Forcible Entry and Eviction - Affidavit of Noncompliance
Forcible Entry and Eviction - Request for Hearing
Forcible Entry and Eviction - Stipulated Agreement
General Judgment Eviction
An FED (Forcible Entry and Detainer) is a court action by a landlord against a tenant to remove the tenant from the rented dwelling (house, apartment, mobile home, mobile home space, or floating home). The FED action is for possession of the property only. In Oregon, all evictions from residential dwellings must go through the court. A favorable judgment for the landlord/plaintiff, will result in restitution of the premises by a specified date, as well as court costs. The court will not give the landlord a judgment for monies owed. A landlord must file a separate small claims action to be awarded a judgment to collect delinquent rent, damages or to process other non-possession claims.
Prior to seeking help from the Court, the landlord must serve proper notice. If the tenant is required by the landlord to do something (ie: pay rent) or to quit doing something (ie: loud music), the landlord cannot obtain help from the Court unless the tenant does not comply with the notice. In the case of failure to pay rent, the rent must be seven (7) or more days past due before a complaint can be filed with the Court. If the landlord accepts a partial rent payment, the original notice may no longer be effective.
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FILING A COMPLAINT
The summons and complaint forms can be obtained at the cashier counter on the first floor of the Justice Services Building for $3.00. The landlord must fully complete the forms and provide four (4) copies of the notice given to the tenant. The envelope needs to be addressed to the defendant. The landlord must pay a filing fee to the Court, as well as a service fee to whoever is to serve the documents. Service may be made by the Sheriff or private process server.
After the landlord files the complaint and pays the filing fees the court will schedule the first appearance. The first hearing will be scheduled for a Monday (or Tuesday in case of a court holiday) at 8:30 am. The date will be chosen based on availability of the court during the statutorily required time frame. At the first appearance, the Court provides an opportunity for mediation. If a mediated agreement is reached, a form is completed and will be presented to the judge for approval. If the parties cannot agree, the judge may assign a mediator to the case. If the case is not mediated, the judge will set a trial. If a trial is necessary, it will be set within 2 weeks unless the landlord agrees to a later date. If the defendant complies with the landlord’s request prior to the first appearance, the landlord may submit a written request to the Court to have the case removed from the docket.
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Non-Complaince with Mediated Agreement
If the tenant violates an agreement approved by the judge, the landlord can fill out an “Affidavit of Non-Compliance” form. These are available at the Civil Clerk’s window on the first floor of the Justice Services Building. The clerk will prepare a judgment form and submit to the judge for approval. The tenant has a right to object to the non-compliance. If the agreement has been changed, verbally or in writing, the court may find for the tenant.
If a trial is ordered, the tenant must file an answer before 5 PM on the day of the first appearance. The tenant must pay an answer filing fee, or receive a deferral from the judge. Answer forms can be purchased from the cashier for $1.00. The tenant fills out the answer form with the valid defense information. The tenant then files the answer form with the Court and serves the landlord with a copy. If the tenant fails to file an answer, the court may issue a judgment of restitution that is effective immediately.
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A trial will be scheduled within two weeks following the first appearance. At the trial both parties are allowed to offer evidence. The judge will rule on the case. If a jury trial is requested, additional fees will be required.
If the defendant fails to appear at one of the hearings or at trial, a judgment of restitution can be ordered by the judge upon a request from the plaintiff. If after hearing the evidence at a trial, the judge may enter a judgment of restitution or a judgment of dismissal. The judgment of the Court is recorded as public record and is usually reviewed and reported by credit reporting agencies.
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If a judgment of restitution of premises is rendered by the Court, the landlord shall enforce the judgment by paying the fee and having the Court Clerk issue a Notice of Restitution. The notice is served on the tenant and gives the tenant four working days from the date of service to vacate the premises. The landlord must make arrangements for service with either the Sheriff or a private process server. If the notice is not complied with and no hearing is requested, the landlord must return to the Court to request a Writ of Execution and pay a fee. The Court clerk issues the writ which must be served by the Sheriff’s Office.
For a fee, the Deputy Sheriff will schedule an appointment to meet the landlord at the property and physically remove the tenant.
STORAGE OF TENANT PROPERTY
Please refer to ORS 105.165 or contact an attorney for information on the landlord’s obligation to store tenant property.
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