Residential Landlord and Tenant

ORS 90.414
Acts not constituting waiver of termination of tenancy

  • delivery of rent refund

(1)

If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy:

(a)

Except when the notice is a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent), the acceptance of rent if:

(A)

The rent is prorated to the termination date specified in the notice; or

(B)

The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.

(b)

Except if the termination is for cause under ORS 90.392 (Termination of tenancy for cause), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home), the acceptance of rent for a rental period that extends beyond the termination date in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice.

(c)

If the termination is for cause under ORS 90.392 (Termination of tenancy for cause), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) and proceedings have commenced under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) to recover possession of the premises based on the termination:

(A)

The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:
(i)
The landlord notifies the tenant in writing in, or after the service of, the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and
(ii)
The rent does not cover a period that extends beyond the date the rent payment is accepted.

(B)

Service of a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent).

(2)

The following do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:

(a)

The acceptance of a last month’s rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.

(b)

The acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (Tenant counterclaims in action by landlord for possession or rent) (1).

(c)

The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance.

(3)

When a landlord must refund rent under this section, the refund shall be made to the tenant or other payer by personal delivery or first class mail and may be in the form of the tenant’s or other payer’s check or in any other form of check or money. [2007 c.906 §28]
Source

Last accessed
May 30, 2023

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