Portland, OR asked in Landlord - Tenant for Oregon

Q: im being evicted for non payment. i went to court and they've given me five days to move out. is that legal?

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1 Lawyer Answer

A: You may or may not have had technical defenses, such as the written notices you were served by the landlord might not have contained all the required wording or have been served improperly but it is too late for that now. If you did not make an agreement with the landlord at your first court appearance, then yes, a court can evict you. How soon is generally within the Judge's discretion but you should get a minimum of 4 days by being served the Notice of Restitution. If you are not out by its deadline, then the landlord has to go back to the court and seek an Order from the Judge to the Sheriff to come throw you out and then make an appointment with the Sheriff for a mutually convenient time to remove you. So all told that may buy you an extra 3 days to week, depending upon the Sheriff's calendar and how diligently your landlord pursues your removal.

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