Oregon Notice to Vacate: 2026 Landlord Rules & Just Cause
Reviewed by DocDraft Legal Team · Oregon · Last updated 2026-05-31
Oregon residential termination notices are governed by ORS Chapter 90, and the required notice period depends on the reason for ending the tenancy. For nonpayment of rent, ORS 90.394 requires 72 hours' written notice for a week-to-week tenancy and either 10 days' or 13 days' written notice for all other tenancies, with the notice stating the rent owed and the date and time to pay to cure. Oregon is a statewide just-cause state under SB 608 (ORS 90.427): during the first year a landlord may terminate a month-to-month tenancy without cause on 30 days' notice, but after the first year termination without tenant cause is limited to a qualifying landlord reason on 90 days' notice plus one month's rent in relocation assistance. If the tenant does not vacate, the landlord files a Forcible Entry and Detainer action in the county Circuit Court under ORS 105.105 to 105.168.
How do I serve a notice to vacate in Oregon?
ORS 90.155 sets the methods for delivering a termination notice. A landlord may personally deliver the notice to the tenant, or send it by first class mail addressed to the tenant. If notice is served by mail, the minimum notice period is extended by three days under ORS 90.155(2). A landlord may also use attach-and-mail service, attaching one copy in a secure manner to the main entrance of the tenant's portion of the premises and mailing a first class copy, but only when the written rental agreement provides for that method and provides for reciprocal service. The statute authorizes first class mail; certified mail is not separately required.
How many days notice does Oregon require for nonpayment of rent?
Under ORS 90.394, a landlord terminating for nonpayment of rent must give a week-to-week tenant at least 72 hours' written notice, delivered no sooner than the fifth day of the rental period. For all other tenancies the landlord must give either at least 10 days' written notice, delivered no sooner than the eighth day of the rental period, or at least 13 days' written notice, delivered no sooner than the fifth day of the rental period. The notice must specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment.
Can an Oregon landlord end a tenancy without cause at lease end?
It depends on how long the tenant has lived there. Oregon is a statewide just-cause state under SB 608 (ORS 90.427). During the first year of occupancy a landlord may terminate a month-to-month tenancy without stating a cause by giving at least 30 days' written notice before the termination date. After the first year of occupancy, termination without tenant cause is restricted to a qualifying landlord reason under ORS 90.427(5), such as sale to a buyer who will occupy the unit, landlord or family move-in, demolition, or major repairs or renovations. A qualifying-reason termination requires at least 90 days' written notice and payment of one month's periodic rent in relocation assistance, unless the landlord owns four or fewer residential dwelling units.
What happens after the notice period if the tenant does not vacate?
After the notice period expires and the tenant remains, the landlord files a Forcible Entry and Detainer (residential eviction) action in the Circuit Court for the county where the property is located, under ORS 105.105 to 105.168. The statutory FED filing fee is $88 under ORS 105.130(2)(a). The summons sets a first appearance, commonly 7 to 15 days after the complaint is filed. The first appearance is not a trial; if the parties still disagree, the court schedules a trial later. If the landlord prevails, the court enters a judgment of restitution and issues a notice of restitution restoring possession.
Oregon notice-to-vacate framework at a glance
Oregon's residential termination-notice rules are codified in ORS Chapter 90 (Residential Landlord and Tenant Act), and the post-notice court action is the Forcible Entry and Detainer (FED) proceeding in ORS Chapter 105. The required notice period turns on the reason for termination: 72 hours for week-to-week nonpayment and 10 or 13 days for other tenancies under ORS 90.394; a 30-day for-cause notice with at least 14 days to cure for curable violations under ORS 90.392; and a 24-hour notice for serious conduct under ORS 90.396. SB 608 (2019), codified at ORS 90.427, made Oregon a statewide just-cause state: after the first year of occupancy a landlord may terminate a tenancy without tenant cause only for a qualifying landlord reason on 90 days' notice plus one month's rent in relocation assistance, subject to an exemption for landlords who own four or fewer residential dwelling units. SB 608 also caps most annual rent increases under ORS 90.323 and 90.324, with the maximum percentage published yearly by the Oregon Department of Administrative Services. The Oregon Judicial Department publishes statewide Residential Eviction (FED) complaint forms and FED Instructions for Landlords at courts.oregon.gov; the pre-suit termination notice itself is not a court-published form, though it must still meet the content requirements in ORS Chapter 90.
