Oregon Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Oregon, the landlord must not proceed with the eviction (see Ore. Rev. Stat. §§ 90.392 and 90.394).

Under the landlord-tenant law, landlords in Oregon have a right to evict their tenants for causing certain violations to the lease agreement. Usually, evictions in Oregon can take anywhere between 2 and 8 weeks.

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

Under the new laws, renters have important rights that can help protect from eviction because of nonpayment of rent, fees, or other money owed to a landlord. These new rights include: Termination notices for nonpayment of rent must give at least 10 days for renters to pay the late rent and stay in their homes.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Can you evict someone right now in Oregon? Yes. However, due to COVID-19, the tenant can write a declaration of their financial hardship for assistance in paying rent. Services such as the eviction moratorium have been extended.

ORS Chapter 90 deals in the laws for all residential tenancies.

What are the key changes to Oregon's eviction laws in 2023? Starting March 29, 2023, the key changes to Oregon's eviction laws include: Termination Notices for nonpayment of rent must now give at least 10 days to pay. Renters have the option to pay overdue rent even after an eviction case has started.

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Oregon Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand