Fillable RESIDENTIAL EVICTION INFORMATION FOR LANDLORDS (Oregon)

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RESIDENTIAL EVICTION INFORMATION FOR LANDLORDS (Oregon)

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FED Instructions for Landlords
Page
1
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(Dec 2017)
RESIDENTIAL EVICTION INFORMATION FOR
LANDLORDS
COURT CLERKS CANNOT GIVE LEGAL ADVICE!
Landlord/Tenant law is very complex and detailed. Most of the laws are in chapters 90 and 105
of the Oregon Revised Statutes (ORS). You must also follow other laws, procedures, and prior
appellate court decisions, including the Oregon Evidence Code (OEC), the Uniform Trial Court
Rules (UTCR), and the Oregon Rules of Civil Procedure (ORCP).
(www.courts.oregon.gov/rules/Pages/default.aspx). If you do not follow the laws exactly, the
court may order you to pay the tenant’s lawyer fees. You are strongly urged to talk to a lawyer
before you try to file an eviction on your own.
Contact the Oregon State Bar at 503.620.0222 or (in Oregon) 800.452.8260 or go to
www.oregonstatebar.org for information and help finding a lawyer.
Following these instructions will not guarantee that you win your case. These
instructions are general and may not apply in a given situation. YOU are responsible for getting
legal advice about how to properly evict a tenant. These forms do NOT provide legal advice and
the Oregon Judicial Department is not responsible for the outcome of your case if you rely on
these forms.
The landlord is the plaintiff, and the tenant is the defendant throughout the case
A judgment for the plaintiff (landlord) will be for return of the property and the costs of filing
and serving the complaint. To collect back rent or damages, you must file a separate civil
complaint. A judgment for the defendants (tenants) generally means that they do not have to
move out of the property. It may also include the cost of responding to the complaint and lawyer
fees.
C
ourt procedures may vary. Check with your local court
First Appearance Date
The court clerk will usually set a court date for 7 -14 days from the judicial day after you file and
pay the filing fee. A judicial day is a day that the court is open for regular business.
If you eFile:
If you eFile your Complaint (see below for more information about eFiling), you can go online
after your filing has been accepted to get the first appearance date.
T
o get your First Appearance date:
Go to https://publicaccess.courts.oregon.gov/PublicAccess/default.aspx
Select your filing county in the “All Locations” drop list
Click “Search Calendar”
Enter the case number you received in your confirmation email
Enter a date range of 1 month using MM/DD/YYYY format
Click “Search”
C
omplete the Summons with the case number and the first appearance date and time, and any
FED Instructions for Landlords
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(Dec 2017)
location information provided. Then serve it on the defendant along with the Complaint and any
other documents you submitted to the court (see next section about service).
If you print and file at the courthouse:
The clerk will give you the original Summons with the first appearance date on it, and copies of
the Complaint for service on the defendant (tenant). Write the case number on the bottom of
each page of each document.
HOW DO YOU “SERVE” THE DEFENDANT (TENANT)?
You must officially notify all defendants (tenants) that a case has been filed. This is known as
service. Service rules are different for FED cases than for other cases. You must complete service
by the end of the judicial day after the day you filed your Complaint.
1. Personal Service:
a. By Process Server: Take a copy of the Summons and Complaint to the sheriff’s office
where the property is located and have a sheriff’s officer serve the defendant (tenant).
The sheriff’s office charges a fee for service. You can also hire a private process server
of your choice.
b. By a Non-Party: Have a competent* person 18 years or older serve the papers. The
server must be a resident of Oregon or the state where the defendant is. The server
cannot be a party to the case (plaintiff or defendant), or the lawyer for a party. The
server cannot be an employee of any defendant (tenant). If you have safety concerns,
have the sheriff serve the papers.
*competent means a person who can understand, remember, and tell others about an event
A Certificate of Service must be completed and filed with the court by whoever serves
the defendant (tenant). If the server is not a sheriff’s officer, then you must also include
the address and phone number of the server. This form is available online or at the court.
2. Posting: If the defendant (tenant) cannot be personally served, the process server may
post the notice at the main entrance of the defendant (tenant)’s part of the premises. This
means that if the property is an apartment, it must be posted on the front door of the
apartment, not of the whole building.
