How many late rent notices before I can terminate in Oregon?
Three valid ORS 90.394 notices in 12 months, plus a written warning, then a 10-day non-curable termination on the next late payment - under ORS 90.392(5).
ORS 90.392(5) - Terminating for Repeated Late Rent in Oregon
Short answer
Yes. Under ORS 90.392(5), after the landlord has served three valid ORS 90.394 nonpayment notices within a 12-month period and delivered a written warning notice after the third, the landlord may issue a 10-day non-curable for-cause termination on the next nonpayment within 12 months of the warning. The tenant cannot stop the termination by paying.
Three valid prior nonpayment notices
The first three notices must each be valid ORS 90.394 nonpayment notices served within any rolling 12-month period - with the correct amount, correct deadline, and proper ORS 90.155 service. Defective notices generally do not count.
Written warning after the third notice - ORS 90.392(5)
After the third notice, the landlord must deliver a written warning explaining that another late payment within the next 12 months will end the tenancy without a cure right. The warning must be in writing and served under ORS 90.155.
The non-curable 10-day termination
On a fourth late payment within 12 months of the warning, the landlord may serve a 10-day non-curable for-cause termination. The tenant cannot cure by paying. The 10-day clock runs under ORS 90.155 service rules.
What counts as 'late' for the count
The triggering event is each notice of nonpayment - not each day rent was late. Three notices in a year (each based on a separate failure to pay on time) is the threshold, not three late payments without notice.
Document everything
Keep copies of each prior notice, proof of service for each, the written warning, the rent ledger showing each late period, and any partial-payment agreements. Repeat late-rent cases turn entirely on documentation.
Frequently asked
Does a partial payment reset the count?
No. The notice still counts as long as it was valid and served properly. Partial payments are governed by ORS 90.417.
Can the tenant still pay to cure on the fourth notice?
No. A properly issued ORS 90.392(5) termination is non-curable; payment does not stop the termination.
Do all three prior notices have to be in the same calendar year?
No - it's a rolling 12-month period, measured backwards from the most recent notice.
What if one of the earlier notices was defective?
It generally doesn't count toward the three. The 90.392(5) escalation requires three VALID prior notices.
Source references
- ORS 90.392
- ORS 90.394
- 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.