Landlord Resources
Oregon Judicial Department - Residential Eviction (FED) Forms
Official state judicial branch packet with the Residential Eviction (FED) complaint forms and FED Instructions for Landlords used once an eviction action is filed in Circuit Court.
Oregon Revised Statutes Chapter 90 (Residential Landlord and Tenant)
Official legislature portal hosting the Residential Landlord and Tenant Act, including the termination-notice and service sections that govern Oregon notices to vacate.
City of Portland - Rental Services and Landlord-Tenant Policy
Portland Housing Bureau helpdesk covering local landlord-tenant policy changes, including the city's Mandatory Renter Relocation Assistance ordinance that layers on top of state law.
Relevant Laws
ORS 90.394 (Termination of Tenancy for Failure to Pay Rent)
Sets the 72-hour nonpayment notice for week-to-week tenancies and the 10-day or 13-day notice for all other tenancies, with the required statement of rent owed and the date and time to pay to cure.
ORS 90.427 (Termination Without Tenant Cause; Qualifying Landlord Reasons)
Oregon's statewide just-cause statute under SB 608: 30 days' no-cause notice in the first year, and after the first year a qualifying landlord reason on 90 days' notice plus one month's rent in relocation assistance, with a four-or-fewer-unit exemption.
ORS 90.392 (Termination of Tenancy for Cause)
Requires a for-cause notice stating the acts or omissions, a termination date not less than 30 days after delivery, and at least 14 days to cure curable violations, with no cure right for a repeat violation within six months.
ORS 90.396 (Acts or Omissions Justifying 24-Hour Notice)
Allows termination on at least 24 hours' written notice for serious conduct, including threats or infliction of substantial personal injury, reckless endangerment, and intentional infliction of substantial damage to the premises.
ORS 90.155 (Service or Delivery of Written Notice)
Authorizes personal delivery and first class mail, with three days added when notice is served by mail, and attach-and-mail service where the written rental agreement provides for reciprocal service.
ORS 90.385 (Retaliatory Conduct by Landlord Prohibited)
Bars a landlord from serving a termination notice or bringing an action for possession in retaliation for a tenant's protected complaint or action, and gives the tenant a defense in a retaliatory possession action.
ORS 105.130 (Forcible Entry and Detainer Filing Fee)
Sets the $88 statutory filing fee for a residential eviction (FED) action to which ORS Chapter 90 applies, and the $88 fee for a defendant who demands a trial.
Regional Variances
Oregon termination rules by reason and jurisdiction
Statewide just-cause (SB 608 / ORS 90.427)
Oregon applies its just-cause restriction statewide after the first year of occupancy, so unlike states with a patchwork of local just-cause ordinances, the baseline rule is uniform across the state. During the first year a landlord may terminate a month-to-month tenancy without cause on 30 days' notice; after the first year, termination without tenant cause is limited to a qualifying landlord reason on 90 days' notice plus one month's rent in relocation assistance, with an exemption for landlords who own four or fewer residential dwelling units.
City of Portland (Mandatory Renter Relocation Assistance)
Portland layers a Mandatory Renter Relocation Assistance ordinance (Portland City Code 30.01.085) on top of the state minimum. The ordinance can require tiered relocation payments for no-cause and qualifying-landlord-reason terminations and for certain rent increases. The specific amounts are set by the city and should be confirmed directly with the City of Portland before a landlord serves notice on a Portland property.
