Overview
A Forcible Entry and Detainer (FED) action takes place to evict a resident who refuses to return possession of the premises upon expiration of a valid termination notice, such as a 72 Hour Notice, 30 Day No Cause, 10 Day Pet Notice, or other notice. This is usually accomplished by a designated process server filing a complaint form with the court. Upon filing, the court clerk gives a summons to the process server who in turn serves it upon the resident.
If the resident is personally served with the summons, the court hearing will be held three to seven days later, otherwise the hearing will be seven to ten days after the action of service. The initial hearing, in which the Process Server or Attorney typically appears on behalf of the property is to determine whether the resident will contest the action. If the resident fails to show up, a default order in favor of the landlord is issued. If the resident appears, the Site Manager and resident may agree to a move-out date for the resident; otherwise, a specific early-trial date will be set.
If the landlord prevails and the resident does not comply at that time with the court’s order to move, the Site Manager must direct a Sheriff to remove the resident and their possessions. The purpose of this chapter is to provide detailed information to Site Managers for the process of filing a Forcible Entry Detainer (F.E.D.).
Procedures to Follow
California, Idaho, and Washington
The following steps to follow for Cambridge properties located in California, Idaho and Washington:
- As a request to file an eviction, the Site Manager shall fax the expired notice (i.e., 72 Hour Notice) and a copy of the current rental agreement to the property designated Attorney. When filing an eviction for non-payment of rent, the 72 Hour Notice must be faxed no later than the 15th calendar day of the month.
- The property’s Attorney will file court papers and then provide the resident with legal papers requiring the resident to appear before a District Court Judge for the purpose of defending the landlord’s suit to conclude tenancy.
- No payment of rent shall be accepted by Site Management staff after a notice has been forwarded to the Attorney.
- The Site Manager immediately faxes to the Site Employee Resource Center a copy of the expired notice in order to notify that an eviction has been initiated.
- If the resident does not provide an “answer” to the eviction notice, the Site Management waits for a “lock-out” by the Sheriff Department.
- If the resident does provide an “answer” to the eviction notice, the Site Manager may be asked to provide a summary for the Attorney and the Judge of the events leading up to the eviction from notes in the resident’s file and/or Manager Log.
- The Site Manager may be required to meet with the resident outside of the courtroom prior to seeing the Judge, to possibly come to an agreement on the balance owed and the move out.
- If the Site Manager and resident do not meet, the Judge will make a decision on the eviction.
- Upon completion of the eviction process, the property’s Attorney will provide an invoice for professional services to the Site Manager. The invoice will include fees for serving the resident with legal papers, preparing court forms, and appearing in court for the first appearance on behalf of the property and Cambridge Real Estate Services. Multiple invoices from the Attorney may be received depending on the timeline of all the processes.
- Upon receipt of the invoice(s) from the Attorney, the Site Manager will enter the invoice into the AMSI BCL System. Refer to the instructions in the AMSI PowerSite Manual on how to process an invoice. The amount of the invoice should also be charged directly to the resident by processing a charge in AMSI.
Portland Metro- Area
The following steps to follow for Cambridge properties located in the Portland metro-area:
- As a request to file an eviction, the Site Manager will fax the expired notice (i.e., 72 Hour Notice) to the designated Process Server. When filing an eviction for nonpayment of rent, the 72 Hour Notice must be faxed no later than the 15th calendar day of the month.
- No payment of rent shall be accepted by Site Management staff after a notice has been forwarded to the Process Server. Exceptions can be made only by a Property Supervisor. All exceptions must be documented in writing by the Property Supervisor.
- The Site Manager immediately faxes to Site Employee Resource Center a copy of the expired notice in order to notify that an eviction has been initiated.
- Site Employee Resource Center Personnel will write a check, payable to the State of Oregon for filing fees. The check will be mailed to the Process Server within one business day; same day service is expected if the Site Manager notification is received by 11 a.m.
- Site Employee Resource Center Personnel will confirm notification of the eviction via return email to the Site Manager. The Site Employee Resource Center confirmation will include a copy of the document “FED Process” overview for the Site Manager’s benefit.
- The Process Server will file court papers and then provide the resident with legal papers requiring the resident to appear before a District Court Judge for the purpose of defending the landlord’s suit to conclude tenancy.
- If the resident provides an “answer” to the eviction notice, the Site Manager may be asked to provide a summary for the Process Server and the Judge of the events leading up to the eviction from notes in the resident’s file and/or Manager Log.
- Upon serving the resident, the Process Server will provide an invoice for professional services to the Site Manager. The invoice will include fees for serving the resident with legal papers, preparing court forms, and appearing in court for the first appearance on behalf of the property and Cambridge Real Estate Services
- Upon receipt of any invoices from either the Process Server or Site Employee Resource Center, the Site Manager will enter the invoice into the AMSI BCL system. Refer to the instructions in the AMSI PowerSite Manual on how to process an invoice. The amount of the invoice should also be charged directly to the resident in AMSI.
- Twenty-four hours prior to the first appearance court date, the Site Manager will return, via fax or email, to the Process Server, a completed Eviction Court: First Appearance Survey form (which can be obtained from Corporate Office). This information will be pertinent to the Process Server’s efforts when attending the first appearance hearing.
- The Process Server may be required to meet with the resident outside of the courtroom prior to seeing the Judge, to possibly come to an agreement on the balance owed and the move out.
- After the first court appearance, the Process Server will (within 24 hours) notify the Site Manager of the court’s decision. If a formal court trial is unavoidable, the Process Server will advise the Site Manager of the next steps required including additional costs needed by the Court prior to the trial date, and the actual date the trial is scheduled.
It is important to fax a copy of the expired notice to both the Process Server or designated Attorney and the Site Employee Resource Center.
Cost Breakdown – Oregon Counties
Costs associated with the FED to charge to resident on their Statement of Deposit Accounting (SODA):
Clackamas County
- Trip Charge: $ 35.00 (paid to process server for service provided)
- FED Court Filing Fee: $ 56.00
- Notice of Restitution: $ 4.00
- Writ of Execution $ 5.00
- Trial Charge: $ 60.00 (paid in advance of trial date)
- Sheriff Lockout: $ 75.00
Multnomah County
- Trip Charge: $ 35.00 (paid to process server for service provided)
- FED Court Filing Fee: $ 56.00
- Forms Charge: $ 2.00
- Notice of Restitution: $ 5.00
- Writ of Execution: $ 5.00
- Trial Charge: $ 90.00 (paid in advance of trial date)
- Sheriff Lockout: $ 75.00
Washington County
- Trip Charge: $ 35.00 (paid to process server for service provided)
- FED Court Filing Fee: $ 56.00
- Forms Charge: $ 2.00
- Notice of Restitution: $ 4.00
- Writ of Execution: $ 5.00
- Trial Charge: $ 95.00 (paid in advance of trial date)
- Sheriff Lockout: $ 75.00