An Oregon eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Oregon landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
| Notice Form | Grounds | Curable? |
| 72 Hour Notice To Quit | Unpaid Rent |
All Tenants, Except Weekly
All Tenants, Except Weekly
All Tenants, Except Weekly
Drug/Alcohol Free Housing
Drug/Alcohol Free Housing
Gov’t Agency Deems Premises Unsafe
An Oregon 72 Hour Notice To Quit eviction evicts a tenant for nonpayment of rent. For this form of notice, rent is considered late on or after the 5th calendar day of a given rental period in week-to-week tenancies and on or after the 8th calendar day for other types of tenancy.
The tenant must pay the past due balance, or else move out within 72 hours. [1]
When counting calendar days of a rental period to determine correct date of service, include the first day rent is due.
An Oregon 144 Hour Notice To Quit evicts a tenant for nonpayment of rent. This form of notice cannot be used for week-to-week tenancies . For purposes of this notice, rent is considered late on or after the 5th calendar day of a given rental period.
The tenant must pay the past due balance, or else move out within 144 hours. [2]
When counting calendar days of a rental period to determine correct date of service, include the first day rent is due.
An Oregon 7 Day Notice To Comply or Vacate applies to week-to-week tenancies and demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action within four (4) calendar days, or else move out within seven (7) calendar days.
An Oregon 30 Day Notice To Comply or Vacate applies to all tenancies other than week-to-week and demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action within fourteen (14) calendar days, or else move out within thirty (30) calendar days.
An Oregon 10 Day Notice To Comply or Vacate evicts tenants who have a pet capable of injury or damage to other persons or the rental property. The tenant must remove the pet from the premises, or else move out within ten (10) calendar days.
An Oregon 4 Day Notice To Vacate evicts a week-to-week tenant for repeating a lease violation within a six (6) month period. The tenant is not given an opportunity to take corrective action, and must move out within four (4) calendar days.
An Oregon 10 Day Notice To Quit evicts tenants other than week-to-week tenants, for repeating a lease violation within a six (6) month period. The tenant is not given an opportunity to take corrective action, and must move out within ten (10) calendar days.
An Oregon 24 Hour Notice To Quit evicts tenants who commit illegal activity on the premises, such as possessing controlled substances or committing burglary. This notice also applies to situations where the tenant, a guest, or pet threatens or inflicts substantial injury or damage to the premises or to other persons. The tenant is not given an opportunity to take corrective action, and must move out within twenty-four (24) hours.
An Oregon 48 Hour Notice To Comply or Vacate evicts tenants for a first time violation of an alcohol and controlled substance distribution policy, when they have resided in alcohol- and drug-free housing for less than two (2) years. The tenants must take corrective action within twenty-four (24) hours, or else move out within forty-eight (48) hours.
An Oregon 24 Hour Notice To Vacate evicts tenants for repeated violations of alcohol and controlled substance distribution, when they have resided in alcohol- and drug-free housing for less than two (2) years. The tenant is not given an opportunity to take corrective action, and must move out within twenty-four (24) hours.
This notice may also be used to evict a tenant for a first-time violation of an alcohol and drug distribution policy, if the tenant has resided in in alcohol- and drug-free housing for more than two (2) years.
An Oregon 30 Day Notice To Quit evicts a tenant for falsifying a record of criminal conviction within the past year on a rental application, in a way that materially affects the landlord’s acceptance of the application. The tenant is not given an opportunity to take corrective action, and must move out within thirty (30) calendar days.
An Oregon 30-Day Notice To Vacate terminates a rental agreement, including a month-to-month lease in accordance with state law. Tenants may use this notice to terminate a month-to-month or fixed-term lease, and this notice may also terminate an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination. [6]
During the first year of tenancy, landlords may use this notice to terminate a month-to-month or fixed-term lease. Afterward, landlords must have cause or a qualifying reason to terminate. There are certain cases involving sale which allow termination with 30 days of notice, but most terminations that are not evictions require more notice from the landlord.
To help ensure the legal compliance of an eviction notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
Unlike most jurisdictions, in Oregon the last day of a notice period is not extended if it falls on a weekend or legal holiday. In addition, a notice for a number of hours (rather than days) takes place immediately upon personal delivery, or at 11:59pm on the date of service if it’s posted or mailed. [3]
Oregon landlords may deliver an eviction notice using any of these methods: [4]
Mailing a notice extends the notice period by three (3) calendar days, to account for variable delivery times. [5]
Oregon does allow electronic delivery of notice in special cases. Electronic notice must be agreed in a written addendum to the rental agreement, which complies with the following requirements: [4]
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
1 OR Rev Stat § 90.394 The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided: 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. For all tenancies other than week-to-week tenancies, 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 eighth day of the rental period, including the first day the rent is due. Source Link 2 OR Rev Stat § 90.394 For all tenancies other than week-to-week tenancies, by delivering to the tenant: At least 144 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. Source Link 3 OR Rev Stat § 90.160
Notwithstanding ORCP 10 and not including the seven-day and four-day waiting periods provided in ORS 90.394 (Termination of tenancy for failure to pay rent) , where there are references in this chapter to periods and notices based on a number of days, those days shall be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m. Where there are references in this chapter to periods or notices based on a number of hours, those hours shall be calculated in consecutive clock hours, beginning immediately upon service.
Notwithstanding subsection (1) of this section, for 72-hour or 144-hour nonpayment notices under ORS 90.394 (Termination of tenancy for failure to pay rent) that are served pursuant to ORS 90.155 (Service or delivery of written notice) (1)(c), the time period described in subsection (1) of this section begins at 11:59 p.m. the day the notice is both mailed and attached to the premises. The time period shall end 72 hours or 144 hours, as the case may be, after the time started to run at 11:59 p.m. [Formerly 90.402; 1997 c.577 §7; 2005 c.391 §14; 2013 c.294 §4; 2015 c.388 §1]
Source Link 4 Or. Rev. Stat. § 90.155(1) (1) Except as provided in ORS 90.300 , 90.315 , 90.425 and 90.675 , where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:
(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. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:
(A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and (B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours. (d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
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.
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 (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.
(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 (6)(c), 90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445.
(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.
(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
For a month-to-month tenancy:
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.
For a fixed term tenancy:
(A) During the term of the tenancy, only for cause and with notice as described 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) 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.
