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What is an eviction?

A formal eviction generally arises from a court order requiring a tenant to vacate property held by a landlord.

Why is an eviction also referred to as a FED?

“Forcible entry and detainer” (“FED”) is a statutory (legal) cause of action designed to allow quick resolution of a single issue between a landlord and tenant, namely, which party is entitled to possession of the property.  ORS 105.110 

Information for Landlords.

Information and Instructions for Landlords (the plaintiff in eviction proceedings) 

Benefits of Mediation Services

  • Under Construction 

Information for Tenants.

Information and Instructions for Tenants (the defendant in eviction proceedings) 

General Information Regarding Evictions

What are the court fees for an eviction case?

What happens at a first appearance hearing?

If both the landlord (plaintiff) and tenant (defendant) appear at the first appearance hearing, both parties have the opportunity to enter into an agreement and file it with the court. Mediators are available to assist parties to reach a mediated agreement.

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.

What happens if the parties reach an agreement before, or at the first appearance hearing?

If the landlord (plaintiff) and tenant (defendant) reach an agreement before or at the date of their first appearance, the parties will still need to appear in court to file their agreement with the judge. 

If the tenant (defendant) complies with the agreement, the court will dismiss the case. 

If the tenant (defendant) does not comply, the landlord (plaintiff) may file a Declaration of Non-Compliance along with a Notice of Restitution and seek a Judgment of Restitution against the tenant (defendant).

What happens at an eviction trial?

At trial, each side will be allowed to present evidence of their claims to the court. Each party will need to provide evidence to be considered by the court (e.g., cancelled checks, contracts, photographs, building inspection reports, etc.,) at trial. If a party is presenting evidence, the original must be provided to the court with copies for each party (i.e., two (2) copies, one for the landlord (plaintiff) and tenant (defendant)).

Witnesses may be subpoenaed to testify on behalf of either party. Subpoenas must be served well in advance of the trial in accordance with Oregon Rules of Civil Procedure.

Overview of An Eviction Case in Court

Click here to see a flowchart of an overview of an eviction proceeding.