Full question:
I have been living in a church for 3 yrs for a place to stay plus $150 a week.The church board has given to me in writing a 3 day notice to leave. Don't they have to go thru the courts and be served an eviction notice?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Oregon
Answer:
The process for eviction in Oregon may depend on whether the Oregon Landlord Tenant Act applies to your situation. This Act provides certain protections for tenants unless the renter is considered to have a "transient occupancy," which generally applies to hotel or motel stays. A transient occupancy is defined by specific criteria, such as paying rent daily or biweekly, receiving maid service, or not residing there for more than thirty days. If you do not meet these criteria, the Act likely applies to you.
According to Oregon law, a "dwelling unit" is a space used as a home or residence. To evict you legally, the landlord must go through the court system. They cannot change locks, shut off utilities, or remove your belongings without a court order.
There are three legal methods for a landlord to regain possession of a rental unit:
- The tenant voluntarily moves out and returns the keys.
- The tenant abandons the unit without notice.
- The landlord obtains a court order after a hearing, allowing the sheriff to enforce the eviction.
If you are renting on a month-to-month basis, the landlord must provide a thirty-day notice (or thirty-three days if mailed) to terminate the lease without cause. For week-to-week rentals, a no-cause eviction notice can be issued with ten days' notice (or thirteen days if mailed).
Eviction notices must be in writing and can be delivered in several ways: hand-delivery, mailing, or posting on the door with a mailed copy. The notice period starts immediately if handed to you, or three days later if mailed.
If the landlord proceeds with eviction, they will file a lawsuit called a forcible entry and detainer (FED). The court papers will inform you of the date and time to appear in court, typically within seven days. At court, you can ask the judge to dismiss the case, request time to move, or present any defenses you may have.
If you do not appear in court, the landlord may win automatically, resulting in a court order for your eviction.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.