Can an Oregon landlord accept partial rent?

Short answer

Yes, but it matters how. Under ORS 90.417, an Oregon landlord may accept a partial rent payment without waiving a nonpayment notice if a written partial payment agreement is in place that meets the statutory requirements. Without that agreement, accepting partial rent can void the notice.

When this comes up

Tenants offering a portion of the rent after a notice is served, or in the middle of working out a payment plan.

Oregon rule or source to check

ORS 90.417 governs partial payments and the conditions for preserving the termination right. ORS 90.394 governs the nonpayment notice itself.

Practical workflow

  1. 1. Decide whether to accept. Consider whether the partial payment is meaningful and whether you want to preserve the notice.
  2. 2. Use a written partial payment agreement. Draft and sign an ORS 90.417-compliant agreement before accepting the partial amount.
  3. 3. Document the balance and deadline. Include the remaining amount due and the date it is due.
  4. 4. Preserve proof of service of the notice. Keep the original nonpayment notice and the proof of service with the agreement.
  5. 5. Track compliance. If the tenant pays the balance by the agreed date, the matter resolves; if not, follow the next step under the agreement.

Common mistakes

Accepting partial rent without a written agreement, leaving the balance and deadline vague, and not retaining proof of service of the original notice.

Related forms or workflows

Partial payment agreement template, original nonpayment notice, and an updated ledger.

Related questions

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Propsistant provides educational information and workflow guidance. It is not a law firm and does not provide legal advice.

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