The Steps in an Eviction Case
There are many steps in an eviction case (also called a Forcible Entry and Detainer case).
The first step is for your landlord to give you a termination notice. A termination notice is something in writing that tells you to move out. If you don't move out by the date in the termination notice, your landlord can start an eviction case. Keep reading to understand the steps in an eviction case.
If your landlord locks you out or shuts off your utilities without following all these steps, this is an illegal eviction.
Your landlord gives you a notice to move out (called a "termination notice").
After getting a notice, your options are:
- Make an agreement with your landlord to stay,
- Move out, or
- Stay in your rental and fight the eviction in court.
Tip: If your landlord's notice doesn't follow the rules for termination notices in Oregon or you have another legal defense, you may be able to get your landlord to let you stay. If they don't agree to this, you can fight your eviction in court.
If you choose option 3, go to the next step.
You don't move out by the date in the termination notice.
Your landlord can:
- Do nothing and let you stay in your rental, or
- Start an eviction case to legally force you to move out.
If your landlord chooses option 2, go to the next step.
Get your trial date from the court.
If you file an answer in time, the court will schedule a trial and let you know the date. Eviction trials are scheduled quickly, usually within a few days to a few weeks after First Appearance. Here are your options after you get a trial date:
- Move out before your trial date,
- Talk to your landlord and make an agreement to stay; or
- Stay and keep fighting the case in court.
No matter which option you choose, go to the next step.
Sheriff forces you to move out.
If you lose at the eviction trial, a sheriff's deputy will come to your rental and force you to move out.
Do you want to find a lawyer?
Search for lawyers and organizations that provide free and low-cost legal help.