Landlord-Tenant (FED) and Return of Personal Property

Forcible Entry and Detainer (Evictions) Process

FEDs (Forcible Entry and Detainer) are filed by landlords to evict tenants. These instructions and forms are available at the Deschutes County Courthouse, 1100 NW Bond Street, Bend, Oregon 97701.

Read these instructions and the forms thoroughly before attempting to file an FED. Before filing an FED, 1) the tenant(s) must receive a notice of eviction, and 2) the date/time to vacate on the notice must be expired.  At the initial hearing a judge will determine whether a trial is necessary or if the landlord should receive immediate possession. If a trial is necessary, the tenant(s) must pay their first appearance filing fee, or receive a deferral from the judge, and file an answer. Answer forms are available at the cashier.  The parties will be notified by mail of the trial date.

If the landlord prevails and is given judgment for return of the premises, a Notice of Restitution may be issued by the court clerk for possession of the property. The notice can only be issued after the expiration of the date and time to vacate the premises, and no later than 60 days after the judgment is entered. There is a fee for the clerk to issue the notice. The notice gives the tenants four days to move out of the premises, including removing personal property. Contact the Deschutes County Sheriff's Office for more information about their service fees.

A Writ of Execution of Judgment of Restitution is a court directive that the sheriff serves on the tenants permitting the landlord to take possession of the premises at the end of the four day period provided for in the Notice of Restitution. A writ not served and enforced within 30 days of issuance will expire. There is a fee for the clerk to issue the writ. Contact the Sheriff's Office for information about their service fees.

A Judgment of Restitution of Premises may not be enforced if the parties have entered into a new rental agreement, or if the landlord has accepted rent after the judgment was entered.

An FED may be appealed to the Court of Appeals in Salem. If you get to this point you may wish to consult an attorney familiar with appellate procedure 

Return of Personal Property

Return of Personal Property complaints are filed by tenants, or former tenants, against the landlords for the return of personal property. Forms are available from the Deschutes County Courthouse, 1100 NW Bond Street, Bend, Oregon 97701.

At the hearing a judge will determine if a trial is necessary, or if the tenant receives judgment for the personal property.  If a trial is necessary the landlord must pay a first appearance filing fee, or receive a deferral from the judge, and file an answer.  Answer forms are available at the cashier.  The tenant's additional trial fee may be required at that time, or at trial time, at the discretion of the judge. 

A Return of Personal Property Judgment may be appealed to the Court of Appeals in Salem.  If you get to this point you may wish to consult an attorney familiar with appellate procedure.