Service must be completed by the end of the judicial day after you file the Complaint
FIRST APPEARANCE and MEDIATION
If the defendant (tenant) leaves the property before the court date, you have two options:
Go to court on the date specified and request a judgment and money award for your
costs of filing and service or
Have the case dismissed. Send a written notification with your signature to the court
clerk, directing the court to dismiss your complaint
You must appear at the time noted on the Summons. If you do not appear, the court will dismiss
your case.
If the defendant (tenant) does not move, does not appear in court, and has not reached an
agreement with you, the judge may require the defendant (tenant) to return the premises
and pay your costs. See the next section about the Servicemembers Civil Relief Act.
FED Instructions for Landlords
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(Dec 2017)
If the defendant (tenant) does appear in court to oppose the eviction, the judge may require
that you try to reach an agreement. Some courts may have a mediator available. Check with
your local court to see if it offers this service. A mediator can help you resolve your dispute,
but cannot make decisions for you or order either party to do anything. Mediation is
confidential. If you do not reach an agreement, the defendant (tenant) will have to file an
answer with the clerk, who will provide you with a copy. The case will then be set for trial on
another day.
NOTE: if you get a money judgment and the defendant (tenant) pays it, you MUST file a
Satisfaction of Money Award with the court. This form is available online or at the
court.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) may apply to your case. This federal law may not
allow you to get a default judgment if the defendant (tenant) does not respond. This law starts at
50 U.S.C. 3901. Your local law librarian can help you find it, or go to www.law.cornell.edu
*
(under Get the Law click U.S. Code, then click Title 50 and Chapter 50). You must provide a
Declaration of Non-Military Service before a judge can order a default. SCRA does not
apply to all military servicemembers at all times. If a servicemember has signed the lease, you
should see a lawyer before trying to evict.
If you know the defendant (tenant) is not in the military, you must state facts that explain how
you know. Some things that are not supporting facts are: he has long hair, he has problems with
authority, she does drugs, she’s too old, or he is not a U.S. citizen. Be aware that if you make
false statements about the defendant (tenant)’s status, you may face both federal and state
penalties.
If you have the defendant (tenant)’s Social Security Number or date of birth, go to the
Department of Defense website at https://scra.dmdc.osd.mil/scra
to find out if the defendant
(tenant) is in active service. This site can give you a free statement of service status that you can
print out (called a “certificate of service” on the website). Bring this statement or a printout of
the screen to court. You can also call 571.372.1100 for military verification. Put the date and the
name of the person you spoke with on your motion. If you don’t have the Social Security
Number or date of birth, commercial websites may be able to provide information.
If you don’t know whether the defendant (tenant) is in the military and have checked the
website, or don’t have the necessary information, check “I am unable to determine whether this
person is in military service” and add any facts that you do know. The judge will decide whether
to grant the default.
YOU ARE STRONGLY ADVISED TO TALK TO A LAWYER IF A DEFENDANT
(TENANT) IS IN THE MILITARY! Contact the Oregon State Bar at the number on Page 1
for help finding a lawyer.
TRIAL
At trial, the judge will hear evidence and testimony, and will make a decision (called the
*
This is an outside site maintained by Cornell University. The Oregon Judicial Department is not responsible for
any information on this site. Links may have moved.
FED Instructions for Landlords
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(Dec 2017)
“judgment”). Both parties may present physical evidence (like photographs, rental agreements,
and the eviction notice) and call witnesses. You may read from a prepared statement or refer to
notes, but do not expect the judge to read your notes or any witness statements.
The plaintiff (landlord) must prove the case, so be prepared to show that you own or manage the
property, and facts supporting eviction, including proof of proper notice. Anything you present
to the court may be viewed by the other party and may become part of the public record. It may
be possible to protect certain kinds of information from disclosure. Talk to a lawyer if you are
concerned.
The Oregon Evidence Code (OEC) and Oregon Rules of Civil Procedure (ORCP) govern how to
admit your evidence and what you need to prove. Talk to a lawyer about how to properly prove
your case. You may believe that the facts are on your side, but if you don’t follow proper court
procedures, you may lose anyway. Links to these rules are on Page 1 of this form.
