ORS 90.427
Termination of tenancy without tenant cause; effect of termination notice


(1)

As used in this section:

(a)

“First year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less.

(b)

“Immediate family” means:

(A)

An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310 (Definitions for ORS 106.300 to 106.340), or as defined or described in similar law in another jurisdiction;

(B)

An unmarried parent of a joint child;

(C)

A child, grandchild, foster child, ward or guardian; or

(D)

A child, grandchild, foster child, ward or guardian of any person listed in subparagraph (A) or (B) of this paragraph.

(2)

If a tenancy is a week-to-week tenancy, the landlord or the tenant may terminate the tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.

(3)

If a tenancy is a month-to-month tenancy:

(a)

At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(b)

At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.

(c)

Except as provided in subsection (8) of this section, at any time after the first year of occupancy, the landlord may terminate the tenancy only:

(A)

For a tenant cause and with notice in writing as specified in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant committing criminal act of physical violence); or

(B)

For a qualifying landlord reason for termination and with notice in writing as described in subsections (5) and (6) of this section.

(4)

If the tenancy is a fixed term tenancy:

(a)

The landlord may terminate the tenancy during the fixed term only for cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant committing criminal act of physical violence).

(b)

If the specified ending date for the fixed term falls within the first year of occupancy, the landlord may terminate the tenancy without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.

(c)

Except as provided by subsection (8) of this section, if the specified ending date for the fixed term falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless:

(A)

The landlord and tenant agree to a new fixed term tenancy;

(B)

The tenant gives notice in writing not less than 30 days prior to the specified ending date for the fixed term or the date designated in the notice for the termination of the tenancy, whichever is later; or

(C)

The landlord has a qualifying reason for termination and gives notice as specified in subsections (5) to (7) of this section.

(5)

The landlord may terminate a month-to-month tenancy under subsection (3)(c)(B) of this section at any time, or may terminate a fixed term tenancy upon the expiration of the fixed term under subsection (4)(c) of this section, by giving the tenant notice in writing not less than 90 days prior to the date designated in the notice for the termination of the month-to-month tenancy or the specified ending date for the fixed term, whichever is later, if:

(a)

The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time;

(b)

The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and:

(A)

The premises is unsafe or unfit for occupancy; or

(B)

The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations;

(c)

The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or

(d)

The landlord has:

(A)

Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and

(B)

Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

(6)

(a) A landlord that terminates a tenancy under subsection (5) of this section shall:

(A)

Specify in the termination notice the reason for the termination and supporting facts;

(B)

State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and

(C)

At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.

(b)

The requirements of paragraph (a)(C) of this subsection do not apply to a landlord who has an ownership interest in four or fewer residential dwelling units subject to this chapter.

(7)

A fixed term tenancy does not become a month-to-month tenancy upon the expiration of the fixed term if the landlord gives the tenant notice in writing not less than 90 days prior to the specified ending date for the fixed term or 90 days prior to the date designated in the notice for the termination of the tenancy, whichever is later, and:

(a)

The tenant has committed three or more violations of the rental agreement within the preceding 12-month period and the landlord has given the tenant a written warning notice at the time of each violation;

(b)

Each written warning notice:

(A)

Specifies the violation;

(B)

States that the landlord may choose to terminate the tenancy at the end of the fixed term if there are three violations within a 12-month period preceding the end of the fixed term; and

(C)

States that correcting the third or subsequent violation is not a defense to termination under this subsection; and

(c)

The 90-day notice of termination:

(A)

States that the rental agreement will terminate upon the specified ending date for the fixed term or upon a designated date not less than 90 days after delivery of the notice, whichever is later;

(B)

Specifies the reason for the termination and supporting facts; and

(C)

Is delivered to the tenant concurrent with or after the third or subsequent written warning notice.

