This guide walks Oregon housing providers through the Forcible Entry and Detainer (FED) process end to end: identifying the right termination notice, serving it correctly, filing the FED complaint in circuit court, attending the first appearance, and obtaining a judgment of restitution. It surfaces source-backed information from ORS Chapter 90 (Residential Landlord and Tenant Act) and ORS Chapter 105 (FED procedure). It is not legal advice and is not a substitute for a licensed Oregon attorney.
Oregon is a for-cause state for most tenancies past the first year of occupancy. Common grounds include nonpayment of rent (ORS 90.394), tenant cause violations (ORS 90.392), repeat violations (ORS 90.630), and qualifying landlord reasons such as sale to a buyer who will occupy, demolition, or major repairs (ORS 90.427(5)). During the first year of occupancy a landlord may generally terminate without cause on 30 days' notice; after the first year, no-cause terminations are restricted. Confirm the grounds before drafting any notice.
The notice type drives every later step. Nonpayment uses a 10-day or 13-day notice under ORS 90.394 depending on delivery method, served no earlier than the 8th day after rent is due. For-cause violations use a 30-day notice with a 14-day cure window under ORS 90.392. Repeat violations within six months may support a non-curable 10-day notice under ORS 90.630(4). Qualifying-landlord-reason terminations under ORS 90.427(5) require 90 days' notice and, where applicable, relocation assistance. Each notice must state the facts supporting termination, the date the tenancy ends, and any cure rights.
Oregon recognizes personal delivery, first-class mail, and attachment-and-mail service under ORS 90.155. Adding mailing days extends the cure or termination period (for example, three additional days when a nonpayment notice is mailed). Document the date, method, and server. Defective service is the most common reason an FED is dismissed at first appearance, so verify the math on the calendar before filing.
The tenancy is not terminated until the notice period runs and any cure right expires without cure. For nonpayment, payment in full within the cure window stops the action. For curable violations, completion of the specified cure stops the action. Accepting rent for a period after the termination date can waive the notice, with limited exceptions in ORS 90.412 and ORS 90.417. If the tenant has not cured and remains in possession after the termination date, you may file an FED.
Eviction actions are filed in the circuit court for the county where the premises are located under ORS 105.110 and ORS 105.115. The complaint must attach the termination notice and proof of service. The court issues a summons setting the first appearance, typically seven days after filing. The tenant is served with the summons and complaint; if the tenant fails to appear, the landlord may seek a default judgment of restitution.
At the first appearance under ORS 105.137, the court will either enter a stipulated agreement, set the case for trial, or refer the parties to mediation (commonly used in nonpayment cases). Many Oregon counties require landlords to bring the original notice, proof of service, the ledger, and the lease. If the tenant does not appear, the court may enter judgment of restitution that day.
If the case is set for trial, both sides present evidence on whether the notice was valid, whether grounds existed, and whether any defense applies (including habitability defenses under ORS 90.370). A judgment of restitution authorizes the landlord to request a writ of execution; the county sheriff then schedules the physical eviction. Self-help eviction (changing locks, removing belongings, shutting off utilities) is prohibited under ORS 90.375 and exposes the landlord to statutory damages.
After regaining possession, the landlord still owes the tenant a written deposit accounting within 31 days under ORS 90.300. Abandoned personal property must be handled under ORS 90.425, which requires written notice and a storage and sale process. Treat these post-eviction steps as part of the same workflow - they are the most common source of follow-on tenant claims.
A straightforward nonpayment FED commonly takes about three to six weeks from notice to judgment: the 8-day grace period plus a 10 or 13 day notice, then roughly 7 days from filing to first appearance, and additional time if a trial is set or mediation is ordered. For-cause and qualifying-landlord-reason cases take longer because of the 30-day or 90-day notice periods.
Under ORS 90.394 the landlord serves a 10-day notice (or 13-day notice if served by mail) no earlier than the 8th day after rent is due. The tenant cures by paying the full amount due within the notice period.
Only during the first year of occupancy, with 30 days' written notice (or as the lease allows for fixed-term tenancies ending). After the first year, terminations generally require for-cause grounds under ORS 90.392, ORS 90.394, or ORS 90.630, or a qualifying landlord reason under ORS 90.427(5).
In the circuit court of the county where the rental property is located. Filing is governed by ORS 105.105 through ORS 105.168. The clerk schedules a first appearance, usually within seven days, and issues a summons served on the tenant.
If the tenant fails to appear after proper service, the landlord may request a default judgment of restitution. The court can enter judgment the same day, after which the landlord may request a writ of execution and the sheriff schedules the physical eviction.
No. Self-help eviction is prohibited under ORS 90.375. A landlord who locks out the tenant, removes belongings outside the abandoned-property process, or shuts off essential services is liable for actual damages or two months' rent, whichever is greater, plus attorney fees.
Many Oregon counties refer nonpayment FEDs to mediation at the first appearance, and Multnomah County in particular routinely uses court-connected mediation. The landlord should be prepared with the ledger, notice, proof of service, and lease.
Common defenses include defective notice or service, payment or cure within the statutory window, waiver by acceptance of rent under ORS 90.412, habitability defenses under ORS 90.370, and retaliation claims under ORS 90.385. Procedural defects in the notice are the most common dismissal driver.
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Propsistant provides general landlord-tenant information from selected statutes and official sources. It is not a law firm, does not provide legal advice, does not create an attorney-client relationship, and is not a substitute for a licensed attorney in your jurisdiction.