ORS § 90 § 90.410
Effect of tenant failure to give notice of absence; absence; abandonment.
Operative Text
(1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary. (3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
ORS § 90.410 addresses three related situations involving tenant absence or departure. First, if a rental agreement requires advance notice of an extended absence longer than seven days and the tenant deliberately skips that notice, the landlord may seek actual damages. Second, during any absence exceeding seven days, the landlord is permitted to enter the unit at reasonably necessary times. Third, if a tenant abandons the unit entirely, the landlord must make reasonable efforts to re-rent it at a fair price; how and when the rental agreement ends depends on whether the landlord re-rents the unit, accepts the abandonment, or fails to make those reasonable re-renting efforts.
Plain English — not legal advice.
Under ORS § 90.410, compliant operators typically review their rental agreements to confirm whether an extended-absence notice requirement is included, and they document any tenant communication—or lack thereof—about absences longer than seven days. When a unit appears abandoned, operators generally make and record reasonable efforts to re-rent at a fair market rate, since failing to do so can affect when the prior rental agreement is deemed terminated and may limit recoverable damages. Keeping dated records of entry during a tenant's absence, re-listing activity, and any communications about the unit's status supports a clear paper trail under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.410 gives tenants useful context about their obligations and rights around extended absences and abandonment. If your rental agreement includes an extended-absence notice clause, understanding that willful failure to provide that notice can expose you to a claim for actual damages is important background. Tenants who believe a landlord has improperly entered during an absence, failed to make reasonable re-renting efforts after an alleged abandonment, or incorrectly characterized a departure as abandonment may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Oregon landlord-tenant law for guidance on 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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