Notice of Restitution

What Is a Notice of Restitution?

A notice of restitution is a legal document that a governing body issues to a tenant informing them that they have violated the terms of their lease agreement and need to move out.

Unless you can prove in court that you have kept the agreement and request a hearing to show that proof, you must move out by the date and time listed on the notice. Otherwise, an officer of the law can physically remove you.

What Precedes a Notice of Restitution?

A notice of restitution is one of the final steps in the eviction process.

Each state determines its own eviction process. Typical steps include the following:

1. The landlord serves the eviction notice. This document informs the tenant that the eviction process is underway and states the time period to vacate the property. The notice must be served via certified mail or posted at the property.
2. The landlord files for eviction. The landlord files paperwork with the court, and the court sets a hearing date.
3. The tenant is formally served with a complaint. The local sheriff or a private process server personally delivers eviction paperwork to the tenant.
4. The tenant responds to the complaint. The tenant can file a written response to respond to the complaint and request a hearing.
5. The court holds a hearing. All parties attend the hearing and present evidence to support their case. The court hears the evidence and rules in favor of one of them. If the court rules in the landlord’s favor, it issues a written eviction general judgment.
6. The landlord seeks a notice of restitution. If the tenant does not move out after the general judgment, the landlord can obtain a notice of restitution. As stated above, this document allows the sheriff or other local law officer to remove the tenant from the property forcibly.

Who Serves a Notice of Restitution?

The service of a notice of restitution is carried out by the local sheriff or a private process officer. State laws can vary, but the notice often allows the tenant four days to vacate the property.

A writ of restitution may follow. This document notifies the tenant that the landlord can take possession of any personal property that remains in the dwelling.

What Are the Reasons for Issuing a Notice of Restitution?

Before starting the eviction process, landlords must notify tenants that they are pursuing this legal process.

The reasons for eviction should be listed on an eviction notice form. They typically include one or more of the following transgressions:

• The tenant is delinquent on rent payments.
• The tenant has a pet that threatens to inflict or has inflicted personal injury to someone else on the premises.
• The tenant has a pet that threatens or has threatened to damage the property.
• The tenant or someone else on the property creates a severe risk of substantial personal injury to someone else on the property.
• The tenant gave substantial false information on the rental application.

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Helpful Resources:

ORS 105.151 - Enforcement of judgment of restitution

Oregon Courts - Residential Eviction