Just like in any other state, the eviction process in Oregon can be long and arduous. It can be exhausting and stressful both for the tenant and the landlord. If you are a tenant and you find yourself in the middle of an eviction process, it pays to know your rights. Here are some of the rights that you have that you can use to protect yourself.
A landlord cannot evict you without a written eviction notice. It must be ensured that the eviction notice gets to your hands for it to be considered valid. In Oregon, it is mandated that the eviction notice is mailed first class or through door-to-door delivery to ensure that it is received by the tenant. Eviction notices come in different types: pay rent or quit, cure or quit, unconditional quit, and the 30- or 60-day notice without cause. Pay or quit notice is for tenants who fail to pay the rent. Cure or quit notice is given to those who violate terms or conditions of the lease. Unconditional quit notice is ordered if you have not paid the rent for a long time, if you engaged in dangerous of illegal activities in the rented property, or if you seriously damaged the property. The notice of termination without cause is allowed as long as you are a given a longer period of 30 to 60 days.
Another right of the tenant is to be evicted without force. This means that the landlord cannot change the locks of the house, remove your furniture, or use physical force to move you out. A landlord who wishes to evict can only do so by filing an eviction motion in front of the Oregon court. An Oregon landlord can only legally re-acquire the rented property through three ways: tenant moves out and returns the keys to the landlord, tenant abandons the property without any intention of coming back, and tenant is moved out by a sheriff after the court approves the landlord’s motion for eviction.
Even during the eviction process, the tenant still has the right to a habitable home that is safe, sanitary, and complete with basic utilities such as water, electricity, plumbing, heat, and weatherproofing. A landlord cannot shut down the electricity or water just to move you out. In fact, he is still obliged to make repairs on these services if you were not the one who caused the damage.
Tenants have the right to legal assistance from a competent lawyer of their choice. A reliable Oregon lawyer will help through the entire process of eviction to protect the rights of the tenant and perhaps, even convince the court to dismiss the petition for eviction.