Residential Landlord and Tenant

ORS 90.394
Termination of tenancy for failure to pay rent

The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), 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 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 eighth day of the rental period, including the first day the rent is due; or

(b)

At least 144 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.

(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 (Service or delivery of written notice) (1)(a); or

(B)

By first class mail and attachment as provided in ORS 90.155 (Service or delivery of written notice) (1)(c);

(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]
Note: The amendments to 90.394 (Termination of tenancy for failure to pay rent) by section 19, chapter 3, Oregon Laws 2020 (third special session), become operative March 1, 2022. See section 22, chapter 3, Oregon Laws 2020 (third special session), as amended by section 4, chapter 39, Oregon Laws 2021. The text that is operative until March 1, 2022, including amendments by section 10, chapter 3, Oregon Laws 2020 (third special session), is set forth for the user’s convenience.

Notes of Decisions

Under former similar statute (ORS 90.400)

On termination of tenancy for unpaid rent pursuant to this section, landlord was required to proceed to regain possession in judicial proceeding authorized by Forcible Entry and Wrongful Detainer law (ORS 105.105 to 105.165). Smith v. Topits, 64 Or App 799, 669 P2d 1167 (1983)

In general

“Amount of rent” that must be specified in notice of termination for nonpayment of rent is specific monetary amount that landlord claims must be paid to cure default, not amount actually due as found by fact finder. Hickey v. Scott, 310 Or App 825, 492 P3d 123 (2021), Sup Ct review allowed

Source

Last accessed
Mar. 11, 2023

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