Oregon eviction notice and late fee rules

Notice for unpaid rent

10 days — For tenancies other than week-to-week, a nonpayment termination notice must give at least 10 days' written notice (served no sooner than the eighth day of the rental period) or at least 13 days' written notice (served no sooner than the fifth day), counting the first day rent is due.

Ending a month-to-month tenancy

During the first year of occupancy, a landlord may end a month-to-month tenancy with written notice of not less than 30 days.

Late-fee limit

A late charge may not exceed one of: a reasonable flat amount charged once per period; a reasonable per-day amount from the fifth day, not exceeding six percent of the flat amount per day; or five percent of the periodic rent for each five-day period of delinquency from the fifth day, all within that rental period only.

Grace period before a late fee

A late charge may be imposed only if rent is not received by the fourth day of the weekly or monthly rental period and there is a written rental agreement that specifies certain terms.

What we could not verify for Oregon: Recorded from ORS ch. 90 and 105 (oregonlegislature.gov). Rent-increase cap and relocation-payment details under ORS 90.323/90.427(6) not recorded (out of scope).

Notice for unpaid rent

For tenancies other than week-to-week, a nonpayment termination notice must give at least 10 days' written notice (served no sooner than the eighth day of the rental period) or at least 13 days' written notice (served no sooner than the fifth day), counting the first day rent is due.

“(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.”
Or. Rev. Stat. § 90.394(2)

For a week-to-week tenancy, the nonpayment notice must give at least 72 hours' written notice, served no sooner than the fifth day of the rental period, counting the first day rent is due.

“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.”
Or. Rev. Stat. § 90.394(1)

Paying to stop an eviction

The nonpayment notice must state the amount of rent to be paid and the date and time by which the tenant must pay to cure the nonpayment.

“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.”
Or. Rev. Stat. § 90.394(3)

If the violation can be cured by a change in conduct, repairs, payment of money, or otherwise, the agreement does not terminate if the tenant cures by the designated date, which generally must be at least 14 days after delivery of the notice.

“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. The designated date must be: (A) At least 14 days after delivery of the notice; or”
Or. Rev. Stat. § 90.392(4)(a)

Notice for other lease violations

A for-cause termination notice for a material violation must state that the agreement will terminate on a date not less than 30 days after delivery, except as provided in subsection (5)(a).

“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”
Or. Rev. Stat. § 90.392(3)(b)

Ending a month-to-month or other periodic tenancy

During the first year of occupancy, a landlord may end a month-to-month tenancy with written notice of not less than 30 days.

“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.”
Or. Rev. Stat. § 90.427(3)(b)

A week-to-week tenancy may be ended by either party with written notice at least 10 days before the termination date.

“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.”
Or. Rev. Stat. § 90.427(2)

Just cause and good cause

After the first year of occupancy, except as provided in subsection (8), a landlord may end a month-to-month tenancy only for a tenant cause with the specified notice, or for a qualifying landlord reason with notice under subsections (5) and (6).

“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 (6)(c), 90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445; or (B) For a qualifying landlord reason for termination and with notice in writing as described in subsections (5) and (6) of this section.”
Or. Rev. Stat. § 90.427(3)(c)

Qualifying landlord reasons (demolition or conversion, certain repairs or renovations, landlord or immediate family occupancy, or sale to a buyer who will occupy) require written notice of not less than 90 days.

“The landlord may terminate a month-to-month tenancy at any time or a fixed term tenancy on or after the expiration of the fixed term by giving the tenant notice in writing: (a) Not less than 90 days prior to the date designated as the termination date in the notice if:”
Or. Rev. Stat. § 90.427(5)(a)

Lockouts and utility shutoffs

If a landlord unlawfully removes or excludes the tenant, or willfully diminishes essential services such as heat, running water, hot water, or electricity (or seriously attempts or threatens to), the tenant may seek an injunction to recover possession or terminate the agreement and recover up to two months' periodic rent or twice actual damages, whichever is greater.

“If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater.”
Or. Rev. Stat. § 90.375

Retaliation

Except as provided in § 90.385, a landlord may not retaliate by raising rent, decreasing services, serving a termination notice, or bringing or threatening a possession action after protected tenant activity listed in the statute.

“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:”
Or. Rev. Stat. § 90.385(1)

What the notice must say and how it is delivered

Written notices may be served by personal delivery, first class mail, or (if the written rental agreement allows it) first class mail plus attachment to a designated location, with other methods and exceptions in the statute.

“(a) Personal delivery to the landlord or tenant. (b) First class mail to the landlord or tenant. (c) If allowed under a written rental agreement, both first class mail and attachment to a designated location.”
Or. Rev. Stat. § 90.155(1)

If a notice is served by first class mail alone, the minimum compliance or termination period is extended by three days, and the notice must include the extension.

“If a notice is served by mail under subsection (1)(b) of this section, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.”
Or. Rev. Stat. § 90.155(2)

Court deadlines and the eviction case

The clerk sets the first appearance seven days after the judicial day following payment of filing fees, or 15 days after that day for nonpayment claims under ORS 90.392 or 90.394 as defined in ORS 90.395.

“The clerk shall calculate the first appearance, which shall be: (A) Seven days after the judicial day next following payment of the filing fees; or (B) If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees.”
Or. Rev. Stat. § 105.135(2)(a)

Late fees and grace periods

A late charge may be imposed only if rent is not received by the fourth day of the weekly or monthly rental period and there is a written rental agreement that specifies certain terms.

“A landlord may impose a late charge or fee, however designated, only if: (a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and (b) There exists a written rental agreement that specifies:”
Or. Rev. Stat. § 90.260(1)

A late charge may not exceed one of: a reasonable flat amount charged once per period; a reasonable per-day amount from the fifth day, not exceeding six percent of the flat amount per day; or five percent of the periodic rent for each five-day period of delinquency from the fifth day, all within that rental period only.

“(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market; (b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or”
Or. Rev. Stat. § 90.260(2)

One permitted late-charge option is five percent of the periodic rent, charged once for each succeeding five-day period of delinquency beginning on the fifth day, accumulating until that rent is paid, through that rental period only.

“Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.”
Or. Rev. Stat. § 90.260(2)(c)

Nonpayment of a late charge alone is not grounds for a nonpayment-of-rent termination under § 90.394, though it is grounds for a for-cause termination under § 90.392 or 90.630(1).

“Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1).”
Or. Rev. Stat. § 90.260(6)

A landlord may not deduct a previously imposed late charge from a current or later rent payment so as to make that payment delinquent.

“A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394.”
Or. Rev. Stat. § 90.260(4)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Oregon rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Oregon have to give for unpaid rent?

For tenancies other than week-to-week, a nonpayment termination notice must give at least 10 days' written notice (served no sooner than the eighth day of the rental period) or at least 13 days' written notice (served no sooner than the fifth day), counting the first day rent is due. (Or. Rev. Stat. § 90.394(2)).

How much notice is needed to end a month-to-month tenancy in Oregon?

During the first year of occupancy, a landlord may end a month-to-month tenancy with written notice of not less than 30 days. (Or. Rev. Stat. § 90.427(3)(b)).

Is there a limit on rent late fees in Oregon?

A late charge may not exceed one of: a reasonable flat amount charged once per period; a reasonable per-day amount from the fifth day, not exceeding six percent of the flat amount per day; or five percent of the periodic rent for each five-day period of delinquency from the fifth day, all within that rental period only. (Or. Rev. Stat. § 90.260(2)).