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Residential eviction actions are only for the purpose of obtaining possession of property. Prior to filing a complaint with the court, the landlord must serve proper notice to the tenant. In the case of failure to pay rent, the rent must be seven or more days past due before a complaint may be filed. If a landlord accepts a partial rent payment, the original notice may no longer be effective. A landlord must file a separate small claims action to be awarded a judgment of money or to process other non-possession claims.
An eviction is formally called an FED (Forcible Entry and Detainer). It is a complaint filed with the court to remove a tenant (defendant) from property owned or managed by the person filing the complaint.The landlord (plaintiff) must serve a written notice on the Tenant to vacate the premises. The type of notice, and the period of time by which the landlord may demand that the tenant vacate the premises, is specified by statutory law, specifically the Oregon Revised Statutes, Chapter 105.
An eviction is formally called an FED (Forcible Entry and Detainer). It is a complaint filed with the court to remove a tenant (defendant) from property owned or managed by the person filing the complaint.If you have received a Residential Eviction Complaint and Summons, your landlord (plaintiff) is trying to evict you. An FED is a complaint filed with the court by a landlord to remove a tenant from a dwelling (residence) or piece of property owned or managed by the person filing the complaint. You have to appear in court on the date listed on the Summons (this date is your first appearance).
If the tenant (defendant) does not appear at the first appearance, the court may issue a judgment of default in favor of the landlord (plaintiff). If the landlord (plaintiff) does not appear at the first appearance, the court may issue a judgment of dismissal and a judgment for costs and disbursement in favor of the tenant (defendant). If neither party appears, the case will be dismissed.At the hearing, the landlord (plaintiff) and tenant (defendant) may make an agreement and file it with the judge; or the tenant (defendant) may file an Answer to dispute the eviction.
If the landlord (plaintiff) and tenant (defendant) reach an agreement before the date of their first appearance, the parties still have to appear in court to file their agreement with the judge. At the court hearing the judge will sign a stipulated order. If the tenant (defendant) complies with the agreement, the court will dismiss the case. If the defendant does not comply, the plaintiff may file a Declaration of Non Compliance along with a Notice of Restitution and seek a Judgment of Restitution.
At trial, each side will be allowed by the court to present evidence of their claims against the other side. You need to bring any documentation you want the court to consider (e.g. cancelled checks, contracts, photographs, building inspection reports) to trial. The original must be provided to the court and you must provide copies to the other party. You will want a copy for your own use.Witnesses may be subpoenaed to testify on behalf of either party. Subpoenas should be served well in advance of the trial in accordance with Oregon Rules of Civil Procedure.
If the plaintiff prevails and is given judgment for return of the premises, a Notice of Restitution may be issued by the court clerk for possession of the property. The notice cannot be issued any later than 60 days after the judgment is entered. There is a fee for the clerk to issue the notice. The notice gives the defendant four days to move out of the premises (vacate), including removing personal property. Contact the Multnomah County Sheriff's Office for more information about their service fees.A Writ of Execution of Judgment of Restitution is a court directive that the sheriff serves on the defendant permitting the plaintiff to take possession of the premises at the end of the four day period provided for in the Notice of Restitution. The Writ must be issued by a court clerk and scheduled with the sheriff’s office. A Writ not served and enforced within 30 days of issuance will expire. There a fee for the clerk to issue the Writ, which is available in Room 210. Contact the Multnomah County Sheriff's Office for information about their service fees.FEDs may be appealed to the Court of Appeals. You may wish to consult an attorney familiar with appellate procedures for advice on how to file an appeal.
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