Oregon Notice Requirements to Terminate a Month-to-Month Tenancy

Oregon has statewide rent control and tenant protection laws that govern how both landlords and tenants may terminate month-to-month tenancies. (Or. Rev. Stat. Ann. §§ 90.323, 90.427, 90.600 (2019).)

Notice Requirements for Oregon Landlords

In Oregon, the procedure for terminating a month-to-month tenancy depends on how long the tenant has resided in the rental and whether or not the landlord has cause to terminate.

Without Cause

Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate. (Ore. Rev. Stat. § 90.427(3)(b).)

After the first year, landlords must have cause as described by Oregon law (such as the tenant's violation of a lease term or the landlord's desire to demolish the building). (Ore. Rev. Stat. § 90.427(3)(c).)

Additional notice time might be required for tenancies in Portland.

With Cause

If an Oregon landlord wishes to terminate the tenancy before the end of a term of the rental agreement or after the first year of occupancy, the landlord must have legal cause. Legal cause is defined by Oregon law. The most common legal cause for eviction is the tenant's failure to pay rent. However, under Oregon law, the landlord can also evict the tenant for violating the lease or rental agreement or committing an illegal act on the premises of the rental unit (among other things). The type of notice depends on the reason for the termination.

• Failure to pay rent.

• 72 Hours' Notice to Pay Rent: On the eighth day after rent is due and owing, the landlord can give the tenant 72 hours' written notice to pay rent. This notice must inform the tenant that the landlord will terminate the tenancy unless the tenant pays rent within the 72-hour period. (Ore. Rev. Stat. § 90.394(2)(a).) 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. (Ore. Rev. Stat. § 90.394(3).) If the tenant does not pay rent, then the landlord can go to court and file an eviction lawsuit against the tenant.
• 144 Hours' Notice to Pay Rent: On the fifth day after rent is due and owing, the landlord can instead give the tenant 144 hours' written notice to pay rent. This notice must inform the tenant that the landlord will terminate the tenancy unless the tenant pays rent within 144 hours of receiving the notice. (Ore. Rev. Stat. § 90.394(2)(b).) 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. (Ore. Rev. Stat. § 90.394(3).) If the tenant doesn't pay, then the landlord can go to court and file an eviction lawsuit against the tenant.

• Other lease violations. If the tenant violates the rental agreement, then the landlord can give the tenant a 30-day notice to cure. This notice must: specify the violations, state that the tenancy will terminate in no less than 30 days, and, if the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure. (Ore. Rev. Stat. § 90.392(3).) The designated date for the cure must be at least 14 days after delivery of the notice. If the tenant doesn't cure, then the rental agreement will terminate as provided in the notice. (Ore. Rev. Stat. § 90.392(4).) If the violation is one that's substantially the same as a previous violation the landlord has sent a notice to the tenant about within the previous six months, the tenant does not have the right to cure. The landlord may give 10 days' written notice (but the second notice can't give a termination date that's earlier than the one stated in the first notice). (Ore. Rev. Stat. § 90.392(5).) If the tenant does not fix the violation (or doesn't have the right to cure because it's a second violation) then the landlord can go to court and file an eviction lawsuit against the tenant.
• Unconditional Quit Notice. In certain situations, the landlord can give the tenant a 24-hour unconditional quit notice. Using this notice, the landlord will inform the tenant that because of the tenant's behavior, the landlord will be terminating the tenancy in 24 hours and filing an eviction lawsuit against the tenant. The tenant will have no opportunity to correct the bad behavior. Oregon's Revised Statutes section 90.396 lists specific behaviors and situations under which a landlord can serve an unconditional quit notice.

Notice Requirements for Oregon Tenants

Oregon tenants who want to get out of a month-to-month rental agreement must provide at least 30 days' written notice. One exception is if the landlord doesn't provide an exit from each bedroom in the unit, the tenant can give the landlord a 72-hour notice. If the landlord fixes the problem in the 72 hours, the tenancy won't end. However, if the landlord doesn't provide an exit, the tenant can move out and recover two times any damages or two times the rent, whichever is greater. (Ore. Rev. Stat. § 90.460.)

In some situations, you might be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

Oregon State Law and Resources on Terminating a Month-to-Month Tenancy

See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.