What constitutes grounds for eviction in Oregon?

Residential eviction occurs when a court, on orders of a landlord, takes action against a tenant to evict the tenant(s) from a rented dwelling. The dwelling can be a house, apartment, mobile home, mobile home space, or floating home. This blog post will discuss reasons why a landlord may evict tenants and will outline suggestions for avoiding eviction.

 

Nonpayment of Rent and Late Fee

A landlord has the right to charge a late fee as described in the lease. The lease will give you information detailing how the late charge is calculated, the date on which the rent payment is due, and the date on which a late fee is due (if rent has not been paid on time). Landlords must wait at least 4 days after rent is due to charge a late fee. Read your lease carefully, and take note of these dates.

If a tenant is 5 days late in paying rent, the landlord is allowed to issues a 144-hour notice to either pay or vacate. If a tenant is 8 days late in paying rent, the landlord is allowed to issue a 72-hour notice to pay or vacate. However, if the rent is paid within the notice period, the tenant is not required to vacate the property.

If a tenant is unable to pay rent and the late fee, the landlord may be able to claim grounds for eviction. This means that the tenant may receive a notice to vacate the property within 30 days. In addition, the landlord may also impose interest charges on unpaid late fees.

 

Pet Damage, or the Potential for Pet Damage

This aspect varies from property to property, as some rental properties allow pets, while others do not. Read your lease carefully to check whether pets are allowed. If so, make sure you are not bringing in pets forbidden by the lease. If a tenant violates the pet agreement of the lease, their landlord can require that the pet be removed within 10 days or the tenant will be evicted.

 

Certain Extreme Acts

If a tenant has committed certain acts considered “extreme,” their landlord can give them a 24-hour notice to vacate the property. Extreme acts do not need to violate a criminal statue to be considered grounds for eviction.

These acts include threatening other tenants, intentionally damaging property, injuring someone, engaging in prostitution, or possessing a controlled substance. A landlord can also evict perpetrators of physical violence related to domestic violence, sexual assault, or stalking against a household member who is a tenant. In such cases, the landlord can only evict the perpetrator of said acts- not any other tenants covered by the lease agreement.

 

What happens during the eviction process?

If you receive an eviction notice, there are steps you can take as a tenant to stop it. Here is what to expect if you receive notice of eviction, and what actions you can take to potentially stop the eviction from being enacted.

  1. Filing of Summons and Complaint: The landlord initiates the eviction process by filing a summons and complaint. The court clerk will assign a date for the first court appearance.
  2. First Court Appearance:
    • If the tenant appears in court and wishes to contest the eviction, mediation will be offered to both parties.
    • If either party declines mediation or no agreement is reached, the tenant must file an official answer to the complaint by 4:00 p.m. on the same day of the hearing.
    • Both parties should report to the court clerk to pay any required fees related to the hearing.
  3. Mediation Outcome:
    • If the parties reach a resolution through mediation, the case may be dismissed.
    • If either party fails to uphold the terms of the agreement, the other party can file a declaration, and the court may enter a judgment.
  4. Court Judgment:
    • If the landlord wins at trial or if the tenant does not follow the terms of a mediated agreement, resulting in a judgment for restitution, the landlord has the right to seek the tenant’s removal from the property.

 

What other actions can I take to prevent eviction?

Eviction is rare, but it can be very stressful. There are a variety of ways to avoid being evicted. In general, tenants will not be evicted from their residency as long as they follow the terms of the lease. Make sure to read your lease carefully before signing and note any areas of concern! If you have any questions about articles in the lease, talk to your landlord and property manager before signing.