RESIDENTIAL EVICTION INFORMATION FOR LANDLORDS

FED Instructions for Landlords OJD O

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RESIDENTIAL EVICTION INFORMATION FOR

LANDLORDS

An eviction is formally called an FED (Forcible Entry and Detainer). It is a complaint filed with

the court to remove a tenant from property owned or managed by the person filing the

complaint. This form is for residential evictions only – DO NOT use this form for a

commercial property, group home, farm, vacation rental, social or fraternal home, or to remove

a “squatter.”

COURT CLERKS CANNOT GIVE LEGAL ADVICE!

Landlord/Tenant law is very complex and detailed. Most of the laws are in chapters 90 and 105

of the Oregon Revised Statutes (ORS). You must also follow other laws, procedures, and prior

appellate court decisions, including the Oregon Evidence Code (OEC), the Uniform Trial Court

Rules (UTCR), and the Oregon Rules of Civil Procedure (ORCP).

(www.courts.oregon.gov/rules/Pages/default.aspx). If you do not follow the laws exactly, the

court may order you to pay the tenant’s lawyer fees. You are strongly urged to talk to a lawyer

before you try to file an eviction on your own.

Contact the Oregon State Bar at 503.620.0222 or (in Oregon) 800.452.8260 or go to

www.oregonstatebar.org for information and help finding a lawyer.

Following these instructions will not guarantee that you win your case. These

instructions are general and may not apply in a given situation. YOU are responsible for getting

legal advice about how to properly evict a tenant. These forms do NOT provide legal advice and

the Oregon Judicial Department is not responsible for the outcome of your case if you rely on

these forms.

The landlord is the plaintiff, and the tenant is the defendant throughout the case

A judgment for the plaintiff (landlord) will be for return of the property and the costs of filing

and serving the complaint. To collect back rent or damages, you must file a separate civil

complaint. A judgment for the defendants (tenants) generally means that they do not have to

move out of the property. It may also include the cost of responding to the complaint and lawyer

fees.

Fees

If you are low-income, you can ask the court to defer or waive payment of filing fees. Fill out and

submit an Application and Declaration for Deferral or Waiver of Fees, and an Order

Regarding Deferral or Waiver of Fees to the court clerk when you file your Residential

Eviction Complaint. Your complaint will not be filed until you have paid the filing fee or the

court grants your application for deferral or waiver.

FIRST: Give the defendant (tenant) an eviction notice

You must give written notice to the defendant (tenant)

 If the eviction is for nonpayment of rent, the court is required to dismiss

your complaint if:

 You do not include the required Notice re: Eviction for Nonpayment of Rent

available at www.courts.oregon.gov/forms

• NOTE: The Notice re: Eviction for Nonpayment of Rent must also be served on

the defendants. See “How do you “serve” the defendant (tenant)” section below.

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 You cause the tenant to not pay rent, including failing to reasonably participate with

a rental assistance program, or

 The unpaid amount is paid by the tenant or rental assistance. You can still collect

filing fees from the tenant in this case.

 Your notice must be properly prepared and follow both the statutes (laws) and your

rental agreement. You should talk to a lawyer about how you can give the defendant

(tenant) notice. Not all notices can be delivered in the same way.

 Specific laws may allow you to proceed with another type of notice or no notice in some

situations. Talk to a lawyer about these kinds of evictions.

Before you file a Complaint with the court, you must give one of the following notices to the

defendant (tenant) in writing and the time period in the notice must have ended:

a) 24-Hour Notice (personal injury, substantial damage, or extremely outrageous act)

(ORS 90.396

)

b) 24-Hour Notice (unlawful occupant) (ORS 90.403)

c) 24-Hour Notice (perpetrator of domestic violence, sexual abuse, or stalking) (ORS

90.445)

d) 24/48-Hour Notice (drug or alcohol program violation) (ORS 90.398)

e) 72-Hour Notice (nonpayment of rent in a week-to-week tenancy) (ORS 90.394(1))

f) 7-Day Notice (week-to-week tenancy, with cause) (ORS 90.392(6))

g) 10-Day Notice (week-to-week tenancy, no cause) (ORS 90.427(2))

h) 10-Day Notice (pet violation) (ORS 90.405)

i) 10-day or 13-day Notice for nonpayment of rent (ORS 90.394(2))

j) 10-Day or 20-Day Notice (repeat violation) (ORS 90.392* or 90.630(5))

k) 30-Day, 60-Day, or 180-Day Notice (month-to-month tenancy without stated cause)

(ORS 90.427(3)(b) or (8)

(a)(B) or (C) or 90.429)

l) 30-Day Notice (month-to-month stated cause) (ORS 90.392*, 90.630 or 90.632)

m) 30-Day notice (fixed-term tenancy without stated cause) (ORS 90.427(4)(b) or (8)(b)(B))

n) 60-Day Notice (manufactured or floating home stated cause) (ORS 90.632)

o) 90-Day Notice (for specific stated causes) (ORS 90.427(5) or (7))

* If the tenancy is week-to-week, refer to ORS 90.632(6) for specific timing rules. Fill in the

“Other Notice” section on the Complaint.

