ORS § 105 § 105.161
Service and enforcement of writ of execution and eviction trespass notice.
Operative Text
(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows: (a) The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises; (b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession; (c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and (d) Following the sheriff’s removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165. (2) Following issuance of the writ, at the plaintiff’s request, the sheriff shall delay enforcement and service of the writ. (3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension. (4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered.
ORS § 105.161 establishes the step-by-step process by which a sheriff carries out a writ of execution following a judgment of restitution in an eviction case. The sheriff must serve the writ and an eviction trespass notice on the defendant—both by mail and by personal delivery or posting at the premises—and then immediately restore possession to the prevailing party by removing the defendant. A writ that is not enforced within 30 days of issuance expires unless a court grants an extension for good cause, and no judgment may be enforced if the parties have since entered a new rental agreement or if the landlord has accepted rent covering a period after the judgment was entered.
Plain English — not legal advice.
Under ORS § 105.161, once a court issues a writ of execution, a landlord (as plaintiff) is responsible for paying any required sheriff's fees to trigger enforcement and may request that the sheriff delay service if needed. After the sheriff removes the occupant and returns possession, the landlord takes on responsibility for handling any personal property left behind, following the procedures set out in ORS 105.165. Landlords who have accepted rent or entered a new rental agreement after the judgment was entered should be aware that doing so can render the judgment unenforceable under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.161 governs how and when a sheriff may physically carry out an eviction, and it contains important protections for defendants. A writ expires and becomes unenforceable if it is not served within 30 days of issuance—unless a court grants an extension—and a judgment cannot be enforced at all if the landlord has accepted rent or entered a new rental agreement after the judgment date. Tenants who believe enforcement is proceeding improperly, that the writ has expired, or that a new tenancy was created may wish to consult a tenant-rights organization or legal aid provider familiar with Oregon eviction procedure to understand 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.
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