Oregon Small Claims Court Guide for Renters

If you're a renter in Oregon and facing challenges like unreturned security deposits, repair disputes, or financial matters with your landlord, small claims court can offer a straightforward way to resolve these issues. Below, you'll find a practical, step-by-step guide tailored to renters, helping you understand Oregon's small claims process and how to use it to assert your rights.

Understanding Small Claims Court for Oregon Renters

Small claims court in Oregon is designed for individuals to resolve financial disputes under $10,000 without needing a lawyer.^[1] Renters commonly use it for issues such as:

• Recovering a security deposit not returned on time
• Requesting repair costs for essential maintenance not completed
• Settling disagreements about unpaid rent or damages

These courts offer a quicker, less formal process than higher courts. Most renters handle claims themselves, making it affordable and accessible.

Who Handles Small Claims and Tenant Disputes?

In Oregon, small claims matters are handled by the Oregon Judicial Department (OJD), specifically within the Small Claims Division of each Circuit Court.

For tenant-landlord laws, the main governing statute is the Oregon Residential Landlord and Tenant Act.^[2]

When Should a Renter Use Small Claims Court?

Consider small claims court if:

• Your dispute is for $10,000 or less (not including interest or court costs)
• You've attempted to resolve the issue with your landlord directly, but were unsuccessful
• You want a resolution for money owed (e.g., deposit, damages, or rent disputes)

Official Forms You Need

• Small Claim and Notice of Small Claim (Form 132):
  Use this form to start your case. You’ll file it in the same county where your rental property is located. For example, if your landlord failed to return a security deposit within 31 days of moving out, you would file this form in the county circuit court and serve the landlord a copy.
  Access here: Small Claim and Notice of Small Claim (Form 132)
• Proof of Service:
  Once you file your claim, you must officially notify your landlord. This form shows you've properly served the landlord with court papers. For instance, after mailing or hand-delivering court documents, submit this proof to the court.
  Access here: Proof of Service (Form 134)
• Request for Judgment:
  If the landlord doesn't respond or appear at the hearing, you may request the court for a default judgment. Complete this after your hearing, if needed.
  Access here: Request for Judgment (Form 140)

You can access more Oregon small claims forms and instructions at the Oregon Small Claims Information page.

Step-by-Step: Filing a Small Claims Case in Oregon

Summary

Filing a small claim involves collecting evidence, submitting forms, and notifying your landlord. Here's how to take action:

• Try resolution first: Send the landlord a written request for what you want (for example, a demand letter for your deposit).
• File the claim: Bring your completed Small Claim and Notice of Small Claim form and applicable fee to your local circuit court.
• Serve the landlord: Use the Proof of Service form to document proper notification.
• Prepare evidence: Gather photos, receipts, emails, or lease agreements to support your case.
• Attend the hearing: Explain your situation to the judge. If the landlord doesn't respond, use the Request for Judgment form.
• Follow up: Collect your judgment if you win, often through a payment plan or garnishment procedures.

What Happens at the Hearing?

Both you and your landlord will have the chance to briefly explain your sides. Bring all documents and be specific. The judge will typically make a decision at the end, which is legally binding.

FAQ: Oregon Small Claims for Renters

1. How much does it cost to file a small claim in Oregon?
   Filing fees start at $57 (for claims up to $2,500) and $102 for amounts between $2,500 and $10,000. Fees may be higher in some counties.^[1]
2. How long do I have to file my claim?
   Most rental disputes in Oregon must be filed within 6 years of when the problem happened.^[2]
3. Can I use small claims court to force my landlord to fix something?
   No. Small claims court can only order payment of money, not force landlords to complete repairs.
4. Do I need a lawyer for small claims court?
   Lawyers are allowed but not required. Most renters represent themselves.
5. What if I win and my landlord does not pay?
   If the landlord doesn't pay the court-ordered amount, you can ask the court for help with collection through garnishment or other means.

Conclusion: Key Takeaways for Oregon Renters

• Small claims court offers an affordable, user-friendly path to resolve most money disputes under $10,000.
• Use official forms, prepare evidence, and try resolving the issue before filing.
• Oregon law protects renters—know your rights under the Oregon Residential Landlord and Tenant Act.

With preparation and the right resources, Oregon renters can confidently use small claims court to resolve many landlord issues.

Need Help? Resources for Renters

• Oregon Judicial Department Small Claims Guide: Process, forms, and FAQs
• Oregon Residential Landlord and Tenant Act (ORS Chapter 90): Details your rights and responsibilities as a renter
• Oregon Law Help: Free legal information and support for tenants
• Oregon Housing and Community Services: Renter support and housing resources
• For additional support, contact your local county circuit court or legal aid office

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1. Oregon Judicial Department – Small Claims Filing
2. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)

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