Read the referenced statutes (laws) carefully! Go to Chapter 90 of the Oregon Revised

Statutes - www.oregonlegislature.gov/bills_laws/ors/ors090.html

If you have questions about which type of notice you need to give, see a lawyer or contact the

Oregon State Bar at 503.620.0222 or (in Oregon) 800.452.8260, or go to

www.oregonstatebar.org

Notices can be purchased at most office supply stores. You can write the notice yourself if all of

the information required by the law is included.

Timing of the notice deadline

 Your notice must specify the date and time that it expires. You must give the defendant

(tenant) the amount of time required by the laws.

 When counting time, Day 1 is the day after notice is given.

 If you mail the notice, add 3 days to the minimum time required by the law (see list above).

So if you are mailing the notice, you must allow 4 days before you begin counting the

defendant (tenant)’s time to respond.

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 If your notice period is given in hours rather than days (in the list above or other law you are

using), then the time begins immediately when you give notice except

 For 72-hour non-payment notices, the time begins at 11:59 pm on the day you serve.

Talk to a lawyer for information about this type of service.

 The last day does not end until midnight.

SECOND: File a Residential Eviction Complaint if necessary

 After the time specified in the notice has passed, if the defendant (tenant) has not left the

property you may file a Complaint with the court for the county where the property is

located.

 To file a complaint, complete the Residential Eviction Complaint and Summons forms and

file them with the court clerk. NOTE: write all names first, middle, last on all forms.



MAKE SURE YOU COMPLETE THE COUNTY NAME AT THE TOP OF THE FIRST PAGE OF

EACH FORM!

 You must include a copy of the notice you gave to the defendant (tenant), and the notice

must have expired before you file

 If the eviction is for nonpayment of rent. You must also give the defendant the Notice re:

Eviction for Nonpayment of Rent along with the notice.

 Complete the veteran’s services contact information on the Summons. Go to

https://www.oregon.gov/odva/Services/Pages/County-Services.aspx

for information.

Include contact information for the county where Defendant lives.

 Along with the Complaint, you must give the court clerk the following:

 Copies of the notice:

 3 copies if there is one adult defendant (tenant) plus

 An additional copy for each additional adult defendant (tenant) (so if there are 2

adults, you need to file 4 copies (3 initial plus 1 additional))

 The address of the premises (if there is no street address, see a lawyer)

 A separate mailing address for the defendant (tenant) if the defendant (tenant) does not

receive mail at that property and

 The filing fee. Courts accept cash, credit and debit cards, and checks or money orders

made payable to the State of Oregon. Go to www.courts.oregon.gov/Pages/fees.aspx

The court clerk will usually set a court date for 7 -14 days (15 days for certain claims for

nonpayment of rent) from the judicial day after you file and pay the filing fee. A judicial day is a

day that the court is open for regular business.

The clerk will give you the original Summons and copies of the Complaint for service on the

defendant (tenant)

HOW DO YOU “SERVE” THE DEFENDANT (TENANT)?

You must officially notify all defendants (tenants) that a case has been filed. This is known as

service. Service rules are different for FED cases than for other cases. You must complete service

by the end of the judicial day after the day you filed your Complaint.

1. Personal Service:

a. By Process Server: Take a copy of the Summons and Complaint to the sheriff’s office in

the county where the property is located and have a sheriff’s officer serve the

defendant (tenant). The sheriff’s office charges a fee for service. You can also hire a

private process server of your choice.

b. By a Non-Party: Have a competent* person 18 years or older serve the papers. The

server must be a resident of Oregon or the state where the defendant is. The server

cannot be a party to the case (plaintiff or defendant), or the lawyer for a party. The

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server cannot be an employee of any party. If you have safety concerns, have the

sheriff serve the papers.

*competent means a person who can understand, remember, and tell others about an event

A Certificate of Service must be completed and filed with the court by whoever serves

the defendant (tenant). If the server is not a sheriff’s officer, then you must also include

the address and phone number of the server. This form is available online or at the court.

2. Posting: If the defendant (tenant) cannot be personally served, the process server may

post the notice at the main entrance of the defendant (tenant)’s part of the premises. This

means that if the property is an apartment, it must be posted on the front door of the

apartment, not of the whole building.

Service must be completed by the end of the judicial day after you file the Complaint

Eviction laws have changed significantly in recent years. Be sure you

review the laws and understand both your obligations and the tenant’s

rights at each stage of the process.