If the judge decides in favor of the defendant (tenant), the court may dismiss the case and
require the plaintiff (landlord) to pay the defendant (tenant)’s costs and lawyer fees.
If the judge decides in favor of the plaintiff (landlord), the court may order the defendant
(tenant) to leave the property (move out). The defendant (tenant) may also have to pay the
plaintiff (landlord)’s costs and lawyer fees.
Go to www.osbar.org/public/legalinfo/tenant.html
for information about what may happen
after your judgment
COURTROOM RULES:
These are general court rules. Judges may have additional rules.
* Appropriate dress is required (see UTCR 3.010 and local court rules)
*Caps and hats must be removed upon entering the courtroom
*Food and drink are not allowed in the courtroom (including gum)
*Weapons are not allowed in any part of the courthouse
*Pagers, cell phones, and all other electronic devices that may disrupt court proceedings
must be turned off (not just silenced, signals interfere with recordings)
* Audio and video recording is not permitted without advance permission from the judge
OJD eFiling Next Steps
If you chose to electronically submit your documents to the court, there are a
few things you need to know
.
1) eFiling happens through the Oregon Judicial Department File and Serve (File and Serve)
system. Your Guide and File account gives you access to File and Serve, you don’t have to
register separately.
2) eFiled documents can take up to 3 business days to process.
3) You can view the status of your filing by logging into the File and Serve website at
https://oregon.tylerhost.net/ofsweb
The statuses you might see are:
a. Submitting - The filing is in the process of being submitted to the court.
b. Submitted - You filing has been submitted to the court and is waiting for
court staff to review your filing for acceptance.
c. Under Review - The court has begun reviewing your filing.
d. Accepted - The court has accepted your filing.
e. Rejected - The court has rejected the filing because it fails to comply with
court rules or procedures. Review the rejection email for details. Speak to a
lawyer if you don’t understand why your filing was rejected or don’t know
how to fix it. NOTE: be aware of any filing deadlines that may apply to your
case. Court staff cannot give you legal advice. If you have a deadline coming
up, talk to a lawyer about how to handle your filing.
f. Processing - The filing is being added to the court’s case management system.
g. Receipted - The filing is not a “filed” document, just information that is not
sent to the court or part of the case record.
4) You will receive an email from File and Serve when your filing is submitted, and when it
is accepted or rejected.
a. If your filing is rejected your will need to resubmit your filing. OJD recommends
you deliver a hard (paper) copy of your filing to the court if your eFiling is
rejected.
b. Emails come from no-reply@tylerhost.net
. Make sure these emails do not go to
your spam folder. Ask your internet or email provider about how to do this.
5) You can return to File and Serve directly to eFile your proofs of service and other
documents later in your case. To learn more about how to use File and Serve go to
https://oregon.tylerhost.net/ofsweb and watch the videos under the TRAIN section.
There are specific court rules that apply to electronic filings. Those rules can be found at:
http://www.courts.oregon.gov/utcr, under Uniform Trial Court Rules, Chapter 21.
6) You can also sign up to receive eService notifications through File and Serve. Follow the
instructions on the next page. EService is NOT for court notifications, it allows other
parties to serve you by email when they file something in this case. More information is
below.
Completing the Summons
Once your filing is accepted by the court you will receive your case number and the court will
schedule a hearing. After you receive your case number from the court, follow these steps to
complete the Summons for service on the defendant:
1) On the Residential Eviction Complaint and Summons documents that you intend to serve
the tenant, write in the case number.
2) You need to serve the Residential Eviction Complaint and Summons documents within
certain timelines (See the information above for timelines). You will need to access the
court’s calendar or contact the court to find out your hearing date.
a. To access the court’s calendar:
i. Go to: https://publicaccess.courts.oregon.gov/PublicAccess/default.aspx
ii. Under Select a Location, select the court where you filed your case.
iii. Click Search Calendar
iv. In the Case Number field type your case number
v. In the On or Before field, add 1 month to search for upcoming hearings
(the “On or After” field should show the current date)
vi. Click Search
vii. The system will display the date, time and courtroom for the hearing
viii. Write this information on the Summons in the appropriate area.
