Evictions
 

 

Eviction Information

Forcible Entry and Detainer (FED) Landlord/Tenant Information

GENERAL INFORMATION
An FED (Forcible Entry and Detainer) is a court action by a landlord against a tenant to remove the tenant from the rented dwelling (house, apartment, mobile home, mobile home space, or floating home). The FED action is for possession of the property only. In Oregon, all evictions from residential dwellings must go through the court. A favorable judgment for the landlord, plaintiff, will result in restitution of the premises by a specified date, as well as court costs. The court will not give the landlord a judgment for monies owed. A landlord must file a separate small claims action to be awarded a judgment to collect delinquent rent, damages or to process other non-possession claims.

NOTICE
Prior to seeking help from the Court, the landlord must serve proper notice. If the tenant is required by the landlord to do something (ie: pay rent) or to quit doing something (ie: loud music), the landlord cannot obtain help from the Court unless the tenant does not comply with the notice. In the case of failure to pay rent, the rent must be seven (7) or more days past due before a complaint can be filed with the Court. If the landlord accepts a partial rent payment, the original notice may no longer be effective.

FILING A COMPLAINT
The summons and complaint forms can be obtained at Baker County Justice Court or you may print ALL pages of the eviction packet below. BE SURE THAT YOU HAVE PRINTED PAGES 1-12. The landlord must fully complete the forms and provide four (4) copies of the notice given to the tenant. The envelope needs to be addressed to the defendant. The landlord must pay a filing fee to the Court, as well as a service fee to whoever is to serve the documents. Service may be made by the Sheriff or private process server.

FIRST APPEARANCE
After the landlord files the complaint and pays the filing fees court will schedule the first appearance. The date will be chosen based on availability of the court during the statutorily required time frame. The trial will be held at the time scheduled for a first appearance unless good cause shown for a continuance. If continued, it will be set within 2 weeks unless the landlord agrees to a later date. If the landlord and tenant reach an agreement or the defendant complies with the landlord's request prior to the first appearance, the landlord may submit a written request to the Court to have the case removed from the docket.


ANSWER
   

If tenant contests the eviction, the tenant must file an answer before the first appearance. The tenant must pay an answer filing fee, or receive a deferral from the judge. Answer forms are included in the Eviction Packet forms on this website or from the Court. The tenant fills out the answer form with the valid defense information. The tenant then files the answer form with the Court and serves the landlord with a copy. If the tenant fails to file an answer, the court may issue a judgment of restitution.

TRIAL
At the trial both landlord and tenant are allowed to offer evidence. YOU MUST BRING ALL EVIDENCE OR WITNESSESS WHICH YOU WOULD LIKE THE JUDGE TO CONSIDER TO THE TRIAL. The judge will rule on the case. If a jury trial is requested, additional fees will be required.

JUDGMENT
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 or dismissal. The judgment of the Court is recorded as public record.

ENFORCING JUDGMENT
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 (4) 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. The Court clerk issues the writ which must be served by the Sheriff's Office.

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

STORAGE OF TENANT PROPERTY
Please refer to ORS 105.165 contract an attorney for information on the landlord's obligation to store tenant property.

Please click HERE to receive Eviction Packet.

These links require Adobe Acrobat Reader. Download it for free at this site.
adobe