How to Evict a Tenant for Nonpayment of Rent in Oregon

A tenant failing to pay rent may seem like the simplest reason for an eviction:

Rent was due. The tenant didn’t pay. Therefore, the landlord can evict.

In Oregon, there are several important steps between those statements.

A landlord generally cannot begin an eviction case the day after rent becomes due. Oregon law establishes when a nonpayment notice may be served, what the notice must contain, how much time the tenant must receive, how the notice may be delivered, and what happens if the tenant pays.

There are also important rules involving partial payments, rental assistance, service of the notice, and the amount stated as necessary to cure the nonpayment.

A mistake at the notice stage can follow the landlord all the way to eviction court.

For a broader view, read How to Evict a Tenant in Oregon: A Landlord’s Step-by-Step Guide and the Oregon Eviction Process: Step-by-Step.

This guide explains the process from:

1. 1

   Rent Due

2. 2

   Rent Unpaid

3. 3

   Nonpayment Notice

4. 4

   Opportunity to Pay

5. 5

   Notice Expires

6. 6

   FED Filing

7. 7

   First Appearance

8. 8

   Resolution or Judgment

9. 9

   Recovery of Possession

First: What Does “Nonpayment of Rent” Mean?

This distinction is important.

For purposes of an Oregon nonpayment-of-rent termination, rent means rent.

A landlord should not automatically combine every amount the tenant owes into the rent balance stated as necessary to cure an ORS 90.394 nonpayment notice.

A tenant might owe:

• Monthly rent
• Late fees
• Utility charges
• Service charges
• Other fees
• Damage charges
• Other amounts under the rental agreement

Those amounts are not necessarily treated as rent for purposes of a nonpayment-of-rent termination.

For example, Oregon law specifically provides that nonpayment of a late charge alone is not grounds for termination for nonpayment of rent under ORS 90.394.

Similarly, certain utility and service charges are not rent.

They may potentially support another type of for-cause action under appropriate circumstances, but they should not simply be converted into “rent” because money is owed.

When Can an Oregon Landlord Serve a Nonpayment Notice?

For most residential tenancies that are not week-to-week, Oregon currently provides two primary nonpayment notice options:

Why Are There Both 10-Day and 13-Day Notices?

At first glance, the two options can seem strange.

Why would Oregon have both?

The difference involves when the landlord is permitted to begin the notice process.

This means landlords should not simply choose a notice because the number printed at the top looks more attractive.

The date rent became due and the date the notice will be delivered matter.

What Must the Nonpayment Notice Tell the Tenant?

An Oregon nonpayment notice is more than a statement saying:

“Pay your rent or move out.”

Among other requirements, the notice must identify the amount of rent that must be paid and the date and time by which the tenant must pay to cure the nonpayment.

Oregon law also requires landlords to provide specified information concerning rental assistance and support services in connection with nonpayment notices.

Termination notices are also subject to Oregon’s veterans-services information requirements.

The exact contents of the notice matter.

Why the Amount Matters

If the landlord states the wrong amount necessary to cure the nonpayment, that is not necessarily a harmless bookkeeping mistake.

The Oregon Supreme Court has addressed this issue and held a residential termination notice invalid where the notice inaccurately stated the amount of rent required to cure the nonpayment.

That makes the landlord’s rent ledger extremely important.

Before preparing a notice, review the documents.

Confirm:

• Who the tenants are
• Amount of periodic rent
• When rent is due
• Payments received
• Credits applied
• Outstanding rent
• Whether any payment arrangements exist
• Whether any partial payments have been accepted
• Whether rental assistance is involved
• Whether there are other facts affecting the balance

Do not prepare the notice based solely on what your property-management software says is the “total balance.”

That number may include charges that should not be included as rent in the nonpayment notice.

Once the rent balance has been verified, determine which nonpayment procedure is available.

For most tenancies other than week-to-week:

For week-to-week tenancies, different timing applies.

The notice selected should correspond to the actual tenancy and the date the landlord intends to serve it.

Timing mistakes are one of the easiest ways to create an avoidable problem.

The notice must state the appropriate expiration date and time.

How the notice is served can affect the calculation.

Current Oregon Judicial Department instructions explain that notices measured in days generally begin counting with the day after notice is given.

