An eviction is formally called an FED (Forcible Entry and Detainer). It is a complaint filed with the court to remove a tenant from property owned or managed by the person filing the complaint.  The landlord is the plaintiff, and the tenant is the defendant throughout the case

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

If you have questions about which type of notice you need to give, see a lawyer or contact the Oregon State Bar at 503.620.0222 or (in Oregon) 800.452.8260, or go to www.oregonstatebar.org.

Timing of the notice deadline:

v  Your notice must specify the date and time that it expires. You must give the defendant (tenant) the amount of time required by the laws.

v  When counting time, Day 1 is the day after notice is given.

v  If you mail the notice, add 3 days to the minimum time required by the law (see list above). So if you are mailing notice, you must allow 4 days before you begin counting the defendant (tenant)’s time to respond.

v  If your notice period is given in hours rather than days (in the list above or other law you are using), then the time begins immediately when you give notice except

Ø  For 72-hour or 144-hour nonpayment notices, the time begins at 11:59 pm on the day you serve. Talk to a lawyer for information about this type of service.

v  The last day does not end until midnight.

v  After the time specified in the notice has passed, if the defendant (tenant) has not left the property you may file a Complaint with the court for the county where the property is located.

v  To file a complaint, complete the Residential Eviction Complaint and Summons forms and file them with the court clerk. NOTE: write all names first, middle, last on all forms.

Ø  You must include a copy of the notice you gave to the defendant (tenant), and the notice must have expired before you file.

v  Along with the Complaint, you must give the court clerk the following:

Ø  Copies of the notice:

§  3 copies if there is one adult defendant (tenant) plus

§  An additional copy for each additional adult defendant (tenant) (so if there are 2 adults, you need to file 4 copies (3 initial plus 1 additional))

Ø  The address of the premises (if there is no street address, see a lawyer)

Ø  A separate mailing address for the defendant (tenant) if the defendant (tenant) does not receive mail at that property and

Ø  The filing fee. Courts accept cash, credit and debit cards, and checks or money orders made payable to the State of Oregon. Go to www.courts.oregon.gov.

v  If the defendant (tenant) leaves the property before the court date, you have two options:

Ø  Go to court on the date specified and request a judgment and money award for your costs of filing and service or

Ø  Have the case dismissed. Send a written notification with your signature to the court clerk, directing the court to dismiss your complaint.

 v  If the defendant (tenant) does not move, does not appear in court, and has not reached an agreement with you, the judge may require the defendant (tenant) to return the premises and pay your costs.

v  If the defendant (tenant) does appear in court to oppose the eviction, the judge may require that you try to reach an agreement. Some courts may have a mediator available. Check with your local court to see if it offers this service. A mediator can help you resolve your dispute, but cannot make decisions for you or order either party to do anything. Mediation is confidential. If you do not reach an agreement, the defendant (tenant) will have to file an answer with the clerk, and provide you with a copy. The case will then be set for trial on another day. 

v  NOTE: if you get a money judgment and the defendant (tenant) pays it, you MUST file a Satisfaction of Money Awardwith the court. This form is available online or at the court.

Ø  File an Answer to dispute the eviction. The tenant can stay in the property and appear in court at the time and date listed on the Summons. If an agreement cannot be reached with the plaintiff (landlord) at that time, the tenant can file an Answer with the court clerk on the same day and pay the required fee.

§  The Answer must state a legal defense to the eviction. Saying that you can’t find a new home or can’t afford to move is not a legal defense. Some possible defenses are:

·         The landlord did not make necessary repairs. (ORS 90.321, 90.360)

·         The damage or violation listed on the Notice has been fixed, and the law allows you to fix it. See a lawyer if you do not know if the claimed damage is something you are allowed to fix. (ORS 90.392)

·         The landlord is discriminating against you because of your race, gender, family situation, religion, physical or mental disability, sexual orientation, or other reason covered by fair housing laws. (ORS 90.390)

·         The landlord is trying to evict you because you complained (or the eviction is otherwise being used to get back at you – called “retaliatory”). (ORS 90.385)

·         The landlord is trying to evict you because you have been a victim of domestic violence, sexual assault, or stalking. (ORS 90.449)

·         The eviction notice is legally incorrect. You will have to read the laws very carefully to use this defense, and you should talk to a lawyer if you think the notice was incorrect.

·         There are more defenses available. If you think you have a defense that is not listed on the Answer form, talk to a lawyer.

§  The trial date is set within 14 days of the First appearance.

*Appropriate dress is required. See UTCR 3.010 and local court rules. *Caps and hats must be removed upon entering the courtroom. *Food and drink are not allowed in the courtroom (including gum). *Weapons are not allowed in any portion of the courthouse. *Pagers, cell phones, and all other electronic devices that may disrupt court proceedings must be turned off (not just silenced, signals interfere with recordings) *Audio and video recording is not permitted without advance permission from the judge.

COURTROOM RULES: These are general courtroom rules. Judges may have additional rules.

If the tenant violates an agreement approved by the judge, the landlord can fill out an “Affidavit of Non-Compliance” form. These are available at the Civil Clerk’s window on the first floor of the Justice Services Building. The clerk will prepare a judgment form and submit to the judge for approval. The tenant has a right to object to the non-compliance. If the agreement has been changed, verbally or in writing, the court may find for the tenant.

If the defendant fails to appear at one of the hearings or at trial, a judgment of restitution can be ordered by the judge upon a request from the plaintiff. If after hearing the evidence at a trial, the judge may enter a judgment of restitution or a judgment of dismissal. The judgment of the Court is recorded as public record and is usually reviewed and reported by credit reporting agencies.

If a judgment of restitution of premises is rendered by the Court, the landlord shall enforce the judgment by paying the fee and having the Court Clerk issue a Notice of Restitution. The notice is served on the tenant and gives the tenant four working days from the date of service to vacate the premises. The landlord must make arrangements for service with either the Sheriff or a private process server. If the notice is not complied with and no hearing is requested, the landlord must return to the Court to request a Writ of Execution and pay a fee. The Court clerk issues the writ which must be served by the Sheriff’s Office.

For a fee, the Deputy Sheriff will schedule an appointment to meet the landlord at the property and physically remove the tenant.

Please refer to ORS 105.165 or contact an attorney for information on the landlord’s obligation to store tenant property.

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