ORS § 90 § 90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy.
Operative Text
The surrender of a dwelling unit may be implied from the landlord’s acceptance of a tenant’s abandonment or relinquishment of the right to occupy. The landlord’s acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy. A landlord’s receipt of the keys to the dwelling unit or a landlord’s reasonable efforts to mitigate the landlord’s damages by attempting to rent the dwelling unit to a new tenant shall not constitute acts inconsistent with the existence of the tenancy. Reasonable efforts to mitigate damages include preparing the unit for rental.
Oregon Revised Statutes § 90.148 addresses how a tenancy can be considered legally surrendered when a tenant abandons or gives up the right to occupy a dwelling unit. Under this provision, a landlord's behavior can signal acceptance of that abandonment — but only if those actions are clearly inconsistent with the tenancy still existing. Importantly, two common landlord actions — accepting returned keys and making reasonable efforts to re-rent the unit, including preparing it for a new tenant — are explicitly excluded from being treated as acceptance of surrender.
Plain English — not legal advice.
Under ORS § 90.148, landlords operating in Oregon can accept returned keys and actively work to re-rent a vacated unit without those actions being interpreted as a formal acceptance of the tenant's abandonment. Compliant operators typically document their mitigation efforts, such as cleaning, repairs, and marketing the unit to prospective tenants, to demonstrate that these steps are damage-mitigation measures rather than signals that the tenancy has ended by mutual agreement. Landlords generally take care to avoid other conduct — such as re-leasing the unit or making substantial alterations — that could be construed as acts inconsistent with the continued existence of the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.148 provides important protections for tenants in Oregon by limiting the circumstances under which a landlord's actions can be interpreted as accepting a surrender of the dwelling unit. If a tenant has vacated but disputes whether the tenancy has legally ended, this provision means that a landlord's receipt of keys or efforts to find a new renter do not automatically terminate the tenancy or waive any claims either party may have. Tenants who believe their tenancy status has been improperly characterized may wish to consult a tenant-rights organization or legal aid provider familiar with Oregon landlord-tenant law for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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