ORS 90.410: Effect of tenant failure to give notice of absence; absence; abandonment.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary. (3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. [Formerly 91.825; 1993 c.369 §13; 1995 c.559 §29; 1999 c.603 §26]
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 90.340 — resolved
Cited by
- ORS 90.220: Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment.
- ORS 90.302: Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies.
- ORS 90.322: Landlord or agent access to premises; remedies.
- ORS 90.725: Landlord or agent access to rented space; remedies.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html