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A Forcible Entry Detainer (FED) lawsuit is for the possession of the property only. Prior to seeking assistance from the court, the landlord must serve proper written notice. The complaint filing fee is $83. The Landlord must ensure that the Tenant is served with a copy of the Complaint and Notice.  This is usually done by the Sheriff. The Sheriff requires that a Sheriff's Instructions for Service form  be completed and submitted to the sheriff. The first appearance in court will be scheduled approximately 8-15 days after the landlord files the complaint and pays the fees. At the first appearance the court will request the parties attempt to settle their case, and, if necessary, set a trial.  If the tenant fails to appear at the first appearance, a default judgment will be entered in favor of the landlord for possession of the premises and costs. If the tenant appears and the landlord does not, the case will be dismissed. If both parties fail to appear, the case will be dismissed. If a trial is ordered, the tenant must file an answer immediately after the first appearance.  The tenant must pay an answer filing fee immediately after the first appearance.  Answer forms are available from the Court.  The Answer fee is $83.

A trial will be scheduled for a date within 15 days of the first appearance unless the landlord agrees to set it for a later date. At the hearing the landlord must show the court why the landlord should be given possession of the property. The tenant may also offer evidence to show why the landlord should not be given possession. If a judgment for possession is ordered by the court, the landlord can enforce the judgment by having the court issue a Notice of Restitution and paying appropriate fees to the sheriff’s office. The notice is served on the tenant and gives the tenant four days, not counting the day it was served, to move from the premises.  If the tenant does not move, the landlord must return to the court to request a Writ of Execution and pay a fee of $6 to the court and a fee of $106 to the sheriff's office for service. The Writ of Execution is a court order for the Sheriff to oust the tenant and return possession of the property back to the landlord. 

The Court encourages the parties to attempt to settle their cases without proceeding to trial. The Court is bound by the laws of the State, and is limited by those laws. The parties have much more discretion to settle a case in a way that is satisfactory to both parties.

Landlord and Tenant Law (Oregon State Bar link)

Forms

FED Complaint

FED Answer

Filing Fees

Motion to Dismiss FED Complaint

Appeal form

This page last updated on January 14, 2019

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