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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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]

Source: Section 90.427 — Termination of tenancy without tenant cause; effect of termination notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

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)

This section does not preempt local ordinance requiring landlords to pay relocation assistance to tenants under certain circumstances. Owen v. City of Portland, 305 Or App 267, 470 P3d 390 (2020), aff’d on other grounds, 368 Or 661, 497 P3d 1216 (2021)

Applicability of provisions related to application of prohibition on no-cause evictions under this section is based on date that termination of tenancy occurs, not when notice of termination is delivered. Rider v. Carranza, 306 Or App 616, 475 P3d 467 (2020)

90.100
Definitions
90.105
Short title
90.110
Exclusions from application of this chapter
90.112
Maximum occupancy limit
90.113
Additional exclusion from application of chapter
90.115
Territorial application
90.120
Applicability of other statutory lien, tenancy and rent provisions
90.125
Administration of remedies
90.130
Obligation of good faith
90.135
Unconscionability
90.140
Types of payments landlord may require or accept
90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
90.147
Delivery of possession
90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
90.150
Service or delivery of actual notice
90.155
Service or delivery of written notice
90.160
Calculation of notice periods
90.220
Terms and conditions of rental agreement
90.222
Renter’s liability insurance
90.228
Notice of location in 100-year flood plain
90.230
Rental agreements for occupancy of recreational vehicle in park
90.243
Qualifications for drug and alcohol free housing
90.245
Prohibited provisions in rental agreements
90.250
Receipt of rent without obligation to maintain premises prohibited
90.255
Attorney fees
90.260
Late rent payment charge or fee
90.262
Use and occupancy rules and regulations
90.263
Vehicle tags
90.265
Interest in alternative energy device installed by tenant
90.275
Temporary occupancy agreement
90.295
Applicant screening charges
90.297
Prohibition on charging deposit or fee to enter rental agreement
90.300
Security deposits
90.302
Fees allowed for certain landlord expenses
90.303
Evaluation of applicant
90.304
Statement of reasons for denial
90.305
Disclosure of certain matters
90.310
Disclosure of legal proceedings
90.315
Utility or service payments
90.316
Carbon monoxide alarm
90.317
Repair or replacement of carbon monoxide alarm
90.318
Criteria for landlord provision of certain recycling services
90.320
Landlord to maintain premises in habitable condition
90.322
Landlord or agent access to premises
90.323
Maximum rent increase
90.324
Calculation of maximum rent increase
90.325
Tenant duties
90.340
Occupancy of premises as dwelling unit only
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
90.365
Failure of landlord to supply essential services
90.367
Application of security deposit or prepaid rent after notice of foreclosure
90.368
Repair of minor habitability defect
90.370
Tenant counterclaims in action by landlord for possession or rent
90.375
Effect of unlawful ouster or exclusion
90.380
Effect of rental of dwelling in violation of building or housing codes
90.385
Retaliatory conduct by landlord
90.390
Discrimination against tenant or applicant
90.391
Information to veterans required in notice
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
90.401
Remedies available to landlord
90.403
Taking possession of premises from unauthorized possessor
90.405
Effect of tenant keeping unpermitted pet
90.410
Effect of tenant failure to give notice of absence
90.412
Waiver of termination of tenancy
90.414
Acts not constituting waiver of termination of tenancy
90.417
Duty to pay rent
90.420
Enforceability of landlord liens
90.425
Disposition of personal property abandoned by tenant
90.427
Termination of tenancy without tenant cause
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850
90.430
Claims for possession, rent, damages after termination of rental agreement
90.435
Limitation on recovery of possession of premises
90.440
Termination of tenancy in group recovery home
90.445
Termination of tenant committing criminal act of physical violence
90.449
Landlord discrimination against victim
90.453
Termination by tenant who is victim of domestic violence, sexual assault or stalking
90.456
Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking
90.459
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking
90.460
Alternate exit from bedroom required
90.462
Electric vehicle charging stations
90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation
90.472
Termination by tenant called into active state service by Governor
90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
90.485
Restrictions on landlord removal of vehicle
90.490
Prohibited acts in anticipation of notice of conversion to condominium
90.493
Prohibited acts following notice of conversion to condominium
90.505
Definitions for ORS 90.505 to 90.850
90.510
Statement of policy
90.512
Definitions for ORS 90.514 and 90.518
90.514
Disclosure to prospective tenant of improvements required under rental agreement
90.516
Model statement for disclosure of improvements required under rental agreement
90.518
Provider statement of estimated cost of improvements
90.525
Unreasonable conditions of rental or occupancy prohibited
90.527
Renter’s liability insurance in park
90.528
Use of common areas or facilities
90.530
Pets in facilities
90.545
Fixed term tenancy expiration
90.550
Permissible forms of tenancy
90.555
Subleasing agreements
90.560
Definitions for ORS 90.560 to 90.584
90.562
Utility and service charges
90.564
Charge for cable, satellite or Internet
90.566
Conversion to direct billing for garbage service
90.568
Pro rata billing
90.570
Public service charge pro rata apportionment
90.572
Submeter billing
90.574
Conversion to submeter or pro rata billing for water
90.576
Legislative findings
90.578
Conversion to submeter or direct billing for large parks
90.580
Entry to read submeter
90.584
Park specific billing for water
90.600
Increases in rent
90.605
Persons authorized to receive notice and demands on landlord’s behalf
90.610
Notice of proposed change in rule or regulation
90.620
Termination by tenant
90.630
Termination by landlord
90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home
90.634
Prohibition against lien for rent
90.640
Park damaged by natural disaster
90.643
Conversion of park to planned community subdivision of manufactured dwellings
90.645
Closure of park
90.650
Notice of tax provisions to tenants of closing park
90.655
Park closure notice to nontenants
90.660
Local regulation of park closures
90.671
Closure of marina
90.675
Disposition of manufactured dwelling or floating home left in facility
90.680
Sale of dwelling or home on rented space
90.710
Causes of action
90.720
Action to enjoin violation of ORS 90.750 or 90.755
90.725
Landlord or agent access to rented space
90.727
Maintenance of trees in rented spaces
90.729
Temporary movement of floating home
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
90.732
Landlord registration
90.734
Manager or owner continuing education requirements
90.736
Civil penalties
90.738
Enforcement of registration and education requirements
90.740
Tenant obligations
90.750
Right to assemble or canvass in facility
90.755
Right to speak on political issues
90.765
Prohibitions on retaliatory conduct by landlord
90.767
Mandatory mediation
90.769
Informal dispute resolution
90.771
Confidentiality of information regarding disputes
90.775
Rules
90.800
Policy
90.840
Park purchase funds, loans
90.842
Notice of sale of facility
90.844
Procedures for purchase of facility by tenants
90.846
Notices and processes in facility transfer
90.848
Exceptions to facility transfer requirements
90.849
Notice of conveyance
90.850
Owner affidavit certifying compliance with requirements for sale of facility
90.860
Definitions for ORS 90.865 to 90.875
90.865
Dealer notice of rent payments and financing
90.870
Manner of giving notice
90.875
Remedy for failure to give notice
Green check means up to date. Up to date