Oregon Eviction Notice Overview
Oregon requires a 10-day notice for non-payment of rent under ORS 90.394 (increased from 72 hours in 2021 under SB 282). Oregon does not use a 5-day notice. The state has enacted significant tenant protections including statewide rent control (SB 608, 2019) and just-cause eviction requirements.
Understanding the correct notice period is critical for Oregon landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Oregon statutory requirements before serving any eviction notice.
10-day (was 72-hour)
Actual notice period
$85 - $165
Court filing fee
Circuit
Court type
4-8 Wks
Total process
Why Oregon Uses 10-day (was 72-hour), Not 5 Days
Important: Oregon Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Oregon. Under ORS 90.394, the required notice for non-payment of rent is 10-day (was 72-hour). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 10-day (was 72-hour) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Oregon is not among them. The 10-day (was 72-hour) notice requirement in Oregon applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Oregon law.
If you are a landlord in Oregon, ensure your eviction notice complies with ORS 90.394 and includes all elements required by Circuit Court. Using our Oregon-specific template ensures you have the correct notice period and statutory language.
Oregon Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Oregon Circuit Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Oregon county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 10-day (was 72-hour) period to pay or vacate as required by ORS 90.394
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Circuit Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 10-day (was 72-hour) clock
How to Serve an Eviction Notice in Oregon
Proper service of the eviction notice is essential under Oregon law. Circuit Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Oregon courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Oregon courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 10-day (was 72-hour) period expires without payment or vacancy, file the eviction complaint at the Circuit Court in the jurisdiction where the property is located.
Oregon Eviction Timeline
The eviction process in Oregon follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 4-8 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 10-day (was 72-hour) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Oregon and can expose the landlord to substantial liability.
Oregon Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Oregon. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court Filing Fee | $85 - $165 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Oregon Eviction Notice
Below is a preview of the Oregon-specific eviction notice using the correct 10-day (was 72-hour) notice period required by ORS 90.394.
NOTICE TO PAY RENT OR QUIT
STATE OF OREGON
Pursuant to ORS 90.394
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Oregon Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to ORS 90.394, you have 10-DAY (WAS 72-HOUR) from the date of service to pay the total amount due or surrender possession.
OREGON COMPLIANCE
This notice uses the correct 10-day (was 72-hour) period required by Oregon law under ORS 90.394. A 5-day notice is not valid in Oregon.