3) You can also find out your hearing date by contacting the court. Be sure to have your Case
Number ready.
Residential Eviction (FED)
IMPORTANT: Your court may have specific procedures for Residential Evictions (FED)
cases. For information on court-specific procedures go to: www.courts.oregon.gov
1) In Find a Court, click Select Your Court .
2) Click on the court’s website link
The court’s website may have additional information regarding local Residential Eviction
(FED) procedures. Check the blue list on the left-side of the page.
HOW TO SIGN-UP FOR ELECTRONIC SERVICE
After you submit your filing electronically, you can choose to receive service from other parties
on the case by email. File and Serve will send you emails when another party submits a
response, motion, or other filing with the court and chooses to eServe you.
Follow these steps if you want other parties to be able to serve you electronically
1
:
1) Go to the File & Serve website at https://oregon.tylerhost.net/ofsweb
2) Sign into File and Serve using the same user name and password you used when
submitting your filing in Guide and File.
3) File and Serve will display a list of your filings.
4) Select the Service Contacts button next to your filing to add your service contact
information to the case. The Manage Case Service Contacts box will appear.
5) Select your name and click Add New.
6) Add your first and last name, and your email address. This is the email where you will
receive service information from other parties. The court cannot send you notice of
hearings or other information electronically.
7) To save your contact information to use in future cases select
8) Click Save.
9) You are now signed up to receive service of documents by email for that case.
1
Note: eService will only apply to individual cases where you have selected eService by following these
directions. If you have other cases – even with the same parties – you will continue to receive non-
electronic service.
FED – Summons
Page 1 of 2
(Aug 2019)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: _________________
Plaintiff (Landlord or Agent)
v.
RESIDENTIAL EVICTION
SUMMONS
Defendant (Tenant or Occupant)
TO:
Street Address of Property Occupied by Defendant City State ZIP
Mailing Address (if different)
NOTICE TO TENANTS:
READ THESE PAPERS CAREFULLY!
YOUR LANDLORD WANTS TO EVICT YOU
ON ______________________ AT __________ A.M./P.M., you must come to
court at the location below. You do not have to pay any fees to the court for this first
hearing.
• If you do not appear in court and your landlord does, your landlord will win automatically
and can have the sheriff physically remove you from the property.
• If you do appear in court and your landlord does not, the court will dismiss this case.
• If both of you appear in court:
The judge may ask you to try to reach an agreement with your landlord, but this is
voluntary. Trained mediators may be available for free to help you resolve disputes.
If you and your landlord do not reach an agreement, the court will schedule a trial.
• If you are a veteran, help may be available from a county veterans’ service officer or
community action agency. Contact information is included below.
IF YOU WANT A TRIAL, YOU MUST:
Be in court at the time scheduled above. Allow time to get through security;
On the same day, file an Answer with the court giving a legal reason why you should
not be evicted. The court can give you a form;
Give a copy of the Answer to your landlord (or your landlord’s agent or lawyer); and
Pay a filing fee. The judge may defer payment if you are low-income. Go to
www.courts.oregon.gov
to see what the filing fee will be.
FED – Summons
Page 2 of 2
(Aug 2019)
GO TO THIS LOCATION:
IF YOU HAVE QUESTIONS, YOU SHOULD SEE A LAWYER IMMEDIATELY. If you
need help finding a lawyer, call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763
or toll-free in Oregon at 800.452.7636 or go to www.oregonstatebar.org
. Veterans (and others)
can call 2-1-1 for information and resources including veteran’s services and community action
agencies.
Signature of Plaintiff (landlord or agent) Dated
Name of Plaintiff (printed)
Address of Plaintiff
Phone Number
(To be completed by Plaintiff)
Contact information for:
County veteran’s service officer for the county where Defendant lives
Phone:
Community action agency for the area where Defendant lives
Phone:
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ____________________
CERTIFICATE OF SERVICE
Plaintiff
(ORCP 7D(2))
v.
□ (a) Personal Service
□ (b) Substitute Service
□ (c) Office Service
□ (d) Service by Mail
Defendant
I, (name) , declare that I am a resident of the state of
. I am a competent person 18 years of age or older and not a party
to or lawyer in this case. I certify that the person served is the person named below.
