Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
Time Limit Warning:
Under state and federal laws there are time limits for taking action to enforce your rights. Most lawsuits related to the rental agreement and the Oregon Residential Landlord and Tenant Act must be filed (started in court) within one year of the incident. There may be other - shorter - time limits that apply in other cases. Ask a lawyer about the time limits that could apply in your situation.
45. Can my landlord force me to leave the rental unit?
The landlord must go to court to force you to leave. The landlord cannot legally change the locks, shut off the utilities, remove your furniture, threaten these actions or take any other action to force you to move without first getting a court order.
There are only three ways that a landlord can get a rented place back legally:
– The tenant can move and return the keys to the landlord;
– The tenant can move away, abandoning the unit without telling anyone of plans to come back; or
– The landlord can go to court and get an order, after a hearing, to have the sheriff force the tenant to move out. Only the sheriff, with a court order, has authority to physically remove you.
46. What can I do if I am locked out or my utilities are shut off by my landlord?
The only legal way to force you out of your home is for the landlord to go to court and get an order that requires you to leave. If the landlord locks you out, tell the landlord that it is illegal and ask to be let back into your home. If this doesn't work, and if you can get in through a window or another door, do so and contact a law office. If the landlord refuses to let you back into your home and you cannot get in on your own, you can call the police. They will sometimes help. They may say that it is a civil dispute and that they will not help you. If so, contact a law office.
If your landlord unlawfully changes the locks, shuts off the power, makes serious threats or attempts to shut off your utilities, or takes other out-of-court action to force you to move, you may file a lawsuit to try to get an order so that you can return to your home. You can also sue for money damages -- for an amount up to two months' rent or for twice your actual damages, whichever is more; and for another month's rent or actual damages if the landlord entered your home illegally (for example, to change the locks). This lawsuit can include damages for emotional distress causing loss of sleep, inability to eat and other interference with your ability to use the rental unit. Note: When a tenant sues a landlord for violations of the Oregon Residential Landlord-Tenant Act, the lawsuit must be filed (started) within one year of the incident. Claims based on other laws might have different deadlines. (ORS 90.375)
See Question 29 for information about additional rights that you have if the landlord doesn't pay utility bills that the landlord is supposed to pay.
47. What does a landlord have to do to evict me?
The landlord must go to court and get a court order that says you must leave. A landlord first gives you an eviction or termination of tenancy notice, unless you had an agreement that expired on a certain date. If you do not move by the date listed in the notice, the landlord may take you to court. If your landlord takes you to court, you will be given legal papers, including a summons and complaint telling you when to go to court for first appearance. See Questions 53 and 54 for information on what happens in court.
48. What kinds of eviction notices can a landlord give?
Note: If you live in federally-subsidized housing you have additional rights to the ones included in the following rules. See Question 9.
No-Cause
If you rent month-to-month, your landlord may give you a 30-day notice (33 days if mailed and not posted) to leave without giving a reason. If you rent week-to-week, your landlord can give you a 10-day (13 day if mailed and not posted) notice to leave without giving a reason. (ORS 90.427)
But, a landlord cannot retaliate or discriminate as explained under Questions 4, 5 and 7. If you live in a mobile home park or any kind of federally subsidized housing, the landlord cannot use a no-cause notice. (See below.)
For-Cause
If you rent month-to-month, your landlord may give you a 30-day notice (33 days if mailed and not posted) for cause with the opportunity to fix the problem within 14 days. If you correct the problem listed as the cause within 14 days, then you may stay. (ORS 90.400(1))
If you cause the same problem within six months after receiving a 30-day notice for cause with a 14-day opportunity to fix the problem, the landlord may give a 10-day notice (13 days if mailed and not posted) without allowing you any time to fix the problem. (ORS 90.400(1))
If you rent week-to-week, your landlord may give you a 7 day notice for cause, with an opportunity to fix the problem in 4 days. If you cause the same problem within six months, the landlord may give you a 4-day notice without allowing you any time to fix the problem. (ORS 90.400(1))
Pets
If you are keeping a pet in violation of the rental agreement, the landlord may give you a 10-day notice to remove the pet or move (13 days if mailed and not posted). (ORS 90.405)
If your pet: 1) inflicts substantial personal injury upon the landlord, other tenants, neighbors, or others on the premises by permission; or 2) poses a threat of immediate personal injury upon the landlord or other tenants; 3) causes major damage to the unit on more than one occasion, or 4) commits an act that is outrageous in the extreme on, or very near, the premises the landlord may give you a 24-hour notice (add 3 days if mailed and not posted). This notice must tell you that if you remove the pet from the premises before the end of the 24-hour notice period you can stay in the unit. If you do this but then return the pet to the unit at any later time, the landlord can give a 24-hour notice (add 3 days if mailed and not posted). This notice can require you to move, without giving you another chance to remove the pet. (ORS 90.400(3))
Late Rent
The landlord can give you a 72-hour notice to pay rent or move after your rent is more than 7 days overdue. If your written rental agreement allows, your landlord may also give you a 144-hour notice to pay rent or move after your rent is more than 4 days overdue. The 144-hour notice can be given sooner but must give you longer to pay, so the date you must pay or move works out to be the same as with a 72-hour notice. (If you rent week-to-week, a 72-hour notice can be given if your rent is more than 4 days late.)
