Nonpayment Notices Are Now Ten Days

House Bill 2001, effective March 29, 2023, replaced Oregon's old 72 hour and 144 hour nonpayment notices with much longer periods, and this is the single change landlords most often miss.

Under ORS 90.394, a landlord in a non week to week tenancy has two options. A 10 day written notice of nonpayment and intention to terminate may be delivered no sooner than the eighth day of the rental period. Alternatively, a 13 day notice may be delivered no sooner than the fifth day of the rental period. The notice must identify the amount of rent that must be paid and the date and time by which the tenant must pay to cure.

The definition of nonpayment expanded too. It now covers rent, late charges, utility or service charges, and other charges or fees described in the rental agreement. It specifically does not include amounts owed for damage to the premises, so damage charges cannot support a nonpayment termination.

HB 2001 also created a mandatory informational notice that must accompany any nonpayment based termination notice, and again when the summons is served. Failure to include it is grounds for the court to dismiss the eviction complaint. That form is the most common technical defect in Oregon eviction filings, and it is entirely avoidable.

The Cure Right Runs to the Courthouse Steps

Oregon lets a tenant pay past due rent at any point during an eviction case for nonpayment and have the case dismissed, up to and including the day before trial.

Landlords accustomed to jurisdictions where the cure right expires with the notice period should plan around this. Money spent on filing and preparation can evaporate when a tenant produces the arrears the afternoon before the hearing. If the objective is payment, that is a fine outcome and the filing fees are generally recoverable. If the objective is ending the tenancy, nonpayment is a poor vehicle in Oregon, and a for cause or qualifying no cause termination is the better route.

Just Cause After the First Year

Senate Bill 608 in 2019 fundamentally changed how tenancies end in Oregon, and ORS 90.427 now sets a two tier structure.

During the first year of occupancy, a landlord may terminate a month to month tenancy without stating a cause on not less than 30 days' written notice.

After the first year, no cause termination requires one of four qualifying landlord reasons, 90 days' written notice, and payment to the tenant of one month's periodic rent as relocation assistance. The qualifying reasons are demolition or conversion to non residential use, necessary repairs where the premises is unsafe or will become unsafe during the work, occupancy by the landlord or an immediate family member as a primary residence where no comparable unit is available in the same building, and a sale to a buyer who intends to occupy the unit.

Landlords with an ownership interest in four or fewer residential units are exempt from the relocation assistance payment, though not from the notice requirements.

The practical effect is that in Oregon, the first anniversary of a tenancy is a meaningful date. A landlord who wants a unit back without cause has a narrower and more expensive path after it passes.

For cause terminations under ORS 90.392 generally require 30 days' notice with a 14 day opportunity to cure the violation, which is longer than most states allow.

Rent Increases Are Capped Statewide

Oregon caps annual rent increases statewide, which is unusual and worth knowing even though it is not an eviction rule, because rent increase errors create defenses.

Under ORS 90.323, rent cannot be increased during the first year of a tenancy, cannot be increased more than once in any 12 month period, and requires 90 days' written notice for most tenancies and seven days for week to week. The maximum allowable percentage is set by formula in ORS 90.324, and the Oregon Department of Administrative Services publishes the figure each September for the following calendar year, so landlords should check the current number rather than relying on a remembered percentage.

Two exemptions matter. Units whose first certificate of occupancy issued less than 15 years before the notice date are not subject to the percentage cap. Certified affordable housing units have their own carve out.

The penalty for an unlawful increase is three months' rent plus actual damages, which makes this an expensive thing to get wrong and a natural counterclaim in an eviction case.

Filing and the Court Process

Oregon eviction actions are called forcible entry and detainer, or FED, proceedings and are filed in circuit court in the county where the property sits. The initial appearance is scheduled quickly, typically within about a week of filing.

At first appearance, a tenant who contests the case gets a trial date, and a tenant who does not appear generally faces a default judgment for possession. Contested cases proceed to trial on a compressed schedule.

The landlord's file carries the case. Bring the rental agreement, a ledger that reconciles to the amount stated in the notice, the notice with proof of service and the required attached form, and the maintenance history for the unit. Habitability is a live defense in Oregon and the repair log is what answers it.

After judgment for possession, the court issues a notice of restitution and ultimately a writ, executed by the sheriff. Self help removal is not available at any point, and Oregon law provides remedies to tenants for unlawful ouster and utility shutoffs.

Security Deposits and the Downstream Balance

Oregon requires a landlord to return the deposit or provide a written accounting of deductions within 31 days after the tenancy ends and the tenant delivers possession. Missing that window exposes the landlord to liability and undermines any claim for damages beyond the deposit.

That accounting matters well past the deposit itself, because it is the document supporting whatever balance survives. An itemized statement delivered on time, backed by dated move in and move out documentation, is what makes a post tenancy balance provable. Without it, the balance is difficult to collect regardless of who works it.

Where Oregon Cases Fall Apart

The failure modes cluster tightly, and every one of them is procedural.

Serving a 72 hour notice, which no longer exists. Delivering a 10 day notice before the eighth day of the rental period, or a 13 day notice before the fifth. Omitting the mandatory attached informational notice, either with the termination notice or with the summons. Including damage charges in a nonpayment notice. Serving a 30 day no cause notice on a tenancy past its first year. Failing to pay relocation assistance where required. And stating an arrearage figure the ledger does not support.

None of these are close calls, and all of them are checklist items. Our guidance on writing an eviction notice that holds up in court applies with extra force in a state where the form itself is prescribed.

Landlords operating across state lines should expect these rules to look nothing like their other markets. Florida can complete an uncontested nonpayment case in about three weeks, as covered in our Florida guide, while Maine runs its own sequence with a long tenant cure right similar to Oregon's. The comparison in eviction notice requirements by state is worth keeping handy.

After Possession, the Money Remains

A judgment for possession returns the unit and collects nothing. Unpaid rent, damage beyond normal wear, and recoverable costs remain owing on their own timeline, and a tenant who could not pay rent rarely satisfies a money judgment voluntarily.

Whether that balance is ever recovered depends on the documentation assembled during the tenancy and at move out, a forwarding address, and a decision made before the account goes cold. Advanced Collection Bureau works residential and apartment placements nationwide on contingency with no upfront cost, and can be reached at 321-633-4999 or through its residential services page. This is general information rather than legal advice, and Oregon landlords with a contested case should consult an Oregon attorney, since this area of law has changed repeatedly in recent years.