ORS § 90 § 90.398
Termination of tenancy for drug or alcohol violations.
Operative Text
(1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause and take possession as provided in ORS 105.100 to 105.168. The notice must specify the acts constituting the drug or alcohol violation and state that the rental agreement will terminate in not less than 48 hours after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice. (2) If the tenant cures the violation within the 24-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement terminates as provided in the notice. (3) If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours’ written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.
Oregon Revised Statutes § 90.398 governs termination of tenancy in drug- and alcohol-free housing for residents who have lived there fewer than two years. Under this provision, a landlord may issue a written notice ending the tenancy within 48 hours if a tenant uses, possesses, or shares alcohol, marijuana, illegal drugs, controlled substances, or unprescribed prescription drugs. The tenant has a 24-hour window to cure the violation through a change in conduct; if cured in time, the tenancy continues. If the same or substantially similar violation recurs within six months of a prior noticed violation, the landlord may terminate with at least 24 hours' notice and the tenant has no right to cure.
Plain English — not legal advice.
Property owners operating drug- and alcohol-free housing under ORS § 90.398 generally maintain written policies that clearly define prohibited substances and ensure all residents are informed of those terms at move-in. When a qualifying violation occurs involving a tenant with less than two years of residency, compliant operators deliver a written notice that specifies the acts constituting the violation, states the termination date and time (no less than 48 hours after delivery), and informs the tenant of the 24-hour cure opportunity. For a recurrence of substantially the same violation within six months of a prior noticed offense, operators typically issue a 24-hour written termination notice without a cure period, following the procedures for taking possession outlined in ORS 105.100 to 105.168.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.398 provides tenants in drug- and alcohol-free housing with specific procedural protections before a tenancy can be terminated for a substance-related violation. Upon receiving a termination notice, a tenant generally has 24 hours to cure the violation through a change in conduct or other means, which stops the termination if completed within that window. If a tenant believes a notice was improperly issued—for example, if the required specifics were omitted or the cure right was not stated—that may be raised as a defense in an eviction proceeding; tenant-rights organizations in Oregon can help residents understand what options may be available to them.
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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