ORS Chapter 90 · Park and marina space tenancies

The Eviction Process in Oregon

Understanding the timeline, your rights in court, and legal protections for manufactured home residents.

This page does not apply to apartment rentals (ORS 90.120(5)).

The process of eviction is a multi-step legal journey. Only a judge can award possession to a landlord. You have the right to defend yourself in court.

Step-by-Step Timeline

1

Termination Notice

The start of the process. Often includes a ‘cure’ period allowing you to fix the issue before further action.

2

Filing Complaint

If the issue is not cured, the landlord officially files a complaint in court to begin legal proceedings.

3

First Appearance

This is NOT a trial. It is a mandatory court date to either set a formal trial date or attempt to settle.

4

Settlement/Answer

Reach a ‘Stipulated Agreement’ with the landlord, or file an ‘Answer’ presenting your legal defenses.

5

The Trial

A formal hearing before a judge. Crucially, the burden of proof rests entirely on the landlord to justify the eviction.

6

Prevailing Party

The final outcome. If the tenant wins, they remain. If the landlord wins, a lockout process begins, and storage agreements for belongings must be navigated.

Safe Harbor Provision (ORS 90.370)

Read the statute: ORS 90.370

To guarantee protection under this statute, you must complete two critical steps:

Step 1: Good Faith Counter-Claim

You must file a legitimate counter-claim against the landlord.

Step 2: Pay Disputed Rent to Court

You must deposit the full amount of the disputed rent directly with the court, not the landlord.

Legal Definitions

Answer

The formal written document filed by the tenant in response to the landlord’s Complaint, outlining defenses.

Complaint

The initial legal document filed by the landlord to begin the eviction lawsuit.

Cure

Fixing the lease violation (e.g., paying late rent) within the time frame specified in the Termination Notice.

Need Legal Help?

We provide referrals to the Eviction Defense Project and Oregon State Bar.

Oregon Law Help · Legal Aid Services of Oregon (LASO) · Oregon State Bar Referral Program

Have Questions?

Exclusive tools for OSTA members include template letters to landlords, priority advocacy support, and monthly legislative impact reports.

ORS Chapter 90

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