EVICTION AND RENT

The following is the timeline for paying rent, when a late fee can be charged, and the notice and eviction process when rent is not paid. There are too many things that can happen in an eviction process to cover all of them on a website. Thus, there is a brief overview.  Contact an attorney as needed.

  • Rent is due on the 1st of each month. 

  • There is a 4 day grace period to pay rent without a penalty.

  • On the 5th of the month, a landlord can assess a late fee using one of three ways (see ORS 90.260 for details). The most common in Corvallis is a flat fee, usually between $50 and $100.

  • If rent is not paid by the 8th of the month, a landlord can issue a 10 day notice to pay rent. The day the notice is given, the 8th or later, does not count in the 10 day timeline.  So a tenant has all day until the 18th, to pay their rent IN FULL. 

  • If rent is still not in the hands of the landlord by the 18th (in the mail is not good enough), on the 19th day of the month, the landlord can file an eviction notice with the court.  The legal name of the notice is an FED (Forced Entry Detainer).  Once filed, the landlord may choose to deliver the court's notice of a hearing to you, or have it delivered by the sheriff.

  • Even if a landlord has already started an eviction case, renters can pay their overdue rent up until the time of trial and get the case dismissed.

  • Landlords can no longer turn down a rent payment just because the time to pay on the nonpayment notice has passed. 

  • Approximately 7 days after the filing is made is when you will have your hearing in court.  

  • At the hearing, the judge usually asks if the parties have come to an agreement. If you have, your pretty much done. If there isn't an agreement, one of two things are the most likely to happen:

    • The landlord says they want possession, and agree and want to move out. The judge  will set a timeline for you to move, with a minimum time of 96 hours (4 days).  Sometimes the parties agree to more time, which the judge can approve and write it into the eviction agreement. This is the most common outcome.

    • If the tenant feels that the eviction is being done for an illegal reason (retaliation, lack of habitable conditions, discrimination, etc.) and wants to present their case, the judge will set up a trial date, which must be within 15 days of the hearing (state law). A trial readiness date and time will also be set to see if a trial is still going to happen. The trial may be either with or without a jury, chosen by the tenant. Jury trials cost more (YES, there are filing fees when going to court. Losing party will likely be responsible for reimbursing the winning parties fees).

  • If you go to court and must move out by a certain date, make sure you are out.  If not, the landlord can go to court and get permission to have the sheriff remove you from the property (just the tenants, not your stuff.  That's another process that you really don't want to deal with).

For an eviction, both landlords and tenants can have an attorney represent them at any time. So if you don't have an attorney for the first hearing, but will be going to trial, I strongly urge you to get an attorney to help you with your case.

Whatever the reason may be for going to court: be on time and dressed relatively well. Be respectful and polite toward everyone - it matters.