How to Serve an Eviction Notice & FED Summons in Oregon (ORS 90.155 & 105.135)

Phase 1: Serving Pre-Suit Termination Notices Under ORS 90.155

In Oregon, more eviction lawsuits are dismissed at the first appearance for defective pre-suit notice service than for any other reason. Under the Oregon Residential Landlord and Tenant Act (ORLTA), ORS 90.155 governs exactly how written termination notices—such as 10-day/13-day nonpayment of rent notices (ORS 90.394), 30-day for-cause curable notices (ORS 90.392), 24-hour outrageous conduct notices (ORS 90.396), or 90-day qualifying landlord reason notices (ORS 90.427)—must be delivered to the tenant.

ORS 90.155(1) recognizes only three valid methods of service for a written termination notice: (1) Personal delivery directly to the tenant; (2) First-class mail addressed to the tenant at the premises; or (3) Attachment to the main entrance of the dwelling unit PLUS first-class mail ("post and mail"), which is legally valid ONLY if the written rental agreement contains a specific, reciprocal provision allowing both the landlord and the tenant to give notices by post-and-mail.

Crucially, if a landlord or server posts a notice on a tenant’s door when the lease does NOT contain a reciprocal post-and-mail clause under ORS 90.155(1)(c), the service is completely invalid—even if a copy was also mailed. Furthermore, whenever a notice is served by first-class mail alone under ORS 90.155(1)(b), ORS 90.155(2) mandates extending the minimum notice period by three (3) full days, and the termination date must be stated accurately on the face of the notice.

• Method 1 — Personal Delivery (ORS 90.155(1)(a)): Notice period begins the day of personal hand-delivery (or before 11:59 PM). No 3-day mailing extension is required.
• Method 2 — First-Class Mail Only (ORS 90.155(1)(b)): Sent via regular USPS First-Class Mail (NOT certified mail only, which is invalid under ORLTA). You MUST add 3 extra days to the statutory cure period.
• Method 3 — Reciprocal Post & Mail (ORS 90.155(1)(c)): Securely attached to the main entrance of the tenant’s dwelling unit AND mailed via first-class mail on the same day. Allowed ONLY if the signed lease explicitly authorizes reciprocal post-and-mail.
• Never Use Certified Mail Alone: Oregon appellate courts repeatedly hold that certified mail requiring a signature does not satisfy ORS 90.155 "first-class mail" requirements.

Nonpayment of Rent Notices Under ORS 90.394 (10-Day & 13-Day Rules)

Following recent Oregon legislative reforms, traditional 72-hour and 144-hour nonpayment of rent notices were replaced by the 10-day and 13-day nonpayment notice framework under ORS 90.394. For week-to-week tenancies, a 72-hour notice remains after the 4th day of the rental period. However, for all standard month-to-month and fixed-term residential tenancies in Oregon, a landlord may serve a nonpayment termination notice in two ways:

First, on or after the fifth (5th) day of the monthly rental period, the landlord may deliver a written notice stating that the tenancy will terminate unless the rent is paid within at least 13 days (312 hours). Second, on or after the eighth (8th) day of the monthly rental period, the landlord may deliver a written notice giving at least 10 days (240 hours) to pay. In addition, every residential nonpayment notice in Oregon must include the mandatory statutory notice regarding tenant legal assistance and rent assistance protections required by ORS 90.394 and ORS 105.136.

Phase 2: Serving the Circuit Court FED Summons & Complaint (ORS 105.135)

Once a termination notice expires without cure and the landlord files a Forcible Entry and Detainer (FED) eviction complaint in the local Oregon Circuit Court, the service rules shift from ORS 90.155 to ORS 105.135. Under ORS 105.135(2), the court clerk schedules the First Appearance hearing for 7 to 15 days after filing. Because the timeline is compressed, ORS 105.135(3) requires the process server to serve the FED Summons and Complaint by the end of the judicial day next following the day the complaint was filed!

Under ORS 105.135(3), the process server must serve the defendant in one of two ways: (a) By personal service upon the defendant; OR (b) If the defendant is not available for service, by attaching the summons and complaint in a secure manner to the main entrance of the portion of the premises of which the defendant has possession. When service is made by main-entrance attachment by a private process server, the court clerk (upon filing of the extra service copy and certificate) mails a true copy by first-class mail to the defendant at the premises pursuant to ORS 105.135(1) and (3).

Why Landlords & Eviction Attorneys Use Rush Private Dispatch

Because ORS 105.135(3) mandates that the FED Summons and Complaint be served by the end of the very next judicial day after filing—and at least 7 days prior to the First Appearance hearing date—waiting on a county sheriff can derail an eviction calendar. Our Oregon process servers specialize in next-judicial-day FED service across Multnomah, Washington, Clackamas, Marion, Lane, Deschutes, and Jackson counties. We verify main-entrance unit doors (avoiding common-area exterior lobby doors whenever interior access is required), photograph the secure posting with GPS metadata, and immediately return the signed ORCP 7 F / ORS 105.135 Certificate of Service for Odyssey e-filing.