Oregon Statutes 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 § 105.100 to 105.168, as follows:
Terms Used In Oregon Statutes 90.394
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Person: includes an individual or organization. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
- Week-to-week tenancy: means a tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;
(b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and
(c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100
(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 10 days’ 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 13 days’ 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 (1)(a);
(B) By first class mail and attachment as provided in ORS § 90.155 (1)(c); or
(C) By first class mail and electronic mail as provided in ORS § 90.155 (5);
(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; 2023 c.13 § 58; 2023 c.296 § 5]