ORS § 90 § 90.417
Duty to pay rent; effect of acceptance of partial rent.
Operative Text
(1) A tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely. (2) A landlord may accept a partial payment of rent. The acceptance of a partial payment of rent in a manner consistent with subsection (4) of this section does not constitute a waiver under ORS 90.412 (2)(b) of the landlord’s right to terminate the tenancy under ORS 90.394 for nonpayment of the balance of the rent owed. (3) A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Installment rent payments described in this subsection are not partial payment of rent for purposes of this section. (4) The acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent unless: (a)(A) The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice under ORS 90.394 based on the tenant’s agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed; (B) The landlord’s notice of termination is served no earlier than it would have been permitted under ORS 90.394 had no rent been accepted; and (C) The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within the time period allowed under ORS 90.394 or by any date to which the parties agreed, whichever is later; or (b) The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice under ORS 90.394 and entered into a written agreement with the tenant that the acceptance does not constitute waiver. The agreement may provide that the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168 without serving a new notice under ORS 90.394 if the tenant fails to pay the balance of the rent by a time certain. (5) Application of a tenant’s security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent. (6) Notwithstanding any acceptance of a partial payment of rent under subsection (4) of this section, the tenant continues to owe the landlord the unpaid balance of the rent.
ORS § 90.417 establishes that tenants are obligated to offer the full rent amount on time, and landlords are permitted—but not required—to accept less than the full amount. When a landlord does accept a partial payment, the law sets specific conditions under which the landlord can still pursue termination of the tenancy for nonpayment of the remaining balance, such as obtaining the tenant's written agreement to pay the rest by a set date or entering a written waiver agreement after a termination notice has already been issued. Installment payment schedules agreed to in writing are treated differently and are not considered partial payments under this section. Regardless of any partial payment accepted, the tenant remains legally responsible for the unpaid balance.
Plain English — not legal advice.
Under ORS § 90.417, operators who choose to accept less than the full rent owed should be aware that doing so can waive the right to terminate for nonpayment unless specific procedural steps are followed. Compliant operators who accept partial rent before issuing a termination notice typically document the tenant's agreement to pay the balance by a specific date, ensure any subsequent notice is timed as if no rent had been accepted, and confirm the notice gives the tenant an opportunity to cure. When partial rent is accepted after a termination notice has already been served, operators generally enter into a written agreement with the tenant explicitly stating that acceptance does not constitute a waiver, as outlined in ORS § 90.417(4)(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.417 establishes that a tenant's core obligation is to tender the full rent amount on time, but it also defines important protections when a landlord accepts a partial payment. If a landlord accepts partial rent without following the specific written-agreement and notice procedures described in ORS § 90.417(4), that acceptance may waive the landlord's right to terminate the tenancy for nonpayment of the remaining balance. Tenants who believe a landlord has improperly pursued termination after accepting partial rent may consider raising this provision as a defense in eviction proceedings, consulting a local tenant-rights organization, or seeking guidance from Oregon's legal aid resources.
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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