Landlord/Tenant

The landlord must serve the tenant with a written notice to vacate the premises. The type of notice, and time which the landlord may demand a tenant vacate the premises, can be found in the Oregon Revised Statutes, Chapter 105. The vacate date in the notice must pass before filing an eviction case with the Court.

If the landlord accepts partial rent after serving a notice to vacate for non-payment of rent, the original notice may no longer be effective. In 2023 the Oregon Legislature passed House Bill 2001. This updated Oregon Revised Statutes, Chapter 90 and landlord requirements for non-payment evictions.

Court staff cannot answer any questions about which notice to give. You will need to speak to an attorney, or you can contact the Oregon State Bar.

When a landlord is ready to file with the court, they will file a Summons and Complaint.    

Hearings are scheduled either at the Central Courthouse in downtown Portland, or the East County Courthouse in Gresham, based on the premises address zip code. Premises with the following zip codes will be heard at the East County Courthouse.

The summons must have the correct appearance location. If the information is incorrect or missing, the court will not accept the filing.

A copy of the notice served to the tenant should be included with the complaint. The landlord should wait until any compliance (“cure”) date given in the notice has passed before starting a case.

Once the documents are accepted a first appearance hearing date will be assigned by the court. These are typically 7-14 days but can be 15-21 days for certain non-payment of rent issues. The landlord must have the documents served on tenants by the next judicial day. A judicial day is a day the court is open for business. Service cannot be done by the landlord.The court does not provide service copies directly to the Multnomah County Sheriff or to any process servers for the landlord. The Proof of Service must be filed before the first appearance.

More information on residential matters can be found on the court pamphlet Instructions for Landlords. Please review this carefully before filing a case.
 

Eviction court is not for the collection of back rent or payments for damages to the property. The landlord must file a separate case for this. Landlords can file a civil complaint for amounts over $10,000or small claims for amounts $10,000 or less. 

At any point in the case parties may come to an agreement and file that with the court for a judge's approval. Below are some common scenarios:

• The landlord and tenant reach an agreement before the date of their first appearance. Parties still have to appear in court to file their agreement with the judge. At the court hearing the judge will acknowledge their agreement with a stipulated order or judgment.
• The landlord and tenant reach an agreement at their first appearance. Parties still need to appear in court to file the agreement with the judge. The judge will sign a stipulated order or judgment.
• The landlord and tenant reach an agreement before a scheduled trial. Parties can file the agreement with the court prior to the trial date. If approved the judge will sign a stipulated order or judgment. 

If the judge signed a stipulated order, and the tenant complies with the agreement, the case will be dismissed. If a judgment was signed, the case will be closed. 

If the tenant does not comply, the landlord may seek to remove them from the property. The landlord may file a Declaration of Non-Compliance along with a Notice of Restitution and seek a Judgment of Restitution. 

If the landlord wins, a judgment for return of the premises may be signed by the judge. This judgment is valid for 60 days.

A Notice of Restitution may then be issued by the court clerk for possession of the property. The notice must be issued 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 tenant a final deadline to move out of the premises (vacate). This includes the tenant removing personal property. The Notice cannot be served by the landlord. The court does not provide service copies directly to the Multnomah County Sherriff or process servers for the landlord.

After the final deadline has passed the landlord may request a Writ of Execution of Judgment of Restitution. This is a court directive that allows the sheriff to remove the tenant and return possession of the premises to the landlord. The Writ must be issued by a court clerk and scheduled with the sheriff's office. 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 Multnomah County Sheriff's Office for information about their service fees.

If the landlord loses, they can file an appeal. Eviction cases may be appealed with the Court of Appeals. For advice on how to file an appeal you will need to speak with an attorney familiar with appellate procedures.

Beginning 1/13/2025, first appearances will be held at 8:45AM at both courthouses.

Please check your notice to verify the date, time, and location of your hearing. Please be on-time and wait until your case is called. You may appear remotely at this hearing. Please see your notice for information on how to join. If you are represented by an attorney, they are required to appear in person. If you appear in person, please make sure you check in with counter staff before making your way to the courtroom.

If you do not appear at the first appearance, the court may issue a default judgment of restitution in favor of the landlord.

If the landlord does not appear at the first appearance, the court may issue a judgment of dismissal and a judgment for costs and disbursement in favor of you, the tenant.

If neither party appears, the case will be dismissed.

If both you and the landlord appear, a judge may ask parties to try and come to an agreement.

If you have appeared remotely, the judge may ask you to exchange phone numbers and try to come to an agreement. Please remember that you will need to call back into the court hearing after you talk to the landlord or the landlord’s representative. This can be a lengthy process. If you do not hear from the landlord after 45 minutes, it is recommended that you call back into the hearing to check in.

If an agreement is made it will be presented to the judge in court, and if approved, will be entered into the record.

If  the parties cannot reach an agreement the Judge may order the matter set for trial. If both sides are represented by attorneys, the case will be referred to Presiding Call to be assigned to a judge for trial.

If the case is set for trial, you must file an Answer by end of day. You must also pay a filing fee or request a waiver/deferral. You may find this form at the customer service counter, or in the Forms section of this page.   

If you, the tenant, request a jury trial, there is an answer fee as well as a jury trial fee. This fee is the tenant's responsibility and should be paid immediately. 

If you have not left the property by the final deadline the landlord may request a Writ of Execution of Judgment of Restitution. This is a court directive that allows the Sheriff to remove you from the property and return the premises to the landlord.

You can appeal an eviction case with the Court of Appeals. You may wish to consult an attorney familiar with appellate procedures for advice on how to file an appeal.