Oregon eviction laws

For monthly (and most other) tenancies the landlord may give either a 10-day notice (served on or after the 8th day of the rental period) or a 13-day notice (served on or after the 5th day). Week-to-week tenancies get a 72-hour notice served on or after the 5th day. The tenant can stop the eviction by paying the full rent stated before the deadline. A state 'rental assistance' notice must be delivered with the nonpayment notice.

• If the rental assistance notice required by ORS 90.395 was not delivered with the nonpayment notice or summons, the court must dismiss the case.
• The court must also dismiss if the tenant paid (or tendered) all rent owed before the hearing, or if the landlord caused the inability to pay.
• A nonpayment notice cannot demand late fees, utilities or other charges – rent only.
• Accepting partial rent after the notice can waive it unless handled as ORS 90.417 allows.

For a material lease or rule violation, the landlord gives a 30-day termination notice that tells the tenant how to fix the problem; if the tenant fixes it within 14 days, the tenancy does not end. If the same kind of violation happens again within 6 months after a cure, the landlord can give a 10-day notice with no right to cure.

• Unauthorized pet capable of causing damage: 10-day notice with the right to cure (ORS 90.405).
• After the first year, a fixed-term lease can also be ended for three written warnings of violations within 12 months (ORS 90.427(5)(b)) with 90 days' notice.
• Retaliation (for complaints to authorities or joining a tenant group) is a defense.

In the first year, a fixed-term lease can end on its end date if the landlord gives at least 30 days' notice. After the first year, a fixed-term lease automatically becomes month-to-month when it ends unless the landlord has a qualifying landlord reason (90 days' notice plus relocation payment unless exempt) or the tenant received three written violation warnings in the prior 12 months (90 days' notice).

• Relocation payment of one month's current periodic rent must be paid when the qualifying-reason notice is delivered, unless the landlord has an ownership interest in four or fewer residential units (the notice must then state the exemption).
• Some cities (notably Portland and Milwaukie) require larger relocation payments and longer notices.

During the first year of occupancy, a month-to-month tenancy can be ended without cause with 30 days' written notice (10 days for week-to-week). After the first year, the landlord may end it only for a qualifying landlord reason with 90 days' notice and one month's rent in relocation payment (unless the landlord owns 4 or fewer units).

• A landlord who terminates for a qualifying reason and does not follow through (or re-rents) can owe the tenant damages of three months' rent plus actual damages.
• Portland requires relocation assistance of $2,900-$4,500 (by unit size) for no-cause and qualifying-reason terminations, plus a 90-day notice. VERIFY current Portland amounts.

For serious conduct – violence or threats of serious harm, intentionally causing substantial damage, or an 'outrageous act' such as drug manufacturing or dealing, prostitution or gang activity on the premises – the landlord can give a 24-hour notice with no right to cure.

• The act must be serious and specific; courts read ORS 90.396 narrowly. When in doubt, the 30-day for-cause notice is safer.
• Victims of domestic violence cannot be evicted for violence committed against them (ORS 90.449).