(8)

If the tenancy is for occupancy in a dwelling unit that is located in the same building or on the same property as the landlord’s primary residence, and the building or the property contains not more than two dwelling units, the landlord may terminate the tenancy at any time after the first year of occupancy:

(a)

For a month-to-month tenancy:

(A)

For cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant committing criminal act of physical violence);

(B)

Without cause by giving the tenant notice in writing not less than 60 days prior to the date designated in the notice for the termination of the tenancy; or

(C)

Without cause by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy if:

(i)

The dwelling unit is purchased separately from any other dwelling unit;

(ii)

The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and
(iii) The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

(b)

For a fixed term tenancy:

(A)

During the term of the tenancy, only for cause and with notice as described in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant committing criminal act of physical violence); or

(B)

At any time during the fixed term, without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.

(9)

(a) If a landlord terminates a tenancy in violation of subsection (3)(c)(B), (4)(c), (5), (6) or (7) of this section:

(A)

The landlord shall be liable to the tenant in an amount equal to three months’ rent in addition to actual damages sustained by the tenant as a result of the tenancy termination; and

(B)

The tenant has a defense to an action for possession by the landlord.

(b)

A tenant is entitled to recovery under paragraph (a) of this subsection if the tenant commences an action asserting the claim within one year after the tenant knew or should have known that the landlord terminated the tenancy in violation of this section.

(10)

The tenancy shall terminate on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(11)

If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, the landlord may recover from the tenant any actual damages resulting from the tenant holding over, including the value of any rent accruing from the expiration or termination of the rental agreement until the landlord knows or should know that the tenant has relinquished possession to the landlord. If the landlord consents to the tenant’s continued occupancy, ORS 90.220 (Terms and conditions of rental agreement) (7) applies.

(12)

(a) A notice given to terminate a tenancy under subsection (2), (3)(a) or (b), (8)(a)(B) or (C) or (8)(b) of this section need not state a reason for the termination.

(b)

Notwithstanding paragraph (a) of this subsection, a landlord or tenant may include in a notice of termination given under subsection (2), (3)(a) or (b), (8)(a)(B) or (C) or (8)(b) of this section an explanation of the reason for the termination without having to prove the reason. An explanation does not give the person receiving the notice of termination a right to cure the reason if the notice states that:

(A)

The notice is given without stated cause;

(B)

The recipient of the notice does not have a right to cure the reason for the termination; and

(C)

The person giving the notice need not prove the reason for the termination in a court action.

(13)

Subsections (2) to (9) of this section do not apply to a month-to-month tenancy subject to ORS 90.429 (Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850) or other tenancy created by a rental agreement subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility). [Formerly 90.900; 1999 c.603 §29; 1999 c.676 §17; 2003 c.378 §15; 2009 c.127 §4; 2009 c.431 §1; 2011 c.42 §14; 2019 c.1 §1; 2019 c.641 §5]
Note: Section 11, chapter 1, Oregon Laws 2019, provides:
Sec. 11. The amendments to ORS 90.427 (Termination of tenancy without tenant cause) by section 1 of this 2019 Act apply to:

(1)

Fixed term tenancies entered into or renewed on or after the effective date of this 2019 Act [February 28, 2019]; and

(2)

Terminations of month-to-month tenancies occurring on or after the 30th day after the effective date of this 2019 Act. [2019 c.1 §11]

(formerly 91.855, then 90.900)

Notes of Decisions

Tenant may terminate month-to-month residential tenancy at any time for any reason or no reason. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may evict tenant who terminates tenancy, but then wrongfully remains possession beyond termination date. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Where party failed to make claim for money damages in pleadings, it was error for trial court to enter judgment granting that relief. Cheryl Wilcox Property Management v. Appel, 110 Or App 90, 821 P2d 428 (1991)

Chapter 90

Notes of Decisions

The prevailing party in an action brought under this Act is entitled to attorney fees. Executive Management v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining action for possession. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days’ written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinction in this act between residential and nonresidential tenancies is not irrational, arbitrary or unreasonable under United States or Oregon Constitution. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of personal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent “unusual circumstances,” to receive attorney fees for damages for prevailing on personal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause eviction notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to possession of house and whether tenants’ right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869; applicability to university housing and properties, (1976) Vol 37, p 1297

Law Review Citations

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)


Source
Last accessed
May. 15, 2020