What Is the FED 70 Form? Grounds, Notice, and Filing Steps

The FED 70 form in Oregon is the Residential Eviction Complaint — the document a landlord files in circuit court to start a Forcible Entry and Detainer (FED) action against a residential tenant or other occupant. Filing it opens an expedited case focused on a single question: who has the right to physically occupy the property right now. The form is available from the Oregon Judicial Department and from local courthouses.¹

What the FED 70 Does

An FED action is a civil lawsuit designed to decide possession, not ownership. The court will not sort out title disputes, contract damages, or other side claims in this proceeding. That narrow focus is why the timeline moves faster than ordinary civil litigation.

The form is used most often by residential landlords whose tenancies are governed by the Oregon Residential Landlord and Tenant Act under ORS Chapter 90.² It can also be used against holdover occupants without a legal agreement and, in some situations, against tenants remaining after a foreclosure sale.

A boundary worth knowing before you spend time on the form: commercial tenancies fall outside ORS Chapter 90 and follow different notice rules. The FED process still applies, but the pre-filing requirements this article describes do not.

Grounds That Support Filing

Oregon law requires a specific legal reason before you can file. The common grounds:

Nonpayment of rent under ORS 90.394, after the tenant fails to pay within the notice period.³
Material lease violations under ORS 90.392, such as significant property damage or prohibited activity.²
Holdover after a month-to-month tenancy is properly terminated under ORS 90.427.²

In every case you must serve the correct written notice first and wait for the notice period to run out. Filing before the deadline passes is grounds for dismissal.

Notice Periods You Must Satisfy First

Getting the notice period wrong is one of the most common reasons FED cases get thrown out. The rules change depending on the type of tenancy and the reason for termination.

Nonpayment of Rent

ORS 90.394 sets two tracks:

Week-to-week tenancies: at least 72 hours’ written notice, which cannot be given any earlier than the fifth day of the rental period.³
All other tenancies, including month-to-month: either at least 10 days’ written notice (not given before the eighth day of the rental period) or at least 13 days’ written notice (not given before the fifth day).³

The notice must state the exact amount owed and the deadline to pay. If the tenant pays in full within the notice period, the termination is canceled.

No-Cause Termination of a Month-to-Month Tenancy

During the first year of occupancy, a landlord may end a month-to-month tenancy with at least 30 days’ written notice.² After the first year, Oregon law generally requires a qualifying reason (such as demolition, owner move-in, or certain lease violations) and at least 90 days’ notice under ORS 90.427.

Completing the FED 70

The form itself requires:

First, middle, and last name of every plaintiff (landlord) and defendant (tenant).⁴
The exact street address of the rental unit. If there is no street address, the official instructions advise consulting a lawyer.⁴
The specific dollar amount of rent owed, if the case is for nonpayment.
A copy of the termination notice you served, attached to the complaint. The notice period must already have expired before you file.⁴

For nonpayment cases, the landlord must also give the tenant a separate Notice re: Eviction for Nonpayment of Rent along with the termination notice.⁴ Check every date on the paperwork against the statutory minimums. If the numbers do not line up, the court can dismiss.

What Happens After You File

Once the complaint is filed and the filing fee under ORS 105.130 is paid, the court clerk takes two steps by the end of the next business day: mailing a copy of the summons and complaint to the tenant at the rental property by first class mail, and arranging in-person delivery by a process server. If the tenant cannot be found, the server attaches the documents securely to the main entrance of the unit.⁵

The server must be at least 18, an Oregon resident, unrelated to the landlord, and not a property manager for the landlord. Server fees cannot exceed the amount set by ORS 21.300.⁵ Improper service is a frequent tenant defense, so follow these rules exactly.

First Appearance

The clerk sets the first appearance based on the type of case:

Most FED cases: seven days after the business day following payment of filing fees.⁵
Nonpayment cases: 15 days after the business day following payment of filing fees.⁵

The clerk may push the date out by up to seven more days for scheduling.⁵ If both sides appear, the judge may encourage a negotiated agreement. A settlement can let the tenant avoid an eviction judgment on their record by paying overdue rent or agreeing to move out by a specific date, with the terms entered into the court record.⁶

Trial

If no agreement is reached, the judge sets a trial date. Both sides can present evidence (cancelled checks, photos, lease agreements, inspection reports) and call witnesses. Trial fees are the plaintiff’s responsibility and should be paid promptly after the trial date is set.⁶

If You Win: The Writ of Restitution

A judgment for the landlord does not mean you can change the locks that day. Under ORS 105.151, the court clerk first issues a notice of restitution giving the tenant at least four days to move out and remove belongings; you can ask the clerk to extend that period. If the tenant does not leave in time, you can request a writ of execution. The sheriff then serves the writ and physically removes the tenant, returning possession to you.⁵ Only the sheriff can carry out the removal. Trying to force a tenant out yourself exposes you to legal liability.

A party who disagrees with the judgment generally has 30 days to file a notice of appeal. Appealing does not automatically stop the eviction; the tenant would need to request a stay from the court.

Defenses That Can Derail the Case

Tenants served with an FED complaint can file an Answer and raise defenses listed on the official court form, including:

The landlord did not keep the property in habitable condition.
The tenant corrected the violation cited in the notice where the law allows a cure.
The filing was retaliation for the tenant exercising a legal right.
The tenant paid the full amount demanded within the notice period.
The landlord made it unreasonably difficult for the tenant to pay.
The notice itself was defective — wrong dates, wrong amounts, or insufficient time.

These are set out on the Oregon Judicial Department’s Answer to a Residential Eviction form.⁷

Two defenses deserve a closer look because they trip up filings that otherwise look clean. ORS 90.385 bars eviction, rent increases, or service reductions in response to a tenant complaining to a government agency about health or safety violations, joining a tenants’ organization, testifying against the landlord, or exercising any other legal right. A successfully defended eviction within the past six months can also support a retaliation claim.² Tenants who are victims of domestic violence, sexual assault, bias crimes, or stalking also have a specific status-based defense noted on the court answer form.⁷

Federal Rules That May Override State Process

The Fair Housing Act prohibits evictions motivated by a tenant’s race, color, religion, sex, disability, familial status, or national origin, including evictions tied to a guest’s protected status.⁸

For HUD-subsidized or HUD-owned housing, federal regulations generally require good cause to terminate, even if Oregon law would allow a no-cause termination. Tenants in subsidized housing can rely on whichever set of rules gives them stronger procedural protection, unless federal law specifically overrides state law on the point.⁹

If the property went through foreclosure, the Protecting Tenants at Foreclosure Act requires the new owner to give at least 90 days’ written notice before eviction takes effect. A bona fide lease signed before the foreclosure notice generally lets the tenant stay through the end of the lease term, unless the new owner intends to live in the property as a primary residence.¹⁰

1
Oregon Judicial Department. Forms Center
2
Oregon State Legislature. Oregon Revised Statute Chapter 90 – Residential Landlord and Tenant
3
Oregon State Legislature. Oregon Revised Statutes Section 90-394 – Termination of Tenancy for Failure to Pay Rent
4
Oregon Judicial Department. FED Landlord Instruction
5
Oregon State Legislature. Oregon Revised Statute Chapter 105 – Property Rights
6
Oregon Judicial Department. Landlord/Tenant – Going to Court
7
Oregon Judicial Department. Answer to a Residential Eviction
8
eCFR. Part 100 Discriminatory Conduct Under the Fair Housing Act
9
eCFR. Part 247 Evictions from Certain Subsidized and HUD-Owned Projects
10
FDIC. Protecting Tenants at Foreclosure Act of 2009