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:

1. Make an agreement with your landlord to stay,
2. Move out, or
3. 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:

1. Do nothing and let you stay in your rental, or
2. Start an eviction case to legally force you to move out.

If your landlord chooses option 2, go to the next step.

Your landlord starts an eviction case.

After your landlord starts an eviction case, they must serve you with eviction court papers. The eviction court papers will have a court date in them. Click here for more information on your options when you get eviction papers.

Go to the court date listed in the eviction papers.

Your first court date is called a First Appearance hearing. You should go to this hearing if you don't want an eviction on your record. Go here for more information on your options at a First Appearance hearing.

File an Answer.

If you want to keep fighting your eviction, you need to file a court form called an answer the same day as your First Appearance hearing. If you can't file your answer the same day as your First Appearance hearing, try to file one as soon as possible after. This page (which has information about First Appearance hearings) also has information about how to file an answer.

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:

1. Move out before your trial date,
2. Talk to your landlord and make an agreement to stay; or
3. Stay and keep fighting the case in court.

No matter which option you choose, go to the next step.

Go to your eviction trial date.

At your eviction trial, two things can happen:

1. You win and get to stay in your rental, or
2. Your landlord wins and you must move out.

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.

Get your belongings back.

If you left belongings at your rental, contact your landlord quickly to make a plan to get the rest of your things. In some cases, you may only have 15 days to get your things back. Click here to learn more about getting your belongings back.

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