Being Evicted For Rent
ORS 90.394 and ORS 105.137 — 10 or 13 days' notice for nonpayment, then a first appearance in court
| Tenancy | Notice of nonpayment | Earliest it may be given |
|---|---|---|
| TenancyWeek to week | Notice of nonpaymentAt least 72 hours | Earliest it may be givenThe fifth day of the rental period, counting the day rent is due |
| TenancyAny other tenancy | Notice of nonpaymentAt least 10 days | Earliest it may be givenThe eighth day of the rental period, counting the day rent is due |
| TenancyAny other tenancy | Notice of nonpaymentAt least 13 days | Earliest it may be givenThe fifth day of the rental period, counting the day rent is due |
The written notice states the nonpayment, the landlord's intention to end the rental agreement if the rent is not paid within the notice period, the amount that has to be paid, and the date and time by which it has to be paid. Paying within that period cures the nonpayment.
The first appearance. If the landlord files, the court clerk sets the first appearance 15 days after the judicial day following payment of the filing fee for a nonpayment claim, and seven days after for other claims. A default judgment for possession is entered only if the landlord appears and the tenant does not; if the tenant appears and the landlord does not, the complaint is dismissed.
If both appear and the case has not settled, the court sets a trial, for a nonpayment claim no earlier than 15 days and no later than 30 days after the appearance. A tenant without a lawyer may answer on a court form listing defenses such as repairs not made, retaliation, or a defective notice, and is not limited at trial to what the form raised.
Terminations for other causes, no cause terminations, and the notice of restitution after judgment are in sections not reproduced here. Attorney fees may not be awarded to a landlord when the tenant does not contest the case. Whether a particular notice was valid is a question for a licensed Oregon attorney.
Sources for this section (3)
- ORS 90.394 — Termination of tenancy for failure to pay rent
- ORS 105.135 — Service and return of summons
- ORS 105.137 — Effect of failure of party to appear
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.