How to Delay Sheriff Lockout After Eviction Judgment in Oregon

Facing an eviction in Oregon is stressful, but renters who disagree with the court’s decision have options. If you believe the eviction judgment was wrong, you may be able to delay (stay) the actual lockout carried out by the sheriff by filing an appeal. Understanding your rights and how the process works helps you take action quickly and possibly prevent immediate displacement.

Understanding Sheriff Lockouts and Appeals in Oregon

Once a court rules for eviction in Oregon, the landlord can obtain a Writ of Execution of Judgment of Restitution, which authorizes the sheriff to remove you from the property. This is commonly known as a sheriff lockout. However, if you believe the ruling was unfair or mistaken, Oregon law lets you ask the court to delay this lockout while your appeal is considered.

Who Handles Residential Tenancy Appeals?

Eviction cases are handled by the Oregon Judicial Department, specifically your local county circuit court. The relevant law is in the Oregon Revised Statutes (ORS) Chapter 105: Forcible Entry and Wrongful Detainer.^[1]

How Can Renters Stay a Sheriff Lockout?

If you wish to stop (stay) the sheriff lockout while your case is being appealed:

• You must first file a Notice of Appeal before the lockout date.
• You must also file a motion requesting a "stay of enforcement of judgment" (a court order that prevents the sheriff from locking you out while your appeal is active).
• In many cases, the court will require you to pay "undertaking," which is an amount of rent to the court while your appeal is pending.

Remember: There are strict deadlines. Act quickly—usually within 4 days after the eviction judgment.

Required Forms and Official Resources

• Notice of Appeal (Form 16-2B):
  Use this form to notify the court and landlord that you are appealing the eviction judgment.
  Official Notice of Appeal Form
  Example: After receiving a judgment against you, you submit this form to the circuit court clerk before the sheriff's lockout date.
• Motion for Stay of Enforcement (no official statewide form—often titled "Motion to Stay Enforcement of Judgment"):
  This written motion requests the judge to pause the sheriff's eviction while your appeal is being considered. Some counties have templates, or you may write your own.
  Landlord/Tenant Self-Help at OJD
  Example: You file the motion immediately after the Notice of Appeal to ask the judge for a stay, giving reasons why the lockout would harm you and why your appeal has merit.

Action Steps: Staying a Sheriff Lockout through Appeal

• Get copies of the judgment and confirm the lockout date with your court or the sheriff’s office.
• Immediately fill out and file the Notice of Appeal with the court clerk.
• Prepare and file your Motion to Stay Enforcement of Judgment. Attach any evidence showing why you need more time or why you believe the eviction decision was wrong.
• Ask the court if you need to pay ongoing rent to the court while your appeal is pending (often required).
• Keep copies of all documents and stay in regular contact with the court. Be sure to appear at all scheduled hearings.

What Happens Next?

After filing, the judge may decide whether to grant a stay based on your motion and the facts of your case. If granted, the sheriff cannot remove you until your appeal is complete. If denied, the lockout will proceed on the original date.

This process is fast-moving. Missing deadlines or leaving out documents may cause your stay request to be rejected. Always ask your local court clerk about specific rules in your county.

FAQ: Sheriff Lockouts, Appeals & Stays in Oregon

1. Can I stop a sheriff from locking me out if I appeal my eviction?
   Yes, but only if you act quickly—generally within four days after judgment—by filing both a Notice of Appeal and a Motion to Stay Enforcement, and complying with any court conditions.
2. Will I have to pay rent while my case is on appeal?
   Usually, yes. Oregon courts typically require renters to pay ongoing monthly rent to the court (sometimes called an undertaking) during the appeals process.
3. Where do I file these forms?
   You must file in the circuit court where your eviction case was heard. Check with your county's courthouse for local filing requirements.
4. Are there specific forms for a Motion to Stay Enforcement?
   Some counties provide a template; otherwise, you may write your own. Statewide, you can find guidance on the OJD Landlord/Tenant Self-Help page.

Key Takeaways for Oregon Renters

• Appealing an eviction can delay a sheriff lockout—but you must act fast and file required forms correctly.
• Court approval is needed to "stay" the lockout; payment of rent into court is usually required.
• If in doubt, contact legal aid, the court's self-help center, or a tenant advocacy group immediately.

Need Help? Resources for Renters

• Oregon Judicial Department Landlord/Tenant Self-Help: Guides, contact info, and links to county court services.
• Oregon Law Center & Legal Aid Services: Free legal help for low-income renters facing eviction.
• Contact your local county circuit court for filing questions and deadlines.

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1. Oregon Revised Statutes (ORS) Chapter 105: Forcible Entry and Wrongful Detainer
2. Oregon Judicial Department - Landlord/Tenant Help
3. Official Notice of Appeal Form (OJD)

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