The landlord must accept your full payment of rent during the notice period. The landlord does not have to accept any payments offered after the notice period.
If your written agreement permits, the landlord may post this notice on your door and then mail a copy. The service is then complete on the day it is put in the mail. The landlord must give three more days for you to pay or move if the notice is mailed. If you pay, your money is due by 11:59 p.m. of the third day for a 72-hour notice or 11:59 p.m. of the sixth day for a 144-hour notice.
Usually you can mail the late rent within the time periods. BUT if the nonpayment of rent notice was personally delivered to you (not posted on your door and then mailed) AND if your written rental agreement and the nonpayment of rent notice require this, you must bring (not mail) the rent to the place listed on the notice. (The place for paying rent must be either on the premises or where you always pay rent, and it must be available throughout the notice period.) (ORS 90.400(2))
Personal Injury, Threats, Substantial Damage
If you or someone in your control: 1) inflicts substantial personal injury upon the landlord, other tenants, neighbors, or others on the premises by permission; or 2) threatens immediately to inflict personal injury upon the landlord or other tenants; or 3) causes major damage to the unit, the landlord may give you a 24-hour notice (add 3 days if mailed and not posted). (ORS 90.400(3))
Extremely Outrageous Acts
The landlord may give you a 24-hour notice (add 3 days if mailed and not posted) if you or someone in your control commits an act that is outrageous in the extreme on, or very near, the premises.
"Someone in your control' means a person that you permit to come to or stay in your place when you know or should know that he or she is committing (or is likely to commit) an 'outrageous act,' personal injury, substantial damage, or seriously threatening injury or damage.
'Outrageous acts' include (but aren't limited to) drug manufacturing or delivery, gambling, prostitution activity, burglary, or intimidation. The act must be extreme or serious. If not, the landlord must use a 30-day or a 10-day notice and not a 24-hour notice to evict a tenant. (ORS 90.400(3))
Drug and Alcohol Free Housing
If you live in 'drug and alcohol free housing' (see below) and have lived there less than 2 years, your landlord may give you a 48-hour notice for consuming, possessing or sharing drugs or alcohol on or off the premises. The notice must tell you what you did wrong and give you 24 hours to fix the problem. If you correct the problem within 24 hours, then you may stay. (ORS 90.400(7))
If you possess or use drugs or alcohol again within 6 months after receiving a 48-hour notice with a 24-hour opportunity to fix the problem, the landlord may give you a 24-hour notice to move without any chance to fix the problem. (ORS 90.400(7))
'Drug and alcohol free housing' - for a rental complex to qualify as 'drug and alcohol free housing' one tenant in each dwelling must be a recovering alcoholic or drug addict participating in a program such as AA or NA. The landlord must be a nonprofit corporation or a housing authority and must provide a drug and alcohol free environment, an employee who makes sure the tenants obey the A & D free rules, and other support for the tenants' recovery. There must also be a written rental agreement that states that the housing is alcohol and drug free, that the tenant must participate in a program of recovery and in urinalysis testing, and that the tenant may be evicted for not following these rules. (ORS 90.243)
Unlawful Occupant
If the original tenant has moved and you are subleasing in violation of a written rental agreement that prohibits subleasing, and the landlord has not knowingly accepted rent from you, the landlord may give a 24-hour notice (add 3 days if mailed and not posted). (ORS 90.400(3))
Dwelling Posted for Code Violations
If a government inspector posts your dwelling as unsafe and unlawful to occupy, the landlord may give you a 24-hour notice unless the problems were caused by the landlord. (ORS 90.380)
Employee Termination
If you live in a place because of your employment in or around the rental building (for example, a resident manager), you can be given a written notice of at least 24 hours terminating your employment. After the time in the notice has passed, the former employer can file an eviction but cannot lock you out or call the police for trespass. If you receive this kind of notice, you should contact a lawyer. (ORS 91.120)
Note: Farmworkers, who work in fields and not in and around the rental buildings, may not be evicted with this kind of 24-hour notice.