When a notice is served only by first-class mail, additional mailing time must be considered.

Other authorized methods of service may have different timing consequences.

This is why two otherwise identical notices served on the same calendar day using different methods may not necessarily have the same expiration.

Once the notice is prepared and the deadline has been calculated, the notice must be delivered properly.

Oregon law permits specified methods for landlord notices.

Depending upon the circumstances and rental agreement, these may include methods such as:

• Personal delivery
• First-class mail
• First-class mail combined with attachment to the premises
• Certain electronic-mail methods when statutory requirements have been satisfied

Not every landlord should assume every service method is available in every situation.

Document exactly how the notice was served.

Oregon requires additional information to accompany notices involving nonpayment.

Under ORS 90.395, landlords must deliver the Judicial Department’s required rental-assistance and support-services notice along with a termination notice for nonpayment.

That requirement also applies later when a summons for a possession case based on nonpayment is delivered.

This is important because Oregon law specifically provides for dismissal of a possession complaint in certain circumstances involving failure to deliver the required notice.

Once the notice is properly served, the tenant has the applicable period to respond.

Several things can happen.

The Tenant Pays the Required Rent

If the tenant timely cures the nonpayment by paying the amount required under the applicable rules, the landlord generally cannot proceed with the eviction as though the rent remained unpaid.

The Tenant Moves

If the tenant voluntarily returns possession, an eviction case may no longer be necessary.

There may still be financial issues to resolve later.

The Tenant Does Nothing

If the notice expires without payment and the tenant remains in possession, the landlord may be able to proceed to the FED filing stage.

The Tenant Offers a Partial Payment

This requires particular care.

What Happens if the Tenant Makes a Partial Payment?

Partial payments can create significant procedural issues.

Oregon law permits a landlord to accept a partial payment, but accepting one can affect the landlord’s ability to continue terminating the tenancy for nonpayment unless the situation falls within statutory requirements designed to preserve the landlord’s rights.

Depending upon when the partial payment is accepted, a written agreement may be important.

This is not an area where a landlord should casually accept money and assume the original notice remains unaffected.

Can the Tenant Pay After the Eviction Case Has Been Filed?

This is another important feature of Oregon nonpayment cases.

Filing the FED does not necessarily mean the tenant has permanently lost the ability to resolve the nonpayment by paying.

Oregon’s current framework provides protections involving tender of the amount owed, including rental assistance or other payment covering the nonpayment amount.

Depending upon when payment occurs, additional court costs may also become relevant.

This means landlords should keep their rent ledger current throughout the eviction process, not merely through the day the notice was served.

Do not ignore a payment because “the eviction has already been filed.”

It may affect the case.

What if the Tenant Says Rental Assistance Is Coming?

Do not simply dismiss that statement.

Oregon law specifically addresses rental assistance in nonpayment cases.

Landlords should reasonably participate with applicable rental-assistance processes where required and carefully document communications concerning assistance.

If assistance or another payment covers the nonpayment amount identified in the termination notice, that can affect whether the possession case may proceed.

If the notice has expired, rent remains unpaid, and the tenant remains in possession, don’t automatically rush to the courthouse.

Perform a final review.

This is one of the most valuable points in the entire process to catch a mistake.

Finding a problem before filing may mean correcting it.

Finding the same problem after the tenant’s attorney raises it in court may be much more expensive.

If the nonpayment notice has properly expired and the case remains appropriate for filing, the landlord may proceed with a residential eviction action.

The case is commonly called an FED.

The appropriate Residential Eviction Complaint and Summons are filed in the circuit court for the county where the property is located.

The landlord should use the current Oregon court forms and procedures.

This is particularly important because Oregon court procedures and required FED forms can change.

The court then schedules the first appearance.

The Summons and Complaint must be properly served, and nonpayment cases remain subject to the required nonpayment/rental-assistance information requirements.

At first appearance, several outcomes are possible.

A nonpayment case may seem simple because the issue began with unpaid rent.

But once contested, the tenant may raise questions involving:

• Amount of rent claimed
• Payments or credits
• Notice contents
• Notice timing
• Service
• Rental assistance
• Partial payments
• Other procedural or legal defenses

That is why the work performed before the case is filed matters so much.

