ORS § 90 § 90.395
Required delivery of notice of rental assistance and support services before termination for nonpayment.
Operative Text
(1) As used in this section: (a) “Nonpayment” means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630. (b) “Nonpayment” does not include payments owed by a tenant for damages to the premises. (2) A landlord shall deliver a copy of the notice posted on the website of the Judicial Department under ORS 105.136 along with: (a) Any notice of termination for nonpayment; and (b) Any summons for a complaint seeking possession based on nonpayment given by the landlord or service processor, including a summons delivered under ORS 105.135 (3)(b). (3) A court shall enter a judgment dismissing a complaint for possession that is based on a termination notice for nonpayment if the court determines that: (a) The landlord failed to deliver the notice as required under subsection (2) of this section; (b) The landlord caused the tenant to not tender rent, including as a result of the landlord’s failure to reasonably participate with a rental assistance program; or (c) The tenant has tendered or caused to be tendered rental assistance or any other payment covering the nonpayment amount owed under the termination notice for nonpayment. (4) Notwithstanding ORS 105.137 (4), if a claim for possession is dismissed under subsection (3)(c) of this section and the payment was tendered after the action was commenced, the tenant is not entitled to prevailing party fees, costs or attorney fees. (5) Notwithstanding ORS 90.302, a landlord may charge a tenant for filing fees paid under ORS 105.130, if the complaint for possession is dismissed under subsection (3)(c) of this section. Payment of the fees is not a prerequisite for dismissal under subsection (3)(c) of this section.
ORS § 90.395 requires landlords to attach a specific notice—posted by Oregon's Judicial Department—to any termination notice or eviction summons based on nonpayment of rent or other charges. Courts are directed to dismiss a possession complaint if the landlord skipped this notice requirement, if the landlord's own conduct (such as failing to cooperate with a rental assistance program) prevented the tenant from paying, or if the tenant has since tendered the owed amount through rental assistance or other payment. The statute also addresses fee-shifting: when a case is dismissed because payment was made after the lawsuit began, the tenant is not entitled to prevailing-party fees, though the landlord may recover court filing fees from the tenant.
Plain English — not legal advice.
Under ORS § 90.395, compliant operators attach the Oregon Judicial Department's rental-assistance notice to every nonpayment termination notice and every eviction summons before delivery—without exception. Operators also generally document their participation in any applicable rental assistance programs, since a court can dismiss a possession complaint if the landlord is found to have unreasonably failed to cooperate with such a program. Keeping clear records of notice delivery and assistance-program communications helps demonstrate compliance if a dismissal challenge arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.395 gives tenants a meaningful procedural protection: if a landlord did not attach the required Judicial Department notice to a termination or summons, a court must dismiss the eviction complaint. Tenants who have secured rental assistance or made payment covering the amount owed may also raise that fact as a basis for dismissal, even if payment came after the eviction case was filed. Tenants facing nonpayment evictions may wish to contact a local tenant-rights organization or legal aid office to understand how these protections apply and what documentation to gather.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.