ORS § 90 § 90.403
Taking possession of premises from unauthorized possessor.
Operative Text
(1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 to 105.168 if: (a) The tenant has vacated the premises; (b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and (c) The landlord has not knowingly accepted rent from the person in possession of the premises. (2) Service of notice under this section does not create a right of tenancy for the person in possession of the premises.
ORS § 90.403 addresses situations where someone who has no legal right to occupy a rental unit—such as an unauthorized subtenant or occupant—remains on the premises after the original tenant has left. Under this provision, a landlord may pursue legal possession of the unit through the process outlined in ORS 105.100 to 105.168, but only after giving the unauthorized person at least 24 hours' written notice that specifies the reason and the deadline to vacate. Three conditions must all be met: the original tenant must have already vacated, the rental agreement must have prohibited subleasing or unauthorized occupancy without written landlord approval, and the landlord must not have knowingly accepted rent from the unauthorized occupant. Importantly, serving this notice does not grant the unauthorized person any tenancy rights.
Plain English — not legal advice.
Under ORS § 90.403, compliant operators generally ensure their rental agreements contain clear, written prohibitions on subleasing or allowing others to occupy the unit without the landlord's written consent. When an unauthorized occupant is discovered after the original tenant has vacated, landlords typically document that they have not knowingly accepted any rent from that person, then issue a written notice of at least 24 hours that specifies the cause and the exact date and time by which the occupant must leave. If the occupant does not vacate, the formal possession process under ORS 105.100 to 105.168 is the avenue through which landlords may reclaim the unit, and serving the ORS § 90.403 notice does not itself create a tenancy for the occupant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.403 is relevant to people who are occupying a rental unit without a direct rental agreement with the landlord—for example, someone who moved in after the original tenant left, without the landlord's written approval. The provision makes clear that receiving a 24-hour written notice under this section does not create any tenancy rights for the person in possession, meaning the notice itself does not establish a landlord-tenant relationship. Someone in this situation may want to review the original rental agreement's terms, gather any communications with the landlord, and consult a local tenant-rights organization or legal aid office to understand what options, if any, may be available under Oregon law.
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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