Having to do an eviction is never fun. We always recommend doing the best, most thorough screening you can to eliminate the bad tenants ahead of time. Even with a great screening process, evictions happen and you may be wondering what to do if you’re in the position that you have to remove a bad tenant. Today, we’ll cover some of the highlights of the Oregon eviction process.
How to Evict a Tenant: Serve Notice
The most common type of eviction starts with a 72-hour Notice of Nonpayment of Rent. When rent is due and the tenants don’t pay, you wait for a prescribed amount of time and you post your notice. After the notice expires, you can file for eviction and get a court date. Then, you move forward.
How to Evict a Tenant: Forced Eviction Detainer
Other types of eviction require a 30 Day or 60 Day Notice. These laws are always changing, so make sure you’re up to date on the latest legislation. Each state has variances, and there are legal differences even from city to city or county to county. After the notice expires, in the best case scenario your tenants move out and you get your property back. If they don’t move out, you can begin the court proceedings. This is the FED process, which is a Forced Eviction Detainer. Some judges will require mediation, and others will give the tenants the option to explain. However, if they haven’t paid their rent, the case is decided quickly. The tenants can fight the eviction and request a trial, and that process gets more complex.
How to Evict a Tenant: Regaining Possession
You’ll need to pay the court fees and then if you do win, you will get a judgment. If the tenant still hasn’t moved out after the expiration of the time allotted by the judge, you go back to the court and pay another fee to get the sheriff to come out and post a notice. The sheriff’s notice requires the tenants to leave within 24 or 48 hours. If necessary, the sheriff will then physically remove the tenants from the property.
Most evictions will require some time. They are never fun and you want to avoid them when you can.
This is not legal advice. We are not lawyers, and you should always seek legal counsel and proceed cautiously. A lot of what you do will depend on your rental agreement as well as the law. Screening and strong rental agreements are imperative.