ORS § 105 § 105.159
Computation of time before plaintiff may request writ of execution.
Operative Text
(1) Notwithstanding ORCP 10, the four-day period specified in ORS 105.151 (2) shall: (a) Commence at 12:01 a.m. on the day after mailing and service of the notice of restitution pursuant to ORS 105.158, including a Saturday or a Sunday or other legal holiday; and (b) End at 11:59 p.m. on the fourth calendar day after the mailing and service except that if the fourth day is a Saturday or a Sunday or other legal holiday, the period shall end at 11:59 p.m. on the day preceding the next judicial day. (2) Except as provided in subsection (3) of this section, at any time after the expiration of the period provided in the notice of restitution, the plaintiff may request that the clerk of the court issue a writ of execution of judgment of restitution directing the sheriff to enforce the judgment of restitution by returning possession of the premises to the plaintiff. After payment of any required fees, the clerk shall issue the writ in substantially the form provided by ORS 105.156. (3) Unless the judgment otherwise provides, the clerk may not issue a notice of restitution or a writ of execution of judgment of restitution more than 60 days after the judgment is entered or after any date for possession as specified in the judgment, whichever is later.
ORS § 105.159 governs the precise timing rules that determine when a landlord who has won an eviction judgment may ask the court to issue a writ of execution — the legal order directing a sheriff to remove a tenant and restore possession of the property. The four-day waiting period after the notice of restitution is served begins at 12:01 a.m. the day after mailing and service, counts every calendar day including weekends and holidays, but if the final day falls on a weekend or holiday the period extends to 11:59 p.m. the day before the next court business day. Additionally, the court clerk cannot issue a notice of restitution or writ of execution more than 60 days after the judgment is entered or after any possession date specified in the judgment, whichever comes later.
Plain English — not legal advice.
Under ORS § 105.159, a landlord who has obtained a judgment of restitution must wait out the full four-day period following mailing and service of the notice of restitution before requesting a writ of execution from the court clerk. Compliant operators track the calendar carefully, accounting for the provision's weekend and holiday rules that can shift the end of the period to the preceding judicial day. Landlords also take note of the 60-day outer limit: if a writ is not requested within 60 days of the judgment or the specified possession date, the clerk is barred from issuing one, which could require initiating new proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.159 establishes a mandatory waiting period of at least four calendar days after a notice of restitution is mailed and served before a landlord can ask the court to issue a writ directing the sheriff to enforce an eviction judgment. Tenants should be aware that this period is calculated precisely — including weekends and holidays — and that the landlord's ability to obtain a writ expires entirely 60 days after the judgment or the possession date, whichever is later. Tenants who believe the timing rules under ORS § 105.159 were not followed may be able to raise that issue in court proceedings, and tenant-rights organizations or legal aid offices can help explain what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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