Statewide rent stabilization (ORS 90.323 / 90.324)
SB 608 also caps most annual rent increases under a formula tied to inflation, and prohibits any rent increase during the first year of a tenancy. The maximum allowable percentage is recalculated and published each year by the Oregon Department of Administrative Services. Because a no-cause termination cannot be used to evade the rent cap after the first year, the cap and the just-cause rules work together and should both be checked for the current year before raising rent or ending a tenancy.
Suggested Compliance Checklist
Confirm the reason for termination and the just-cause status
Pre-notice days after startingIdentify whether you are terminating for nonpayment (ORS 90.394), for cause (ORS 90.392 or 90.396), or without tenant cause (ORS 90.427). Determine how long the tenant has occupied the unit: after the first year, no-cause termination is limited to a qualifying landlord reason under ORS 90.427(5) on 90 days' notice plus relocation assistance, unless you own four or fewer residential dwelling units.
Confirm the correct notice period for the reason
Pre-notice days after startingMap the reason to its period. Nonpayment: 72 hours for week-to-week, or 10 days (no sooner than the eighth day) or 13 days (no sooner than the fifth day) for other tenancies under ORS 90.394. For cause: 30 days with at least 14 days to cure under ORS 90.392, or 24 hours for serious conduct under ORS 90.396. No tenant cause after the first year: 90 days under ORS 90.427. If you will serve by mail, add three days under ORS 90.155(2).
Draft a written notice that meets the ORS Chapter 90 content requirements
Pre-notice days after startingNotice must be written (oral notice does not satisfy ORS Chapter 90). A nonpayment notice must state the amount of rent that must be paid and the date and time to pay to cure (ORS 90.394). A for-cause notice must specify the acts or omissions, set a termination date not less than 30 days after delivery, and state the cure right where the violation is curable (ORS 90.392). A qualifying-reason notice must state the reason under ORS 90.427(5), set a date not less than 90 days after delivery, and accompany the notice with one month's rent relocation assistance unless you own four or fewer units.
Serve the notice using a method authorized by ORS 90.155
Service days after startingDeliver the notice personally to the tenant, or by first class mail addressed to the tenant. If you serve by mail, the minimum notice period is extended by three days under ORS 90.155(2). Attach-and-mail service is allowed only when the written rental agreement provides for it and provides for reciprocal service; in that case attach one copy securely to the main entrance and mail a first class copy.
Wait the full notice period before filing
Notice period days after startingDo not file the FED action before the applicable notice period expires, including any three-day mailing extension under ORS 90.155(2). For nonpayment, the tenant may pay the stated amount by the stated date and time to cure under ORS 90.394; for a curable for-cause violation, the tenant has at least 14 days to cure under ORS 90.392. Filing before the period runs can defeat the action and force re-service.
File the Forcible Entry and Detainer (FED) complaint in Circuit Court
Post-notice days after startingIf the tenant has not vacated or cured, file the residential eviction (FED) complaint in the Circuit Court for the county where the property is located, under ORS 105.105 to 105.168. The statutory FED filing fee is $88 under ORS 105.130(2)(a). The Oregon Judicial Department publishes the Residential Eviction complaint forms and FED Instructions for Landlords used at this stage.
Appear at the first appearance set by the summons
Hearing days after startingThe summons sets a first appearance, commonly 7 to 15 days after the complaint is filed. The first appearance is not a trial; if the parties still disagree, the court schedules a trial later. Bring the rental agreement, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting the termination reason and the absence of retaliation under ORS 90.385.
