Points
If you wish to evict a tenant from your property in Oregon, you must first send them an eviction notice. The Oregon Eviction Notice Forms should detail the tenant’s violations in relation to the lease agreement and mention what the tenant should do next. Depending on the breach, you may give the tenant a chance to remedy the problem or ask them to move out of the property.
