Oregon Revised Statute 90.322 governs when and how a landlord can enter a rental unit. In most situations the landlord must give at least 24 hours of actual notice, enter only at reasonable times, and stay within the stated purpose. Emergency entry is allowed without notice, and limited exceptions apply for yard work, agreed access, and tenant-requested repairs. This page walks through ORS 90.322 subsection by subsection, the 24-hour notice rule, the most common landlord mistakes, and how the rule interacts with showings, inspections, and tenant refusal.
Under ORS 90.322, an Oregon landlord generally must give the tenant at least 24 hours of actual notice before entering for inspection, repairs, alterations, or showings. Entry must be at a reasonable time and limited to the stated purpose. No notice is required for true emergencies, for entry the tenant requests or agrees to, or for limited exterior yard maintenance. Repeated entry without notice, or using notice for one purpose to do another, can expose the landlord to damages under ORS 90.322(8).
ORS 90.322(1) lists the permitted reasons for entry: inspection, necessary or agreed repairs, decoration, alterations or improvements, supplying services, exhibiting the unit to prospective or actual buyers, lenders, tenants, workers, or contractors. ORS 90.322(2) prohibits abuse of access and harassment of the tenant. ORS 90.322(3) covers emergencies and extended absences. ORS 90.322(4) sets the at-least-24-hours actual-notice rule for non-emergency entry, at reasonable times, with the purpose stated. ORS 90.322(5)-(7) cover yard maintenance, agreed access, and signage. ORS 90.322(8) gives the tenant a remedy if the landlord enters unlawfully, repeatedly demands entry, or otherwise harasses the tenant: actual damages or one month's rent, whichever is greater, plus injunctive relief. Always read the current statute on the Oregon Legislature site before relying on a specific subsection.
Actual notice means notice the tenant actually receives. Hand delivery and written notice posted on the door of the unit are the cleanest records. A text or voicemail can qualify if the tenant actually receives it, but the landlord carries the burden of proving receipt. ORS 90.155 covers delivery of formal written notice. Best practice for a non-emergency entry: send a dated written notice (paper or email) at least 24 hours before entry, identify the date, an approximate time window, and the specific purpose, and keep a copy. If the tenant later disputes that notice was given, the written record decides the question.
ORS 90.322 does not define a specific clock window, but Oregon practice treats reasonable times as normal business and waking hours - typically between roughly 8 a.m. and 8 p.m., absent a different agreement. Entry at night, very early morning, repeated same-day entries, or entries that interfere with the tenant's job, childcare, or quiet enjoyment can fail the 'reasonable time' standard even if 24 hours of notice was given. The reason for entry also affects what is reasonable: a 7 a.m. plumbing repair on a known leak is different from a 7 a.m. discretionary inspection.
Emergency entry is allowed without notice, but the situation must be a genuine emergency - active fire or smoke, flooding, gas leak, water leak causing damage, no heat in winter, a smoke alarm sounding for an extended period, or a reasonable belief the tenant is incapacitated inside the unit. After the entry the landlord should immediately document the date, time, basis, who entered, what was observed, and what was done. A short written memo in the tenant file, plus follow-up notice to the tenant that entry occurred, is the standard record. A non-urgent repair is not an emergency, even if it is inconvenient.
Listing a tenant-occupied unit triggers the full 24-hour notice rule for every showing under ORS 90.322(1)(d) and (4). The landlord cannot delegate notice to a buyer's agent and cannot ask the tenant to vacate or stage the home in ways the lease does not require. For active listings, a recurring written showing schedule, or per-showing notices coordinated through the landlord (not the tenant directly), are the safer patterns. Repeated short-notice or no-notice showings are one of the most common triggers for an ORS 90.322(8) damages claim. See /oregon/selling-with-tenant for the broader workflow.
A tenant can refuse entry, but a refusal does not erase the landlord's right of access under ORS 90.322. The landlord should not force entry, change locks, or repeatedly demand same-day access. The correct response is to document the refusal in writing, offer to reschedule, and - if refusals are repeated and unjustified - serve a written notice of non-compliance under ORS 90.392 referencing the rental agreement and ORS 90.322. Forcing entry after a refusal can itself create liability under ORS 90.322(8) and can undermine an otherwise valid for-cause termination.
Treating an unconfirmed text or voicemail as 'actual notice'; entering for one stated purpose and doing another (notice for repair, used for a showing); entering at unreasonable hours; sending a property manager or contractor with a master key without notice from the landlord; treating an inconvenient repair as an emergency; forcing entry after a tenant refusal; and failing to write up a short memo after any emergency entry. Each of these is a frequent fact pattern in ORS 90.322(8) damages claims.
ORS 90.155 covers how written notices are delivered. ORS 90.150 covers actual notice and constructive notice. ORS 90.392 is the for-cause notice used when a tenant repeatedly and unjustifiably refuses lawful entry. ORS 90.427 governs broader termination rules that can come into play if entry issues escalate. Local ordinances in Portland and some other cities may add additional access or relocation rules - check /oregon/cities or the local jurisdiction page before serving notice.
1) Identify the purpose under ORS 90.322(1) and pick a reasonable time. 2) Give the tenant written 24-hour notice with the date, approximate time window, and specific purpose, and keep a copy. 3) Enter at the stated time, stay within the stated purpose, and leave a brief written follow-up if anything changed. 4) For emergencies, enter immediately and write a short dated memo documenting the basis, time, and observations. 5) If the tenant refuses, document the refusal, offer to reschedule, and escalate to an ORS 90.392 for-cause notice only if refusals are repeated and unjustified.
At least 24 hours of actual notice before non-emergency entry, entry at reasonable times, entry limited to the stated purpose, and emergency entry only for genuine emergencies. ORS 90.322(8) creates a damages remedy for unlawful or harassing entry.
At least 24 hours of actual notice for non-emergency entry under ORS 90.322(4). Written notice that identifies date, approximate time, and purpose is the strongest record.
Yes. ORS 90.322(3) allows emergency entry without notice for genuine emergencies. The landlord should immediately document the basis, time, and observations afterward.
It can if the tenant actually receives it, but the landlord carries the burden of proof. Written notice (paper or email) creates a much stronger record.
Under ORS 90.322(8), a tenant can recover actual damages or one month's rent (whichever is greater) plus injunctive relief for unlawful entry, repeated demands for entry, or harassment of the tenant.
A tenant can refuse entry, but refusal does not erase the right of access. The landlord should document the refusal and offer to reschedule. Repeated unjustified refusals can support a for-cause notice under ORS 90.392.
Yes. ORS 90.322(1)(d) covers showings to prospective buyers, lenders, workers, and contractors. The 24-hour actual-notice rule applies to each showing.
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