Can I evict for an unauthorized pet in Oregon?
Yes - a 30/14 for-cause notice under ORS 90.392 starts the process. A repeat violation within six months supports a 10-day non-curable termination.
ORS 90.392 - Oregon Unauthorized Pet Rules
Short answer
An unauthorized pet is generally a material lease violation. Under ORS 90.392, the landlord may serve a 30-day for-cause notice with a 14-day cure period requiring the tenant to remove the pet. A repeat violation within six months can support a 10-day non-curable termination under ORS 90.392(5)-(6). Assistance animals under fair housing law are not 'pets' and are not subject to pet deposits, pet rent, or no-pet policies.
For-cause notice and the 14-day cure
A 30/14 for-cause notice gives the tenant 14 days to remove the unauthorized pet. If the pet is removed within the cure period and stays away, the tenancy continues. If the violation continues past day 14, the tenancy ends at the 30-day mark.
Notice content requirements
The notice must describe the violation specifically (species, dates observed, location), reference the lease provision being violated, state the cure act (remove the pet), and the deadline. Vague 'you have an unauthorized animal' notices get dismissed.
Repeat violations - ORS 90.392(5)-(6)
A second substantially similar violation within six months supports a 10-day non-curable termination. The first notice must have been valid and properly served, and the second violation must be substantially similar.
Assistance animals are not pets
Service animals (ADA) and emotional support animals (Fair Housing Act) are not pets. They are not subject to pet deposits, pet rent, breed or weight restrictions, or no-pet policies. Landlords may request appropriate documentation for non-obvious disabilities for ESAs.
Pet deposits and pet rent
Oregon allows pet deposits and pet rent for permitted pets when properly disclosed in the lease. Pet deposits are security deposits and remain subject to ORS 90.300 accounting rules - including the 31-day deadline.
Frequently asked
Are emotional support animals considered pets?
No. ESAs are assistance animals under the Fair Housing Act and are not subject to pet rules, deposits, or no-pet policies.
Can I charge a pet deposit in Oregon?
Yes, for permitted pets disclosed in the lease. Pet deposits are security deposits under ORS 90.300 and follow the 31-day accounting rule.
Can I ban specific breeds?
For pets, yes - through clear lease language. For assistance animals, no - breed and weight restrictions are not enforceable under the FHA.
What documentation can I request for an ESA?
For a non-obvious disability, you may request reliable documentation that the person has a disability and that the animal alleviates a symptom of it.
Source references
- ORS 90.392
- Federal Fair Housing Act
- ORS 90.300
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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.