RESIDENTIAL EVICTION INFORMATION FOR TENANTS

If you have received a Residential Eviction Complaint and Summons, your landlord is
trying to evict you. An eviction is formally called an FED (Forcible Entry and Detainer). It is a
complaint filed with the court by a landlord to remove a tenant from a dwelling (residence) or
piece of property owned or managed by the person filing the complaint. You have to appear
in court on the date listed on the Summons.

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 landlord’s lawyer fees. You should talk to a lawyer before you
respond to 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. These forms do NOT provide
legal advice. If you lose your case, you may have to move out of your home immediately and
your credit may be damaged. You may have difficulty renting property in the future.

The landlord is the plaintiff, and the tenant is the defendant throughout the case
A judgment for the plaintiff (landlord) means that you will probably have to move out and pay
the costs of filing and serving the complaint. The plaintiff (landlord) must file a separate case to
collect back rent or damages. A judgment for the defendant (tenant) usually means that you do
not have to move out of the property. It may also include the costs of responding to the
complaint, including any lawyer fees.
Fees
You do not have to pay a fee to appear in court on the date listed on the Summons. If you do not
settle the case with the plaintiff (landlord) on that date, you can file an Answer and go to trial.
You have to pay a fee to do this. If you are low-income, you can ask the court to defer or
waive the fee. Fill out an Application and Declaration for Deferral or Waiver of Fees, and an
Order Regarding Deferral or Waiver of Fees and give it to the court clerk with your Answer.

YOUR FIRST COURT DATE

Eviction cases move very quickly; you need to decide what you want to do before the first
appearance date
Your choices are:
 Pay the full amount that you owe. If your eviction is because of nonpayment of rent
or fees, you can pay the full amount that you owe at any time before trial and ask the
judge to dismiss the case. You still have to appear in court to tell the judge that you have
paid. You may still have to pay the plaintiff’s filing fees, but you do not have to pay those
fees to have the case dismissed.
 Make an agreement with the plaintiff (landlord) before your court date. You still have
to appear in court to file your agreement with the judge. You may still have to pay the

FED Instructions for Tenants OJD OFFICIAL

Page 1 of 3 (Feb 2024)
 plaintiff’s filing and service fees and a prevailing party fee.
o Your agreement can be for a move-out date, a payment plan for back rent, repairs, or
anything else that you and your landlord need to resolve.
♦ If you’ve already moved out, you still need to appear in court to avoid a
judgment on your record.
o You can also try to reach an agreement at court. Appear at the time listed on the
Summons. The judge will call your name and then you can talk to your landlord. A
mediator may be available. 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, see “File an Answer” below.
o Make sure that you can actually do what you agree to. If you don’t, the landlord can
go back to court and ask that you be ordered to leave in 4 days. You will then have the
right to ask for a hearing. If you lose, you may have to pay the landlord’s filing and
service fees and a prevailing party fee.
♦ At the hearing, you will only be able to argue that you followed the agreement
or that the landlord prevented you from doing so. There may be other limited
reasons you can get a hearing about your agreement. Talk to a lawyer to find
out if you think this applies to you.
♦ This hearing will only be about the agreement that you made with the
landlord, not about the reasons for the eviction or your lease.
 File an Answer to dispute the eviction. You can stay in the property and appear in
court at the time and date listed on the Summons. If you cannot reach an agreement with
the plaintiff (landlord) at that time, you can file an Answer with the court clerk on the
same day and pay the required fee. You must mail a copy of your Answer to the plaintiff
(landlord) the same day you file it. The clerk will set your case for a trial where you can
dispute the eviction. At trial, you will be able to present evidence and testimony to the
judge to dispute the plaintiff (landlord)’s claims (see “Trial” below). FED laws start at
ORS 90.100. Your local law librarian can help you, or go to Chapter 90 of the Oregon
Revised Statutes - https://www.oregonlegislature.gov/bills_laws/ors/ors090.html.
o Your Answer must state a legal defense to the eviction. Saying that you can’t find a
new home or can’t afford to move is not a legal defense. Some possible defenses are:
• The landlord did not make necessary repairs (ORS 90.321, 90.360)
• The damage or violation listed on the Notice has been fixed, and the law allows
you to fix it. See a lawyer if you do not know if the claimed damage is something
you are allowed to fix. (ORS 90.392)
• The landlord is discriminating against you because of your race, gender, family
situation, religion, physical or mental disability, sexual orientation, or other
reason covered by fair housing laws (ORS 90.390)
• The landlord is trying to evict you because you complained (or the eviction is
otherwise being used to get back at you – called “retaliatory”) (ORS 90.385)
• The landlord is trying to evict you because you have been a victim of domestic
violence, sexual assault, bias crime (see ORS 166.155-166.165), or stalking (ORS
90.449)
• The eviction notice is legally incorrect. You will have to read the laws very
carefully to use this defense, and you should talk to a lawyer if you think the
notice was incorrect.
• There are more defenses available. If you think you have a defense that is not
listed on the Answer form, talk to a lawyer.
o When you file the Answer, the court clerk will set a trial date within 14 days. Find a
lawyer and prepare your defense immediately.

FED Instructions for Tenants OJD OFFICIAL

Page 2 of 3 (Feb 2024)
Read the Instructions for Landlords for more information about what the landlord has to do
 If you stay in the property but do not appear for your court date, the plaintiff (landlord)
will usually get a judgment for you to move out and pay the costs of the case. The sheriff
may remove you from the property as early as 4 days after the move-out date on the
judgment. The plaintiff (landlord) can move, store, or dispose of your personal property
according to state law (ORS 90.425, 90.675) and you will be responsible for the costs of
moving and storage. Talk to a lawyer about how to recover your personal property.
 If you appear for your court date and the plaintiff (landlord) does not, the court will
dismiss the eviction.
If You Are in the Military
If you are in active military service of the United States and your service prevents you from
responding to this action, you may be covered by the Servicemembers Civil Relief Act (SCRA).
The SCRA has very technical and complex rules about whether you are covered and what that
means. DO NOT rely on your enlistment status to protect you. Talk to a legal advisor if you
believe SCRA applies to you. The Oregon State Bar Military Assistance Panel can help you find a
lawyer. Go to www.osbar.org/_docs/ris/militaryflier.pdf or www.oregonstatebar.org.

TRIAL
At trial, the judge will hear evidence and testimony, and will make a decision (called the
“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 by showing facts supporting eviction of the tenant,
including proof of proper notice. You should be prepared with facts supporting any defenses you
have. The Oregon Evidence Code (OEC) and Oregon Rules of Civil Procedure (ORCP) govern
how to admit your evidence and what you need to prove. Links to these rules are on Page 1 of
this form. 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.
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.
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’s (tenant’s) costs and lawyer fees.
If the judge decides in favor of the plaintiff (landlord), the court may order you 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 courtroom 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 portion 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

FED Instructions for Tenants OJD OFFICIAL

Page 3 of 3 (Feb 2024)