The Big Picture: What This Law Does
- Defines "squatter" clearly in Oregon law for the first time under ORS 90.100
- Allows property owners to remove squatters with just 24 hours' written notice — no lengthy eviction process required
- Creates a formal squatter removal process distinct from standard tenant eviction
- Adds squatting as a recognized cause of "unlawful holding by force" under ORS 105.115
- Updates court complaint forms to include a squatter-specific filing option
Who Exactly Is a "Squatter" Under This Law?
A person occupying a dwelling unit, or occupying any other property and using it for dwelling purposes, who is not entitled to do so under a rental agreement and who is not authorized by the tenant to occupy that dwelling unit.
This is a critical distinction for property owners to understand. Oregon law now draws a firm line between a squatter and a tenant. A squatter has no rental agreement — written or oral — and has no authorization from you or an existing tenant to be on the property.
Importantly, the law explicitly states that a holdover tenant — someone who remains after a lease expires — is not classified as a squatter. Holdover tenants are handled through a separate eviction process under ORS 90.427. This distinction matters because it affects which legal process you must follow.
If the person ever paid rent, signed any agreement, or had any authorized arrangement with you — even informally — they may be considered a tenant, not a squatter. In those cases, the standard eviction process under ORS Chapter 90 applies. Consult an attorney if you are unsure of someone's status.
The 24-Hour Notice: Your New First Step
Before this law, Oregon property owners dealing with squatters faced a murky process that often defaulted to the full tenant eviction timeline — which can take weeks or months. HB 3522 creates a dedicated, faster path.
"An owner or landlord may take possession of the premises from a squatter after giving the person 24 hours' written notice of the termination of the occupancy."
The written notice you serve must include two specific pieces of information to be legally valid:
The notice must specify the exact date and time by which the squatter must leave the premises.
The notice must explicitly state that the cause of termination is the person's status as a squatter.
If the squatter does not leave and you proceed to court, you must attach a copy of this notice to your eviction complaint.
The law is also clear that serving a 24-hour notice does not create any right of occupancy or tenancy for the squatter. Giving notice is a legal procedure — it is not an acknowledgment that the person has any right to be there.
What Happens If the Squatter Refuses to Leave?
If the squatter does not vacate after the 24-hour notice period expires, you have the right to file a formal eviction (forcible entry and detainer) action in Oregon circuit court. Squatting after a valid notice has been given is now explicitly listed as a cause of "unlawful holding by force" under ORS 105.115(1)(h).
The court process for squatter removal cases mirrors the procedure used for dwelling units subject to ORS Chapter 90, which means:
| Item | What to Expect |
|---|---|
| Filing Fee | $88 to file the complaint with the circuit court clerk |
| Defendant's Trial Fee | $88 if the squatter demands a trial |
| Complaint Form | Use the updated ORS 105.126 eviction complaint form — a "24-hour notice for squatter" checkbox has been added |
| Notice Attachment | A copy of the 24-hour notice must be attached to the complaint |
| Plaintiff Appearance | You may appear in person or through an attorney |
The updated complaint form (ORS 105.126) now includes a specific checkbox for "24-hour notice for squatter" alongside the existing options for 30-day notices and other situations, making the court filing process straightforward.
Squatter vs. Tenant: Know the Difference Before You Act
Using the wrong process can backfire. If you treat a legal tenant like a squatter and issue a 24-hour notice, you may face legal liability. Here's a quick reference:
| Situation | Process to Follow |
|---|---|
| No rental agreement, no permission — never authorized | Squatter process: 24-hour notice → court filing under HB 3522 |
| Lease has expired, person is still there | Holdover tenant: standard eviction under ORS 90.427 (NOT a squatter) |
| Month-to-month tenant you want to remove | Standard 30-day notice eviction under ORS Chapter 90 |
| Tenant stopped paying rent | Non-payment eviction under ORS 90.392 or 90.394 |
| Unauthorized person allowed in by your tenant | That person may be authorized — review tenant agreement; consult attorney |
| Recreational vehicle placed on property without consent | Separate process under ORS 105.115(1)(c) — no notice to quit required before court action |
Practical Steps: What Property Owners Should Do Now
This law gives you new tools, but using them correctly requires documentation and attention to the legal requirements. Here's how to be prepared:
If you discover unauthorized occupants, photograph evidence of their presence, note when you first discovered them, and record any interactions. This documentation may matter in court.
Before issuing any notice, verify that the person has no rental agreement — written or oral — with you or any prior owner or tenant. When in doubt, consult a property attorney.
Your 24-hour notice must state the vacate date and time, and explicitly state that the cause of termination is the person's status as a squatter. Keep a copy for your records.
Deliver the notice in writing. Document how and when it was delivered. Oregon law is specific about notice requirements — improper service can delay the process.
If the squatter remains after 24 hours, file an eviction complaint at your county's circuit court. Bring the original notice and a copy to attach to the complaint. The $88 filing fee applies.
Even under this new law, you cannot physically remove a squatter yourself, shut off utilities, or change locks without following the legal process. Doing so can expose you to liability regardless of the squatter's status.
This blog post is intended for general informational purposes only and does not constitute legal advice. Laws may be subject to local interpretation and court rulings. For your specific situation, always consult a licensed Oregon attorney or contact the Oregon State Bar's Lawyer Referral Service.
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