Oregon Revised Statutes Chapter 90 § 90.427 — Termination of tenancy without tenant cause; effect of termination notice

Termination of tenancy without tenant cause; effect of termination notice. (1) As used in this section: (a) “First year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less. (b) “Immediate family” means: (A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310, or as defined or described in similar law in another jurisdiction; (B) An unmarried parent of a joint child; (C) A child, grandchild, foster child, ward or guardian; or (D) A child, grandchild, foster child, ward or guardian of any person listed in subparagraph (A) or (B) of this paragraph. (2) 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. (3) 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. (5) 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: (A) The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time; (B) The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and: (i) The premises is unsafe or unfit for occupancy; or (ii) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations; (C) The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or (D) 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 has provided written evidence of the offer with the notice. (b) Not less than 60 days prior to the date designated as the termination date in the notice if: (A) The landlord has accepted, and has provided written evidence of, an offer as provided in paragraph (a)(D) of this subsection; and (B) At the time of giving the notice, the landlord pays the tenant an amount equal to one month’s periodic rent in addition to an amount, if any, to be paid under subsection (6)(a)(B) of this section. (6)(a) A landlord that terminates a tenancy under subsection (5) of this section shall: (A) Specify in the termination notice the reason for the termination and supporting facts;