49. How does a landlord give an eviction notice?
The landlord must hand-deliver the eviction notice, mail it to your address, or put the notice on your door and mail you a copy. If the notice is handed to you, the notice period starts to run immediately. If it is only mailed to you, the landlord must add 3 days to length of notice time. If it is posted and mailed (where the written rental agreement allows this kind of service by the tenant and the landlord), the notice starts to run either when the landlord mails the notice or, for 72-hour and 144-hour notices, at 11:59 p.m. on the day the landlord posts and mails the notice.
All eviction notices must be in writing. (ORS 90.155, 90.160)
50. Can I be evicted for nonpayment if I paid part of the rent this month?
If the landlord accepts part of the rent, the landlord may not evict you during the same month for nonpayment of rent, unless you agreed to pay the balance on a certain day and then did not pay. If the landlord accepted part of the rent after serving a 72-hour or 144-hour eviction notice, it is harder for the landlord to evict you. Contact a lawyer if the landlord files for eviction. But the landlord has not 'accepted' the partial rent payment if the landlord refunds the rent within 6 days of receiving it. The refund may be by personal delivery or first class mail (mailed within the 6 days). The refund may be in any form of check or money - the landlord doesn't have to return the tenant's check. If you are a Section 8 tenant, a landlord can accept the Section 8 rent assistance payment and still evict you if you don't pay your portion of the rent. (ORS 90.415(5)-(9))
51. Can I be evicted if I have paid my rent?
Even if you paid your rent, you can be evicted for other reasons. See Question 48 for the other types of evictions.
If you have been given a 30-day no-cause eviction notice and the landlord accepts a rent payment that covers more than the 30 days, you can still be evicted after the 30 days. But, to be able to evict you, the landlord must return the extra rent to you within 6 days of receiving it. (Example: The landlord gives you a 30-day notice on July 15th and accepts a full month's rent payment from you on August 1st. On August 7th the landlord returns the rent that you paid that covers the time from August 16th to August 30th. You can be evicted after August 15th.) (ORS 105.120)
52. What happens if I don't move out after getting an eviction notice?
The landlord must go to court to legally force you to move. The landlord will file a lawsuit called an FED, forcible entry and detainer. The sheriff or someone serving the court papers (FED Summons and FED Complaint) will hand them to whoever answers the door at your home or will tape them to the door and mail a copy later. The papers will tell you when and where to appear for court for what is called first appearance. The date will be about 7 days away in most counties. It is a good idea to get legal advice as soon as you get the papers.
53. What happens at the first appearance in court? What happens if I don't go?
When you go to court on the date listed on the court papers, this is called 'first appearance.' The process varies from county to county. In most counties in Oregon, tenants may:
1) Ask the judge to dismiss the case if the landlord does not show up; [Tell the judge you will move out right away];
2) Tell the judge about any agreements you made with the landlord before court. If the landlord agreed to give you time to move, both you and the landlord should go to first appearance and tell the judge the terms of the agreement.
3) Ask the judge for a little time to move and have a good reason; or
4) Ask the judge for a trial and a fee deferral if you have a defense. See Page 29 for information about defenses.
The judge may ask you to try to work the problems out with your landlord by going through a mediation, before a trial is scheduled.
The landlord might ask you to agree to and to sign a "stipulated order". "Stipulated" means that both you and your landlord agree to the terms of the paper that you sign. The stipulated order will sometimes say that you can stay in your place if you pay all the back rent and other costs by a certain date, and it can also require you to stay current on your rent for the next three months after you make the agreement. It will also probably say that that you agree to move out if you don't pay by the agreed-upon date and that the landlord will have a judgment for the rent (a court order that says you owe the money). You don't have to sign the stipulated order, but if you do and don't follow what it says, the landlord can get a judgment against you and can enforce the agreement. If you live up to the agreement but the landlord says that you did not or if you believe the agreement was otherwise unlawful, you have the right to find out what the landlord says and to have a hearing before the sheriff moves you out. You should carefully read any papers the landlord gives you before signing. ORS 105.146.
