The Oregon eviction process provides for the steps a residential landlord must follow before legally evicting a tenant.
Under no circumstances may a landlord take steps to evict a landlord not mandated in the Oregon eviction process and which does not involve court action. A landlord may not forcibly evict a tenant. If they do forcibly remove a tenant the landlord may be liable in a civil action to the tenant.
Damages may include two month’s rent or twice the tenant’s damages, whichever is greater, plus a month’s rent if the landlord entered the premises and changed the locks or removed property, and damages for emotional distress. The tenant has one year to file suit.
For evictions based on a violation of the lease other than nonpayment of rent, the Oregon eviction notice is 30-days, or 33-days if the notice is mailed. If the violation is an ongoing one, such as having unauthorized persons, the notice can provide that the violation be remedied within 14-days. If the tenant has been disturbing tenants, the landlord may advise the tenant to remedy the problem immediately or an eviction suit will be filed.
Having an unauthorized pet only requires a 10-day notice to remove the pet. Should the pet commit an “outrageous” act such as seriously injuring someone or causes major damage to the unit on more than one occasion, the landlord may serve a 24-hour notice advising the tenant to remove the animal, leave the unit or face eviction. If the pet leaves but then returns, the notice must again be served but with no opportunity for the tenant to remain.
For nonpayment of rent, the Oregon eviction notice is 72-hours,which can be served only after the rent is more than 7-days overdue. A lease agreement may allow the landlord to give 144 hours notice to pay rent or move if the rent is more than 4-days overdue. A partial payment of the rent may be accepted without waiver of the eviction action by the landlord if the landlord states in writing that partial acceptance does not waive eviction. Also, if the landlord returns the partial rent within 6-days of its receipt, it does not constitute acceptance or waiver of the eviction action.
For outrageous acts by a tenant or someone in the tenant’s control, the landlord may give 24-hour notice to cease the conduct. If it is repeated, the same notice must be given but the lease is considered terminated. An outrageous activity is threatening injury to someone, causing substantial damage or engaging in illegal drug activity. The 24-hour notice is also used for subleasing in violation of the lease.
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