I served true copies of the original Petition, Claim, or Complaint and Summons (with attached
notices of mediation and other information provided by the court clerk) and: (name any
additional forms served)
by (check a, b, c, or d and complete all information):
(a) □ Personal Service on (date) , at a.m./p.m., to
{□ Plaintiff □ Defendant } (name) in person at the following
address in the County of
, State of .
(b) □ Substitute Service on (date) , at a.m./p.m., by
delivering them to the following address
in the County of , State of . Delivered to (name)
, who is a person age 14 or older and who lives there.
(Complete the section below only if the server also did the follow-up mailing required by ORCP
7D(2)(b). If a person other than the server did the follow-up mailing, that person must
complete a separate Certificate of Service Mailing.)
□ On (date) , I personally deposited a true copy of the same
documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage
paid, addressed to the party to be served: □ Plaintiff □ Defendant
(name), at the party’s home address listed above, together with a statement of
the date, time and place that the documents were hand-delivered to the party’s dwelling
(residence).
(c) □ Office Service on (date) , at a.m./p.m., by
delivering them to the office of the party to be served, located at:
(address), during normal working hours for that office,
where I left the documents with (name), who is a
Certificate of Service
Page 1 of 2
Certificate of Service
Page 2 of 2
person apparently in charge, to give the documents to the party to be served.
(Complete the section below only if the server also did the follow-up mailing required by ORCP
7D(2)(c). If a person other than the server did the follow-up mailing, that person must
complete a separate Certificate of Service Mailing.)
□ On (date) , I personally deposited a true copy of the same
documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage
paid, addressed to the party to be served: □ Plaintiff □ Defendant (name)
, at the party’s: □ home address at:
, OR business address above, together with a statement
of the date, time and place that the documents were hand-delivered to the party’s office.
(d) □ Service by Mail, Return Receipt Requested on (date) , I
personally deposited two true copies with the U.S. Postal Service. One by first class mail, and
the other by certified or registered mail, Return Receipt Requested, or by express mail, postage
paid, addressed to the party to be served: □ Plaintiff □ Defendant
(name), at the party’s home address located at:
(address). (NOTE: If mailed Return Receipt
Requested, the return receipt must be attached to this Certificate of Service.)
I hereby declare that the above statements are true to the best of my knowledge
and belief. I understand they are made for use as evidence in court and I am
subject to penalty for perjury.
Date Signature of Server
Print Name
If person serving is NOT a sheriff or sheriff’s deputy, address and phone number of server:
Declaration of Non-Military Service/Non-Incapacitated Defendant
Page 1 of 1
(Aug 2019)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: _________________
Plaintiff
v.
DECLARATION OF
NON-INCAPACITATED
DEFENDANT and
NON-MILITARY SERVICE
Defendant
To my knowledge, the following defendant (full name)
was served with a Summons, initial pleading (Complaint, Petition, etc.) and other documents required by
law. Defendant has not made an appearance within the time required by law or notified me of intent to
appear and (check all that apply):
Capacity Status:
Defendants is not now, and was not at the time of service, incapacitated, a minor, a financially
incapable person, a protected person, or a Respondent in a fiduciary protective proceeding, as defined by
ORS 125.005
Military Status:
Status reports attached confirming that Defendant is not in active military service of the United States
or
I am unable to confirm if Defendant is in active military service of the United States. Provide facts you
do know:
For residential evictions only: Defendant is not a dependent of someone who is in active military
service of the United States and the monthly rent amount does not exceed the CPI-adjusted limit of (enter
current year rental cap) $
1
Defendant is in active military service of the United States and has waived SCRA default protections. A
waiver of protection is attached.
I hereby declare that the above statements are true to the best of my knowledge and belief,
and that I understand they are made for use as evidence in court and I am subject to
penalty for perjury.
Date Signature
Name (printed)
Contact Address City, State, ZIP Contact Phone
1
Consumer Price Index (CPI) - This amount is updated annually and published in the Federal Register. Go to
https://www.federalregister.gov/
and search for “servicemember's civil relief act rent.” Be sure you select the link
for the year in which you file your Complaint.
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RESIDENTIAL EVICTION INFORMATION FOR LANDLORDS (Oregon)

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