State of Oregon
On March 8, 2020 Governor Brown declared a state of emergency due to COVID-19
The Oregon Judicial Department issued an order imposing “Level 3” restrictions on all court operations through March 27, 2020 with the possibility of extensions. The order addresses all FED proceedings in the following ways:
- All first appearances for evictions will be postponed without the need for a motion.
- All parties who are required to appear on the date set by summons shall be deemed to have appeared, and no answer shall be required at that time. When the date for first appearance is rescheduled by the court, all parties shall appear at such first appearances in person on the date set.
- Trials currently set will be postponed, though a Landlord may file a motion for the Tenant to pay rent into court.
A temporary moratorium on all residential evictions in Multnomah County for tenants on the bases of nonpayment of rent due to wage loss resulting from COVID – 19. This is not a ban on all evictions, only those related to rent payments owed to Landlords.
To utilize the protection of the moratorium, Tenants must:
- Demonstrate substantial loss of income, through documentation or other objectively verifiable means, resulting from the COVID-19 pandemic, including county, state, and federal restrictions imposed to mitigate its spread; and
- Notify their Landlords on or before the day that rent is due that they are unable to pay rent due to substantial loss of income as a result of the COVID-19 pandemic.
- Rent incurred during the declared emergency must be paid back within six months after the emergency is declared over. Late fees may not be charged or collected.
- The Multnomah County rule indicates that court hearing on eviction proceedings in Multnomah County will be suspended through April 30, 2020.
- For cases that have already resulted in a judgment of eviction, the Multnomah County Sheriff will not enforce writs for nonpayment of rent cases.
Other Counties and Municipalities
Courthouses outside of Multnomah County have taken various approaches to the Governor and Judicial Department’s orders. Some will not accept any filings while others will accept filing but schedule first appearances at later dates than normal. We have seen courthouses that continue to accept filings, scheduling first appearances between early-April and mid-May. The exact first appearance date will depend on the county and the demand on the FED docket.
NOTE: City of Portland will be publishing a similar and related emergency rule shortly.
Thank you to MFNW for supplying a majority of the information. We are not attorneys, this is not legal advice. If you need legal advice contact your attorney directly.