When does the Oregon 72-hour nonpayment notice apply?

Short answer

After HB 2001 (2023), the Oregon 72-hour nonpayment notice generally applies only to week-to-week tenancies under ORS 90.394 and may not be served before the 5th day of the rental period. For month-to-month and fixed-term tenancies, the standard notices are now 10-day or 13-day nonpayment notices. Serving a 72-hour notice on a standard tenancy is one of the most common reasons FED cases get dismissed.

When this comes up

Many older forms and online templates still describe the 72-hour notice as the default Oregon nonpayment notice. That changed when HB 2001 took effect in March 2023. The question usually comes up when a landlord is reusing an old form, learning the rules for the first time, or dealing with a week-to-week tenancy and trying to confirm the right notice.

Oregon rule or source to check

ORS 90.394, as amended by HB 2001 (effective March 29, 2023). The 72-hour nonpayment notice now applies primarily to week-to-week tenancies and may not be served before the 5th day of the rental period. The notice must include the exact amount needed to cure, the specific date and time by which payment must be received, the Oregon Judicial Department rental-assistance notice, and veterans' services contact information.

Practical workflow

1. Practical workflow. 1) Confirm the tenancy is week-to-week before using a 72-hour notice. 2) Wait until at least the 5th day of the rental period. 3) Use a current 72-hour nonpayment notice form from a trusted third-party source (such as third-party form sources) that includes the OJD rental-assistance attachment and veterans' services contact. 4) Pick a valid ORS 90.155 delivery method and add mailing days if applicable. 5) Document service. 6) Track the 72-hour clock - it starts at 11:59 p.m. on the day of service.
2. Common mistakes. Using a 72-hour notice on a month-to-month tenant (use a 10-day or 13-day notice instead); serving before the 5th day; skipping the OJD rental-assistance attachment; using an outdated form that does not include the veterans' services contact; and missing mailing days on first-class mail with attachment.
3. Related forms or workflows. third-party sources publishes current 72-hour and 10-day nonpayment forms that include the required attachments. The Oregon Notice and Form Finder can help confirm which category fits the situation, and the Delivery Calculator handles the day count.

Common mistakes

Related forms or workflows

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