Obtain the judgment and notice of restitution
Post-judgment days after startingIf you prevail, the court enters a judgment of restitution and issues a notice of restitution restoring possession of the unit. Follow the court's instructions for execution, and keep the judgment and service records with the file.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the reason for termination and the just-cause status | Identify whether you are terminating for nonpayment (ORS 90.394), for cause (ORS 90.392 or 90.396), or without tenant cause (ORS 90.427). Determine how long the tenant has occupied the unit: after the first year, no-cause termination is limited to a qualifying landlord reason under ORS 90.427(5) on 90 days' notice plus relocation assistance, unless you own four or fewer residential dwelling units. | - | Pre-notice |
| Confirm the correct notice period for the reason | Map the reason to its period. Nonpayment: 72 hours for week-to-week, or 10 days (no sooner than the eighth day) or 13 days (no sooner than the fifth day) for other tenancies under ORS 90.394. For cause: 30 days with at least 14 days to cure under ORS 90.392, or 24 hours for serious conduct under ORS 90.396. No tenant cause after the first year: 90 days under ORS 90.427. If you will serve by mail, add three days under ORS 90.155(2). | - | Pre-notice |
| Draft a written notice that meets the ORS Chapter 90 content requirements | Notice must be written (oral notice does not satisfy ORS Chapter 90). A nonpayment notice must state the amount of rent that must be paid and the date and time to pay to cure (ORS 90.394). A for-cause notice must specify the acts or omissions, set a termination date not less than 30 days after delivery, and state the cure right where the violation is curable (ORS 90.392). A qualifying-reason notice must state the reason under ORS 90.427(5), set a date not less than 90 days after delivery, and accompany the notice with one month's rent relocation assistance unless you own four or fewer units. | notice-to-vacate | Pre-notice |
| Serve the notice using a method authorized by ORS 90.155 | Deliver the notice personally to the tenant, or by first class mail addressed to the tenant. If you serve by mail, the minimum notice period is extended by three days under ORS 90.155(2). Attach-and-mail service is allowed only when the written rental agreement provides for it and provides for reciprocal service; in that case attach one copy securely to the main entrance and mail a first class copy. | - | Service |
| Wait the full notice period before filing | Do not file the FED action before the applicable notice period expires, including any three-day mailing extension under ORS 90.155(2). For nonpayment, the tenant may pay the stated amount by the stated date and time to cure under ORS 90.394; for a curable for-cause violation, the tenant has at least 14 days to cure under ORS 90.392. Filing before the period runs can defeat the action and force re-service. | - | Notice period |
| File the Forcible Entry and Detainer (FED) complaint in Circuit Court | If the tenant has not vacated or cured, file the residential eviction (FED) complaint in the Circuit Court for the county where the property is located, under ORS 105.105 to 105.168. The statutory FED filing fee is $88 under ORS 105.130(2)(a). The Oregon Judicial Department publishes the Residential Eviction complaint forms and FED Instructions for Landlords used at this stage. | - | Post-notice |
| Appear at the first appearance set by the summons | The summons sets a first appearance, commonly 7 to 15 days after the complaint is filed. The first appearance is not a trial; if the parties still disagree, the court schedules a trial later. Bring the rental agreement, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting the termination reason and the absence of retaliation under ORS 90.385. | - | Hearing |
| Obtain the judgment and notice of restitution | If you prevail, the court enters a judgment of restitution and issues a notice of restitution restoring possession of the unit. Follow the court's instructions for execution, and keep the judgment and service records with the file. | - | Post-judgment |
Frequently Asked Questions
After the first year of occupancy, ORS 90.427(5) limits a no-cause termination to a qualifying landlord reason. Those reasons include that the landlord has accepted an offer to purchase the unit, separately from the surrounding property, from a buyer who in good faith intends to occupy it as a primary residence; that the landlord or a member of the landlord's immediate family intends to occupy the unit as a primary residence and the landlord has no comparable unit available in the same building; that the landlord intends to demolish the unit or convert it to a non-residential use within a reasonable time; or that the landlord intends to repair or renovate the unit within a reasonable time and the premises is or will be unsafe or unfit for occupancy during the work. Each qualifying-reason termination requires at least 90 days' written notice and payment of one month's periodic rent in relocation assistance under ORS 90.427(6), unless the landlord owns four or fewer residential dwelling units.
