What notice do I use for nonpayment of rent in Oregon?
ORS 90.394 - a 10-day notice after day 8 of nonpayment, or a 13-day notice after day 5.
ORS 90.394 - Oregon Nonpayment of Rent Notices
Short answer
Under ORS 90.394, an Oregon landlord may serve a 10-day notice to pay or quit any time after rent is at least 8 days late, or a 13-day notice any time after rent is at least 5 days late. The notice must accurately state the total amount due and a clear payment deadline. Oregon no longer uses the old 72-hour notice.
10-day vs 13-day notice
Both options exist in ORS 90.394: a 10-day notice served on day 8 or later, or a 13-day notice served on day 5 or later. Choose based on how soon you want the cure period to start - the 13-day option lets you act faster but gives the tenant longer to cure.
What the notice must say
The notice must (a) state the total amount of rent due (no late fees or other charges that aren't rent), (b) state that the tenancy will terminate if the full amount is not paid by the deadline, and (c) be served correctly under ORS 90.155. An amount that is off by even a few dollars can dismiss the case.
Service and mailing days
Personal delivery starts the clock immediately. First class mail adds 3 days to the notice period under ORS 90.155(1)(c). Attach-and-mail is allowed only if the lease authorizes it.
Partial payments - ORS 90.417
Accepting a partial payment after notice can affect your ability to proceed. ORS 90.417 sets a written acceptance procedure - including a written agreement signed by both parties stating that acceptance does not waive the termination. Document every partial payment carefully.
What happens if the tenant cures
If the tenant pays the full stated amount by the deadline, the tenancy continues and the notice is satisfied. A partial payment that doesn't cover the full notice amount does not cure unless you waive (or signed an ORS 90.417 agreement).
Frequently asked
Does Oregon still use the 72-hour notice?
No. Oregon replaced the 72-hour notice with 10-day and 13-day options under ORS 90.394.
Can I include late fees in the nonpayment notice?
No. The notice may only state rent due. Late fees and other charges must be pursued separately.
What if the tenant pays partial rent before the deadline?
Partial payment does not cure unless you accept under ORS 90.417's written-agreement procedure. Otherwise the termination proceeds.
Can I serve a nonpayment notice on day 1 of late rent?
No. ORS 90.394 requires waiting until at least day 5 (for 13-day) or day 8 (for 10-day) after rent is due.
Source references
- ORS 90.394
- ORS 90.417
- ORS 90.155
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Propsistant provides general landlord-tenant information from selected statutes and official sources. It is not a law firm, does not provide legal advice, does not create an attorney-client relationship, and is not a substitute for a licensed attorney in your jurisdiction.