Residential Eviction in Oregon- A Case Study

[Mike Sattem]

All:

I wanted to share my recent experience with a residential eviction in Oregon with timelines, as there was nothing Oregon specific I could find in the forums. I will add the that first item is specific to the fact that this property was purchased at trustee's sale; meaning that I inherited a tenant at sufferance, with whom I had no previous rental relationship. The "tenant" was the previous owner.

1. After the Trustee Sale, a notice was posted on the front and back door of the property notifying the current occupants that the home in which they were living had been sold, and providing them with instructions on when they would have to be out. Under Oregon Law they are afforded 10 days possession of the property after the sale.

2. We had made contact with the tenant and offered $1000 cash for keys, but this offer was declined.  On the 11th day after the sale, an eviction packet was filed with the local court. 

3. Three days after filling the eviction we received our Court date for the first appearance. The court date was 9 days after the initial filing was completed.

4. At the initial court appearance, the judge moved our case to back of the docket after initialing calling us forward, as the tenant was not present. When our case was called again, the tenant had finally arrived. We each briefed our side of the eviction case, with the tenant claiming he was unable to move out due to a bad knee. At this point the judge asked the tenant to file an "answer" (a written document detailing why you would like a trial) with the court and proceed to trail.

5. We received a trial date 14 days after the initial hearing. The tenant did not report to the trial, and the judge ruled in favor of us, the landlords. The judge gave the tenant one week to be out of the property.

6. One week later, when the tenant had not moved out, we had to request a "notice of restitution" from the court. This document instructs the sheriff to notify the tenant that if they have not moved out within four days, they will be physically removed the property. This document is personally served on the tenant by the Sheriff.

7. On the fifth day, if the tenant is not out, you must request a "writ of execution" from the court, instructing the sheriff to remove the tenant. The sheriff will travel to the property and physically remove them from the property, allowing you to change the locks. You will then have to coordinate with all parties for when the tenant will come and collect their stuff. 

8. In total, this tenant had illegal possession of the property for 35 days, plus a few extra days on the back end when they were coming back to collect their stuff, plus the 10 days of legal possession after the trustee's sale. This scenario is pretty middle of the road. Some folks will move out as soon as the eviction notice gets posted by the sheriff. Others will fight you legally, delaying every action until the last second, and working with tenant groups to seek extensions and make you look like the bad guy.

In short, make sure your paperwork is 100% correct, and gets filed immediately. Hope this was helpful.