Oregon Renters' Handbook - OSPIRG

Chapter 9 Evictions & OtherLandlord RemediesForcible Entryand DetainersA Forcible Entry and Detainer(FED) is the legal term for aneviction. A landlord cannot evicta tenant without a legal order(FED). If a tenant does notmove by the day on the notice,the landlord must file an FEDat the County Courthouse.A tenant who is unable topay the rent, and a landlordwho isn’t receiving the rent, may findthat a settlement is best for bothparties, before or after the landlordbrings the FED action. For example, atenant with a lease may want to askhis landlord for a release from theremainder of the lease in return foragreeing to move out more quickly orsparing the landlord the time andexpense of bringing an FED action.With any eviction notice, if thetenant does not leave within thespecified time, the landlord musttake the tenant to court to recoverpossession of the premises.Serving NoticesWith rare exception (e.g., whena lease expires on the givendate), all evictions must startwith a termination notice.All written notices from oneparty to another may be servedby personal delivery or by “firstclass mail” (not certified or registeredmail). If a notice is servedby mail, 3 days must be addedbefore the notice will take effect,and the fact that the notice hasbeen extended by 3 days must bestated in the notice. (90.155(2))The notice period begins theday after the notice ismailed or delivered and lasts untilmidnight of the last day of the noticeperiod.(90.160)The only exceptions to the aboveare for 72-hour and 144-hournonpayment of rent notices, 48-hour notice of drug and alcoholfree housing violation, and most24-hour notices.www.ospirgstudents.orgOSPIRG59