ORS § 90 § 90.394
Termination of tenancy for failure to pay rent.
Operative Text
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.
Oregon Revised Statutes § 90.394 establishes the process by which a landlord may begin terminating a rental agreement when a tenant has not paid rent. For week-to-week tenancies, the landlord must provide at least 72 hours' written notice, but no earlier than the fifth day of the rental period. For all other tenancy types, the landlord must provide either at least 10 days' notice (starting no earlier than the eighth day of the rental period) or at least 13 days' notice (starting no earlier than the fifth day). In all cases, the written notice must specify the exact amount owed and the deadline by which payment must be made to avoid termination.
Plain English — not legal advice.
Under ORS § 90.394, compliant operators carefully track which type of tenancy they are managing before issuing any nonpayment notice, since the required notice period and earliest permissible delivery date differ between week-to-week and other tenancy types. A properly prepared notice includes the specific dollar amount owed and a clear date and time by which the tenant must pay to cure the nonpayment. Landlords also ensure that the notice delivery method and any payment location requirements align with the statute's rules, since those factors determine whether a mailed payment by the tenant is considered timely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.394 gives tenants a defined window of time to pay overdue rent and avoid termination of their rental agreement after receiving a written nonpayment notice. Tenants who receive such a notice should review it carefully to confirm it states the correct amount owed and a specific payment deadline, and that it was delivered no earlier than the dates the statute permits. Tenants who believe a notice does not comply with § 90.394's requirements — such as an incorrect amount, premature delivery, or missing information — may be able to raise that noncompliance as a defense in an eviction proceeding, and tenant-rights organizations in Oregon can help explain available 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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