I’m an Oregon landlord with a difficult tenant. I’ve given the tenant the proper Oregon termination notice, but he still won’t leave. What next? What is the Oregon eviction process?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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If you are an Oregon landlord and your tenant will not leave your property even though you have given proper Oregon notice of termination, your next step is to file a “forcible entry and detainer” action. You do this by going to your local circuit court and filing the complaint with the court. The tenant will then be served with papers that include a first appearance date on which both of you will have to appear in court (usually within 7 days of your filing).

At the first appearance, you will automatically win if the tenant does not show up. If the tenant does show up, he or she will probably ask for a trial. You will get a trial date on which you and your tenant will each argue your side. If the judge decides for the tenant, you may have to pay his or her legal fees. If the judge rules for you, you can get a court order to have the sheriff post 3-day notice on the tenant’s door. This means that if the tenant does not move within 3 days, the sheriff will physically remove the tenant from your property. Remember that in Oregon (and in all states), it is illegal for a landlord to physically remove a tenant. A landlord must get a court order and a sheriff to remove a tenant from his or her property.

Remember that you can always seek the advice and counsel of an experienced Oregon evictions attorney if at any point the eviction process is becoming more than you have time to handle on your own.

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