How to Break a Lease in Oregon Legally (2026)

Notice depends on the termination ground. ORS 90.453 (victim of domestic violence, sexual assault, bias crime, or stalking) requires 14 days written notice. ORS 90.475 (military) and ORS 90.472 (Governor-activated state service) require written notice plus proof of orders. A month-to-month tenant ending a periodic tenancy gives 30 days under ORS 91.070; a week-to-week tenant gives 10 days. Notice served by mail extends the minimum compliance period by 3 days under ORS 90.155.

ORS 90.155 permits personal delivery, first-class mail, or first-class mail plus attachment to the premises if the rental agreement provides for it. Mail-alone service extends the minimum compliance period by 3 days, and the notice must state that extension. Electronic mail is valid only under a written addendum signed after the tenancy begins.

Yes. HB 2001 (2023) replaced the older 72-hour and 144-hour nonpayment pay-or-quit notices for non-week-to-week tenancies. Landlords now serve either a 10-day written notice no earlier than the 8th day of the rental period, or a 13-day written notice no earlier than the 5th day. Week-to-week tenancies still receive 72 hours written notice no earlier than the 5th day. Older guidance citing 72-hour or 144-hour notices for monthly tenancies is out of date.

Only during the first 12 months of occupancy. SB 608 (2019), codified at ORS 90.427, allows landlord 30-day no-cause termination only during the first year. After 12 months, landlord-side termination is barred outside an enumerated qualifying-reason list (demolition or conversion, major repairs, owner-occupancy, sale to owner-occupant). Qualifying-reason terminations require 90 days written notice plus one month's rent in relocation assistance, with an exemption for landlords owning four or fewer units.

SB 611 (2023) tightened the statewide rent-increase cap at ORS 90.323 to the lesser of 10 percent or 7 percent plus the annual September CPI-W West Region. The Oregon Department of Administrative Services publishes the maximum each year by September 30. The cap applies to units 15 years or older, and landlords may not increase rent more than once in any 12-month period for non-week-to-week tenancies.

ORS 90.300(12) requires the landlord to provide a written accounting and return any unclaimed deposit within 31 days after the tenancy terminates and the tenant delivers possession. If the landlord fails to comply with the 31-day accounting requirement or wrongfully withholds the deposit, the tenant may recover the amount withheld. Withholding in bad faith exposes the landlord to twice the amount withheld. Breaking the lease early does not by itself forfeit the deposit.

Yes. ORS 90.365 permits termination on 48 hours written notice when the landlord fails to supply an essential service (heat, plumbing, hot or cold running water, gas, electricity, exterior locks, working refrigerator or cooking appliance) and the failure poses an imminent and serious threat to tenant health, safety, or property. For non-essential breaches, ORS 90.360 requires written notice specifying the breach with reasonable time to cure before termination.

Yes. ORS 90.410(3) codifies the duty. If the tenant abandons, the landlord shall make reasonable efforts to rent the unit at a fair rental. If the landlord fails to do so or accepts the abandonment as a surrender, the rental agreement is deemed terminated as of the date the landlord knows or should know of the abandonment, capping tenant liability. Mitigation operates separately from the ORS 90.302 lease-break fee, which is its own either-or election.

Yes. ORS 90.427 lets most Oregon landlords give 30 days no-cause notice during the first 12 months, but Portland and Milwaukie require 90 days no-cause notice even during the first year. Portland also layers municipal relocation-assistance obligations on landlords under Portland City Code 30.01.085.