If you ask for a trial and you do not have an attorney, you must fill out a form answer and file it on the same day that you first go to court. Most courthouses have form answers you can use to describe your defenses. See 'How to Use a Form Answer in an Eviction.' There will be a filing fee in court. If you cannot afford the filing fee, ask the judge for a fee deferral at first appearance at the same time that you ask for a trial. Get a trial date from the clerk when you file the form answer. It is a good idea to talk to a lawyer before asking for a trial, even if you are going to represent yourself.
When you go to court, you should get there on time and be neatly dressed. Look at the judge while speaking, stay calm and be polite.
If you do not show up in court for first appearance on the date and at the time listed in the papers, your landlord wins automatically. The landlord will get a court order directing you to move and may have the sheriff or a process server post a three-day notice. See Question 56.
54. What happens at an eviction trial?
When you file your answer and ask for a trial, the court clerk will give you a date for your trial. Prepare for your case before you go to court. See Sample.
At the trial you will need to prove the defenses listed in your answer. Bring photos of the conditions, copies of letters from and to your landlord, and other papers (receipts, rental agreements) that prove your case. Take witnesses who heard the landlord refuse to make repairs or who saw the conditions. See Sample. Be sure to get to court on time. Stay calm and be polite to the judge and the landlord.
If you have a lawyer and win, the judge should order the landlord to pay your attorney fees. If the landlord has a lawyer and you ask for a trial and lose, the judge probably will order you to pay for the landlord's attorney fees and costs. One type of costs is called a prevailing party fee. If you do not have much income or property, state law may protect you against this order. See Question 63.
55. Can I go to eviction court without a lawyer?
Yes, but you should try to talk to a law office before going to the first appearance. Many tenants and landlords go to the first appearance without an attorney. Most courts have form answers that you can fill out describing your defenses. See Sample Letter for information on how to use the form answer.
It is helpful to have a lawyer if there is a trial in your case. At the trial you will need to prove the defenses that you listed in your answer. See Question 54 for information about trials. You should contact a law office before going to the trial if you did not do so earlier.
56. Can I be forced to leave my home if the landlord gets a court order that requires me to move?
Yes. The landlord may get a court order if:1) you don't show up for court, or 2) you enter into a stipulated judgment (an agreement with the landlord that the judge signs as an order) and you don't leave by the agreed-upon date, or 3) you make an agreement with the landlord that the court enters as an order that you can stay if you pay rent or take some other agreed action, but you don't do what you agreed to do, or 4) you go to trial and the judge orders you to leave by a certain date. After that, you risk criminal charges if you return without permission.
If you do not move by the date listed
on the order, the landlord can have the sheriff or a process server
post a four-day notice on your door. If you don't move out by the time
and date listed on the notice, the sheriff will come back and require
you to leave while the landlord changes the locks. After that, you risk
criminal charges if you return without permission.
57. If there is a trial in my eviction case and the landlord wins, do I have to pay back rent and legal costs?
In most cases, the landlord must sue you in a separate court case to get rent that is owed. If you ask for a trial and lose, you may be asked to pay your landlord's attorney fees and court costs.
If you have signed a "stipulated order" and don't pay the rent you agreed to pay, the landlord will have a judgment against you for the rent if the order provides for this. (See Question 53 for more information about stipulated orders.)
Even if the landlord wins a judgment for back rent or for attorney fees and costs, your income might be exempt and the landlord would not be able to take it until your income increased. See Question 63.
58. If I do not pay my rent, how long will it be before I have to move?
If you have not paid your rent, the landlord may give you a 72-hour eviction notice on the 8th day of the month or a 144-hour notice after the 4th day of the month. If you do not pay in 72 hours, the landlord may file an FED in court seeking an eviction order. Within a few days, the sheriff will serve you with the legal papers or tape the papers to your door, telling you to go to court for the first appearance on a date listed in the papers. That date is usually a few days to a week after you get the papers.
When you go to the first appearance, you can ask for some time to move or ask for a trial. If you ask for a trial, a trial is usually held within one week of the date of the first appearance, but it could be as early as the next day. If you lose the trial or if you do not move on the date agreed upon, then the landlord files a paper causing the sheriff to go out to your home to put a four-day notice on your door. You will have four days to move. If you do not move within four days, the sheriff will return and require you to leave while the landlord changes the locks.
59. What can I do if I have children and I am facing eviction?
It is illegal to discriminate against families because they have children. (See Question 5.) It is not illegal to evict a family for nonpayment of rent or other legal reasons. You can call the state welfare agency to see if you can get an emergencygrant to help pay for rent or moving. Call a law office if you have trouble getting a grant. Emergency Assistance. You can also call local organizations and churches to find out whether they have emergency money or housing.