ORS 90.394 governs termination for nonpayment of rent. For a week-to-week tenancy, the landlord must give at least 72 hours' written notice, delivered no sooner than the fifth day of the rental period. For all other tenancies, the landlord may use either at least 10 days' written notice, delivered no sooner than the eighth day of the rental period, or at least 13 days' written notice, delivered no sooner than the fifth day of the rental period. The notice must specify the amount of rent that must be paid and the date and time by which the tenant must pay to cure the nonpayment.
For a curable for-cause violation under ORS 90.392, the termination notice must state the acts or omissions constituting the cause, set a termination date not less than 30 days after delivery, and state that the tenant can avoid termination by correcting the violation, with at least 14 days after delivery to cure. If the violation is substantially the same act or omission as a prior violation for which the landlord gave notice within the previous six months, ORS 90.392(5)(a) provides that the tenant does not have a right to cure the later violation, though the landlord may not terminate on that basis if the only violation is failure to pay the current month's rent. Serious conduct described in ORS 90.396, such as threatening or inflicting substantial personal injury or intentionally inflicting substantial damage to the premises, may be terminated on at least 24 hours' written notice specifying the acts and omissions.
Yes. The federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) provides lease-termination and eviction protections for servicemembers, and Oregon law (ORS 90.475) provides an early-termination right for a tenant who is called to active state or federal service or receives qualifying change-of-station or deployment orders. A landlord who learns a tenant may be entitled to these protections should verify the orders before continuing with a notice to vacate or an eviction on that tenancy. Confirm the controlling subsections of the current statutes for the specific situation, since these protections turn on the tenant's service status and orders.
Oregon's notice requirements are statutory, and the eviction action depends on a valid notice. ORS Chapter 90 requires written notice (oral notice does not satisfy the statute), the correct notice period for the reason for termination, and the content specified for that notice type. For example, a nonpayment notice under ORS 90.394 must state the amount of rent owed and the date and time to pay to cure, and a for-cause notice under ORS 90.392 must specify the acts or omissions and a termination date not less than 30 days after delivery. A notice served by mail extends the minimum period by three days under ORS 90.155(2). A notice that uses the wrong period, omits required content, or is delivered by a method the statute or rental agreement does not authorize can undermine the FED action and force the landlord to re-serve a corrected notice.
No. ORS 90.385(1) prohibits a landlord from retaliating by increasing rent, decreasing services, serving a notice to terminate the tenancy, or bringing or threatening an action for possession after a tenant has complained to a government agency about a code or housing-discrimination violation, made a good faith complaint to the landlord related to the tenancy, organized or joined a tenants' union, testified against the landlord in a proceeding, or otherwise asserted or protected tenant rights under law. Under ORS 90.385(3), a tenant has the remedies in ORS 90.375 and a defense in any retaliatory action for possession.
After the first year of occupancy, yes. When a landlord delivers a notice to terminate for a qualifying landlord reason under ORS 90.427(5), ORS 90.427(6) requires the landlord to pay the tenant an amount equal to one month's periodic rent at the time the notice is delivered. This relocation-assistance requirement does not apply to a landlord who has an ownership interest in four or fewer residential dwelling units. The City of Portland separately imposes a Mandatory Renter Relocation Assistance ordinance (Portland City Code 30.01.085) that can require additional, tiered relocation payments; confirm the current city amounts directly with the City of Portland before relying on them.
Attorney review is available as an option. Oregon's notice and eviction rules vary by the reason for termination and by how long the tenant has occupied the unit, and local overlays such as the Portland relocation-assistance ordinance can change what a landlord must pay. A landlord who wants a notice checked against ORS 90.394, 90.392, 90.396, or 90.427 before serving it, or who faces a contested first appearance, has the option to have an attorney review the notice and the FED filing.
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