Oregon Statewide Rule
Oregon Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 10 days (after 8th day) or 13 days (after 5th day) (ORS 90.394)
- Week-to-week nonpayment
- 72 hours' notice
- For-cause notice
- Generally 30 days with cure (ORS 90.392)
- Historical note
- 72/144-hour notices replaced by HB 2001 (2023)
Summary
For nonpayment of rent under ORS 90.394, an Oregon landlord must serve written notice giving 10 days to pay (no sooner than the 8th day of the period) or 13 days (no sooner than the 5th day); week-to-week tenancies get 72 hours. For-cause terminations under ORS 90.392 generally require 30 days' notice with a chance to cure.
Termination of tenancy for cause; tenant right to cure violation. (1) Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.100 to 105.168, unless the tenant cures the violation as provided in this section. (2) Causes for termination under this section are: (a) Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 or a utility or service charge under ORS 90.315. (b) Material violation by the tenant of ORS 90.325. (c) Failure by the tenant to pay rent. (3) The notice must: (a) Specify the acts and omissions constituting the violation; (b) Except as provided in subsection (5)(a) of this section, state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and (c) If the tenant can cure the violation as provided in subsection (4) of this section, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation. (4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date.
Full Breakdown
ORS 90.394 requires a written nonpayment notice that states the rent owed and the deadline to cure. A landlord may give 'at least 10 days' written notice of nonpayment' no sooner than the eighth day of the period, or 'at least 13 days' notice' no sooner than the fifth day; for a week-to-week tenancy the notice is '72 hours.' These day-based periods replaced the former 72-hour and 144-hour notices when HB 2001 took effect in 2023. For other violations, ORS 90.392 generally requires a 30-day written notice specifying the cause and allowing the tenant to cure, with a shorter notice for serious or repeated conduct. Only after the notice expires uncured may the landlord file an eviction (FED) action.
Violations & Penalties
No specific statutory penalty for serving notice, but a defective or premature notice is grounds for dismissal of the eviction. Under ORS 90.255 and 90.360, a tenant who prevails may recover prevailing-party fees and damages for a wrongful or retaliatory termination.
Frequently Asked Questions
How long is an Oregon nonpayment-of-rent eviction notice?
Is Oregon's eviction notice still 72 hours?
What notice is required for a lease violation in Oregon?
Sources
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