Acts or omissions justifying termination 24 hours after notice
(1)Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement 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), if:
(a)The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant;
(b)The tenant or someone in the tenant’s control recklessly endangers a person on the premises other than the tenant by creating a serious risk of substantial personal injury;
(c)The tenant, someone in the tenant’s control or the tenant’s pet inflicts any substantial personal injury upon a neighbor living in the immediate vicinity of the premises;
(d)The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises or the tenant’s pet inflicts substantial damage to the premises on more than one occasion;
(e)Intentionally left blank —Ed.
(A)The tenant intentionally provided substantial false information on the application for the tenancy within the past year;
(B)The false information was with regard to a criminal conviction of the tenant that would have been material to the landlord’s acceptance of the application; and
(C)The landlord terminates the rental agreement within 30 days after discovering the falsity of the information; or
(f)The tenant, someone in the tenant’s control or the tenant’s pet commits any act that is outrageous in the extreme, on the premises or in the immediate vicinity of the premises. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. An act that is outrageous in the extreme is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392 (Termination of tenancy for cause). Acts that are “outrageous in the extreme” include, but are not limited to, the following acts by a person:
(A)Prostitution, commercial sexual solicitation or promoting prostitution, as described in ORS 167.007 (Prostitution), 167.008 (Commercial sexual solicitation) and 167.012 (Promoting prostitution);
(B)Unlawful manufacture, delivery or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980);
(C)Manufacture of a cannabinoid extract, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525), unless the person manufacturing the cannabinoid extract holds a license issued under ORS 475C.085 (Processor license) or is registered under ORS 475C.815 (Marijuana processing site registration system);
(D)A bias crime, as described in ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree); or
(E)Burglary as described in ORS 164.215 (Burglary in the second degree) and 164.225 (Burglary in the first degree).
(2)If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. The notice must describe the right of the tenant to cure the cause. If the tenant returns the pet to the premises at any time after having cured the violation, the landlord, after at least 24 hours’ written notice specifying the subsequent presence of the offending pet, may terminate the rental agreement 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). The tenant does not have a right to cure this subsequent violation.
(3)For purposes of subsection (1) of this section, someone is in the tenant’s control if that person enters or remains on the premises with the tenant’s permission or consent after the tenant reasonably knows or should know of that person’s act or likelihood to commit any act of the type described in subsection (1) of this section.
(4)An act can be proven to be outrageous in the extreme even if the act is one that does not violate a criminal statute. Notwithstanding the references to criminal statutes in subsection (1)(f) of this section, the landlord’s burden of proof in an action for possession under subsection (1) of this section is the civil standard of proof by a preponderance of the evidence.
(5)If a good faith effort by a landlord to terminate the tenancy under subsection (1)(f) of this section and to recover possession of the rental unit under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) fails by decision of the court, the landlord may not be found in violation of any state statute or local ordinance requiring the landlord to remove that tenant upon threat of fine, abatement or forfeiture as long as the landlord continues to make a good faith effort to terminate the tenancy. [2005 c.391 §9; 2007 c.71 §23; 2011 c.151 §5; 2015 c.98 §3; 2016 c.24 §54; 2017 c.21 §33; 2019 c.553 §11]
Section 90.396 — Acts or omissions justifying termination 24 hours after notice,
Notes of Decisions
To specify date and time of termination, landlord must explicitly include in notice of termination actual date and time that tenancy will terminate. Greenway v. Parlanti, 245 Or App 144, 261 P3d 69 (2011)
Where tenant created and distributed false notices to other tenants in mobile home park indicating rent decrease, tenant’s behavior was not “outrageous in the extreme,” as used in this section, which means conduct similar in degree to putting others at risk of substantial injury or actually inflicting substantial damage to property. Emon Enterprises, LLC v. Kilcup, 285 Or App 639, 395 P3d 78 (2017)