How does the Oregon 10-day nonpayment notice work?

Short answer

Under ORS 90.394 as amended by HB 2001 (2023), the Oregon 10-day nonpayment notice is the standard notice for month-to-month and fixed-term tenancies. It may not be served before the 8th day of the rental period, counting the day rent is due as day 1, and gives the tenant 10 days to pay or vacate. A 13-day notice is also available if the rental agreement expressly authorizes earlier service on the 5th day.

When this comes up

Landlords use the 10-day notice whenever a month-to-month or fixed-term tenant has not paid rent in full and the grace period has passed. The question usually involves when the notice can be served, what content must be included, and how to count the days correctly.

Oregon rule or source to check

ORS 90.394 (as amended by HB 2001, 2023). The 10-day notice may not be served before the 8th day of the rental period. It must state the exact cure amount, the specific date and time payment must be received, and must include the Oregon Judicial Department rental-assistance notice plus veterans' services contact information. The day count begins the day after service. First-class mail adds 3 days to the notice period.

Practical workflow

1. Practical workflow. 1) Confirm rent is genuinely unpaid and the grace period has expired. 2) Wait until at least the 8th day of the rental period. 3) Draft the notice with the exact cure amount and a specific cure date and time. 4) Attach the OJD rental-assistance notice and include veterans' services contact information. 5) Pick a valid ORS 90.155 delivery method - add 3 days if using first-class mail. 6) Serve and document service. 7) Calendar the cure date and the earliest FED filing date.
2. Common mistakes. Serving before the 8th day; using a 72-hour notice for a month-to-month tenant; forgetting the OJD rental-assistance attachment; failing to add 3 mailing days; including late fees in the cure amount in a way that confuses the tenant about what must be paid to cure; and losing the proof of service before filing.
3. Related forms or workflows. third-party sources and other Oregon trade associations publish post-HB 2001 10-day and 13-day nonpayment forms. The Delivery Calculator can count mailing days, and the Oregon Notice and Form Finder can confirm whether a 10-day or 13-day notice fits.

Common mistakes

Related forms or workflows

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