ORS § 105 § 105.151

Enforcement of judgment of restitution; notice of restitution.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonSummary Process

Operative Text

ORS § 105 § 105.151
(1) If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only enforce that judgment in the following manner:

(a) Issuance by the clerk of the court and service upon the defendant of a notice of restitution that shall give the defendant four days to move out of the premises, including removal of all personal property; and

(b) After the expiration of the four-day period provided in the notice of restitution, issuance by the clerk of the court and service by the sheriff upon the defendant of a writ of execution of judgment of restitution, directing the sheriff to enforce the judgment by removing the defendant and by returning possession of the premises to the plaintiff, along with an eviction trespass notice from the sheriff.

(2) Following entry of judgment for restitution of the premises in favor of a plaintiff, or any date for possession as specified in the judgment, whichever is later, the plaintiff may request that the clerk of the court in which the judgment is entered issue a notice of restitution. The notice of restitution shall order the defendant to move out of the premises, including removing all personal property, in no less than four days. The plaintiff may direct the clerk to extend the notice period beyond four days. Following payment of any required fees, the clerk shall issue the notice.

(3) This section does not prevent a landlord in a tenancy to which ORS chapter 90 does not apply from exercising a right of entry provided by law and described in ORS 105.105 in order to recover possession of the premises, provided that the right of entry is stated in the rental agreement between the parties.
Source: Legislative text reproduced verbatim
Plain English

ORS § 105.151 establishes the exclusive process by which a court judgment for restitution of rental premises may be enforced in Oregon. Once a court rules in the plaintiff's favor, the process begins with a court-issued notice giving the defendant at least four days to vacate and remove all personal property. If the defendant does not leave within that period, a writ of execution may be issued and served by the sheriff, who is then authorized to physically remove the defendant and restore possession to the plaintiff. A narrow exception exists for certain tenancies outside ORS chapter 90, where a contractually stated right of entry may allow an alternative recovery method.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under ORS § 105.151, a landlord who has obtained a court judgment for restitution must follow a specific two-step enforcement sequence rather than taking self-help measures. The first step involves requesting that the court clerk issue a notice of restitution, which gives the occupant a minimum of four days to vacate; landlords may direct the clerk to extend this period beyond four days if circumstances warrant. Only after that notice period expires without compliance may a landlord request a writ of execution, which is then served and enforced by the sheriff — not by the landlord directly.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

ORS § 105.151 provides important procedural protections for occupants facing eviction after a court judgment for restitution has been entered against them. Before any physical removal can occur, a tenant must first receive a formal notice of restitution from the court clerk giving at least four days to move out and remove personal property; only after that period expires can a sheriff-served writ of execution authorize removal. Tenants who believe these procedures were not properly followed may raise that as a defense in court, and consulting a tenant-rights organization familiar with Oregon eviction law can help clarify what options may be available.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 105.105
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References In

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Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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