Oregon Statutes 90.414 – Acts not constituting waiver of termination of tenancy
(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:
Terms Used In Oregon Statutes 90.414
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
(a) Except when the notice is a nonpayment of rent termination notice under ORS § 90.394, 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, 90.398, 90.405, 90.630 or 90.632, 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, 90.398, 90.405, 90.630 or 90.632 and proceedings have commenced under ORS § 105.100 to 105.168 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.
(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 (1).
(c) The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance. [2007 c.906 § 28; 2023 c.296 § 7]
[Formerly 91.830; 1991 c.62 § 1; 1995 c.559 § 30; 1997 c.577 § 24; 1999 c.603 § 27; 1999 c.676 § 16; 2001 c.596 § 34; 2003 c.658 § 4; 2005 c.22 § 62; 2005 c.391 § 21; repealed by 2007 c.906 § 30]