What notice do I use for nonpayment of rent in Oregon?
ORS 90.394 - a 10-day notice after day 8, or a 13-day notice after day 5.
Oregon Termination Notices - ORS 90.392, 90.394, and 90.427
Short answer
The right Oregon termination notice depends on the reason. Common types: a 10-day or 13-day notice for nonpayment of rent (ORS 90.394), a 30-day for-cause notice with a 14-day cure (ORS 90.392), a 10-day non-curable for repeat violations (ORS 90.392(5)-(6)), and a 90-day termination tied to a qualifying landlord reason after the first year of occupancy (ORS 90.427).
Nonpayment of rent - ORS 90.394
After rent is at least 8 days late, the landlord may serve a 10-day notice to pay or quit. After day 5, a 13-day notice is available. The notice must accurately state the total amount due and the deadline; if it's off by even a few dollars the case can be dismissed.
For-cause material violation - ORS 90.392
For material lease violations - unauthorized occupants, repeated late rent, property damage, unauthorized pets - ORS 90.392 generally requires a 30-day notice with a 14-day cure period. The notice must describe the violation with enough detail that the tenant can cure it.
Repeat violations - ORS 90.392(5)-(6)
A second substantially similar violation within six months can support a 10-day non-curable for-cause termination, but only if the first violation was properly noticed.
Qualifying landlord reason - ORS 90.427
After the first year of occupancy, ORS 90.427 only allows termination for a qualifying landlord reason: intent to demolish, convert to non-residential use, undertake major repairs requiring the unit to be vacant, the landlord (or close family) moving in, or accepted bona fide purchase. A 90-day notice and one month's rent in relocation assistance generally apply.
First-year terminations - ORS 90.427(3)
During the first year of occupancy, the landlord may terminate a month-to-month tenancy with 30 days' written notice without cause. Fixed-term leases inside the first year end at the lease term without notice unless the lease says otherwise.
Service of notice - ORS 90.155
Notices must be delivered by personal service, first class mail (adding 3 days), or attachment-and-mail if the lease authorizes it. Defective service is the most common reason eviction cases get dismissed.
Frequently asked
Can I terminate a month-to-month tenancy without cause in Oregon?
Only during the first year of occupancy with a 30-day notice. After the first year, ORS 90.427 requires a qualifying landlord reason and 90 days.
Do I owe relocation assistance for a no-cause termination?
Generally yes - ORS 90.427 requires one month's rent in relocation assistance for most qualifying-reason terminations, with limited landlord exemptions.
What is the cure period for a for-cause notice?
ORS 90.392 typically gives the tenant 14 days to cure within a 30-day termination period.
Can I use a 72-hour notice in Oregon?
No. Oregon replaced the 72-hour notice with 10-day and 13-day options under ORS 90.394.
How do I serve a termination notice?
Personal delivery, first class mail (add 3 days), or attachment-and-mail if your lease authorizes it - see ORS 90.155.
Source references
- ORS 90.392
- ORS 90.394
- ORS 90.427
- 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.