ORS 90.394: Termination of tenancy for failure to pay rent.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows: (1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due. (2) For all tenancies other than week-to-week tenancies, by delivering to the tenant: (a) At least 10 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or (b) At least 13 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due. (3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent. (4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless: (a) The notice is served on the tenant: (A) By personal delivery as provided in ORS 90.155 (1)(a); (B) By first class mail and attachment as provided in ORS 90.155 (1)(c); or (C) By first class mail and electronic mail as provided in ORS 90.155 (5); (b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and (c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8; 2020 s.s.3 c.3 §§10,19; 2023 c.13 §58; 2023 c.296 §5]
Administrative rules citing this section
- OAR 415-052-0100: Purpose — implements
- OAR 415-052-0105: Definitions — implements
- OAR 415-052-0110: Revolving Loan Fund — implements
This rule cites
- ORS 105.100 — resolved
- 105.168 — resolved
- ORS 90.155 — resolved
Cited by
- ORS 90.260: Late rent payment charge or fee; restrictions; calculation.
- ORS 90.300: Security deposits; prepaid rent.
- ORS 90.302: Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies.
- ORS 90.315: Utility or service payments; additional charges; responsibility for utility or service; remedies.
- ORS 90.367: Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice.
- ORS 90.395: Required delivery of notice of rental assistance and support services before termination for nonpayment.
- ORS 90.401: Remedies available to landlord.
- ORS 90.414: Acts not constituting waiver of termination of tenancy.
- ORS 90.417: Duty to pay rent; effect of acceptance of partial rent.
- ORS 90.429: Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850.
- ORS 90.555: Subleasing agreements.
- ORS 90.562: Utility and service charges; limits.
- ORS 90.630: Termination by landlord; causes; notice; cure; repeated nonpayment of rent.
- ORS 90.632: Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant.
- ORS 90.645: Closure of park; notices; payments to tenants; rules.
- ORS 90.671: Closure of marina; notices; payments to tenants; rules.
- ORS 90.767: Mandatory mediation.
- ORS 92.840: Sale of subdivision lots; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision; continuation of tenancy on lot in subdivision.
- ORS 105.115: Causes of unlawful holding by force; action for return of possession.
- ORS 105.124: Form of complaint if ORS chapter 90 applies.
- ORS 105.135: Service and return of summons; posting; contents; use of facsimile.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html