Oregon Revised Statutes Chapter 90 § 90.394 — Termination of tenancy for failure to pay rent

Termination of tenancy for failure to pay rent. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows: (1) 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. (2) For all tenancies other than week-to-week tenancies, by delivering to the tenant: (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. (3) 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. (4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless: (a) The notice is served on the tenant: (A) By personal delivery as provided in ORS 90.155 (1)(a); (B) By first class mail and attachment as provided in ORS 90.155 (1)(c); or (C) By first class mail and electronic mail as provided in ORS 90.155 (5); (b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and (c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8; 2020 s.s.3 c.3 §§10,19; 2023 c.13 §58; 2023 c.296 §5]