Why Nonpayment Evictions Can Be Lost Even When Rent Wasn’t Paid

This can be frustrating for landlords.

A landlord may say:

“But the tenant really didn’t pay the rent.”

That fact is obviously important.

But an eviction proceeding also requires compliance with the applicable process.

A landlord can potentially have a legitimate underlying problem and still encounter difficulty because of:

• Incorrect notice
• Incorrect rent amount
• Improper service
• Incorrect expiration
• Missing required information
• Filing too early
• Mishandled partial payment
• Rental-assistance issues
• Incorrect court documents
• Other procedural defects

Those are not always the same question.

The Cost of Starting Over

If a nonpayment eviction is dismissed because of a significant defect, the financial effect can extend beyond the original filing fee.

Potential consequences can include:

• Additional unpaid rent
• Additional time with the tenant in possession
• New notice preparation
• New service costs
• Another court filing fee
• Another summons-service expense
• Additional carrying costs
• Potential exposure to recoverable attorney fees or costs
• Additional weeks before possession can be recovered

And after all of that:

The landlord may still need to complete the eviction.

There are no guarantees in court, whether a landlord handles the process alone or receives professional assistance.

But avoiding preventable procedural mistakes can make substantial financial sense.

What About the Money the Tenant Owes?

Remember that the FED is primarily about possession.

A landlord may also be owed:

• Unpaid rent
• Property damage
• Cleaning expenses
• Other lawful charges
• Court-related amounts
• Other amounts arising from the tenancy

Obtaining possession does not necessarily resolve those financial claims.

After the tenancy ends, the landlord may need to complete the security-deposit accounting and determine whether a separate small-claims or civil action is appropriate to pursue money still owed.

Metro Eviction Services can assist with procedural document preparation and filing assistance for appropriate landlord money claims. The landlord remains responsible for appearing in their own case unless represented by qualified legal counsel.

The Oregon Nonpayment Eviction Roadmap

1. 1

   Rent Becomes Due

   Confirm the rental agreement and amount.

2. 2

   Rent Remains Unpaid

   Reconcile the rent ledger.

3. 3

   Determine When a Notice May Be Served

   Identify the tenancy type and applicable timing.

4. 4

   Prepare the Appropriate Notice

   State the correct rent amount and required cure deadline.

5. 5

   Serve the Notice Properly

   Document the method and date.

6. 6

   Provide Required Nonpayment Information

   Include current required assistance/support information.

7. 7

   Wait Through the Notice Period

   Monitor payments, partial payments, assistance and tenant actions.

8. 8

   Review Before Filing

   Make sure the notice and case are procedurally ready.

9. 9

   File the FED

   Use current Oregon court forms and procedures.

10. 10

    Serve the Court Documents

    Complete required service.

11. 11

    First Appearance

    Default, agreement, or contested case.

12. 12

    Judgment / Recovery of Possession

    Complete the lawful process if possession is not voluntarily returned.

13. 13

    Financial Cleanup

    Address unpaid balances, deposits, damages and potential money claims.

Where Metro Eviction Services Can Help

A nonpayment eviction contains multiple procedural stages, and landlords can contact Metro at different points in the process.

Metro Eviction Services can assist with services including:

• Review of procedural information and documents supplied by the landlord
• Nonpayment notice preparation
• Notice service coordination
• Deadline and procedural tracking
• FED document preparation and filing assistance
• Summons and Complaint service coordination
• First-appearance agent services
• Mediation and stipulated-agreement support
• Judgment and restitution documentation
• Writ and sheriff coordination
• Recovery-of-possession coordination
• Post-tenancy money-claim and small-claims preparation assistance

Metro Eviction Services does not provide legal advice or attorney representation.

If a matter becomes contested litigation requiring legal advice or representation, the landlord should obtain qualified Oregon legal counsel.

Tenant Hasn’t Paid? Start With the Facts.

If you’re dealing with unpaid rent, have the following information available:

You do not need to determine every procedural answer before contacting Metro.

Official Oregon Resources

For current Oregon statutes and court procedures, landlords should consult the Oregon Judicial Department and the current Oregon Revised Statutes.