FIRST APPEARANCE and MEDIATION

 If the defendant (tenant) leaves the property before the court date, you have two options:

 Go to court on the date specified and request a judgment and money award for your

costs of filing and service or

 Have the case dismissed. Send a written notification with your signature to the court

clerk, directing the court to dismiss your complaint.

You must appear at the time noted on the Summons. If you do not appear, the court will dismiss

your case.

 If the defendant (tenant) does not move, does not appear in court, and has not reached an

agreement with you, the judge may require the defendant (tenant) to leave the property and

pay your costs. See the next section about the Servicemembers Civil Relief Act.

 If the defendant (tenant) does appear in court to oppose the eviction, the judge may require

that you try to reach an agreement. Some courts may have a mediator available. Check with

your local court to see if it offers this service. A mediator can help you resolve your dispute,

but cannot make decisions for you or order either party to do anything. Mediation is

confidential. If you do not reach an agreement, the defendant (tenant) will have to file an

answer with the clerk, who will provide you with a copy. The case will then be set for trial on

another day.

 NOTE: if you get a money judgment and the defendant (tenant) pays it, you MUST file a

Satisfaction of Money Award with the court. This form is available online or at the

court.

Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act (SCRA) may apply to your case. This federal law may not

allow you to get a default judgment if the defendant (tenant) does not respond. This law starts at

50 U.S.C. 3901. Your local law librarian can help you find it, or go to www.law.cornell.edu

This is an outside site maintained by Cornell University. The Oregon Judicial Department is not responsible for

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(under Get the Law click U.S. Code, then click Title 50 and Chapter 50). You must provide a

Declaration of Non-Military Service before a judge can order a default. SCRA does not

apply to all military servicemembers at all times. If a servicemember has signed the lease, you

should see a lawyer before trying to evict.

If you know the defendant (tenant) is not in the military, you must state facts that explain how

you know. Some things that are not supporting facts are: he has long hair, he has problems with

authority, she does drugs, she’s too old, or he is not a U.S. citizen. Be aware that if you make

false statements about the defendant (tenant)’s status, you may face both federal and state

penalties.

If you have the defendant (tenant)’s Social Security Number or date of birth, go to the

Department of Defense website at https://scra.dmdc.osd.mil/scra/#/home

to find out if the

defendant (tenant) is in active service. This site can give you a free statement of service status

that you can print out (called a “certificate of service” on the website). Bring this statement or a

printout of the screen to court. You can also call 571.372.1100 for military verification. Put the

date and the name of the person you spoke with on your motion. If you don’t have the Social

Security Number or date of birth, commercial websites may be able to provide information.

If you don’t know whether the defendant (tenant) is in the military and have checked the

website, or don’t have the necessary information, check “I am unable to determine whether this

person is in military service” and add any facts that you do know. The judge will decide whether

to grant the default.

YOU ARE STRONGLY ADVISED TO TALK TO A LAWYER IF A DEFENDANT

(TENANT) IS IN THE MILITARY! Contact the Oregon State Bar at the number on Page 1

for help finding a lawyer.

TRIAL

At trial, the judge will hear evidence and testimony, and will make a decision (called the

“judgment”). Both parties may present physical evidence (like photographs, rental agreements,

and the eviction notice) and call witnesses. You may read from a prepared statement or refer to

notes, but do not expect the judge to read your notes or any witness statements.

The plaintiff (landlord) must prove the case, so be prepared to show that you own or manage the

property, and facts supporting eviction, including proof of proper notice. Anything you present

to the court may be viewed by the other party and may become part of the public record. It may

be possible to protect certain kinds of information from disclosure. Talk to a lawyer if you are

concerned.

The Oregon Evidence Code (OEC) and Oregon Rules of Civil Procedure (ORCP) govern how to

admit your evidence and what you need to prove. Talk to a lawyer about how to properly prove

your case. You may believe that the facts are on your side, but if you don’t follow proper court

procedures, you may lose anyway. Links to these rules are on Page 1 of this form.

If the judge decides in favor of the defendant (tenant), the court may dismiss the case and

require the plaintiff (landlord) to pay the defendant (tenant)’s costs and lawyer fees.

If the judge decides in favor of the plaintiff (landlord), the court may order the defendant

any information on this site. Links may have moved.

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(tenant) to leave the property (move out). The defendant (tenant) may also have to pay the

plaintiff (landlord)’s costs and lawyer fees.

Go to www.osbar.org/public/legalinfo/tenant.html

for information about what may happen

after your judgment

COURTROOM RULES:

These are general court rules. Judges may have additional rules.

* Appropriate dress is required (see UTCR 3.010 and local court rules)

*Caps and hats must be removed upon entering the courtroom

*Food and drink are not allowed in the courtroom (including gum)

*Weapons are not allowed in any part of the courthouse

*Pagers, cell phones, and all other electronic devices that may disrupt court proceedings

must be turned off (not just silenced, signals interfere with recordings)

* Audio and video recording is not permitted without advance permission from the judge