In Oregon, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Oregon?
In Oregon, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Oregon?
In Oregon, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 72 Hour Notice to Quit for unpaid rent is the eviction notice for tenants that do not pay rent in full and on time. A landlord can serve notice on the 5th calendar day of the rental period for week-to-week tenants and the 8th calendar day of the rental period for all other tenancies.
A 144 Hour Notice to Quit for nonpayment of rent is the eviction notice for all tenants that do not pay rent in full and on time, except tenants that pay rent from week-to-week. A landlord can serve notice on the 5th calendar day of the rental period.
Acceptable Forms of Service in Oregon
Oregon landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Delivery by first class mail
- Only if agreed in writing: Posting a
- t a conspicuous place on the tenant’s premises, PLUS delivery by first class mail, addressed to the tenant at the premises
- Only if agreed through a special written addendum to the rental agreement: Delivery by email, PLUS delivery by first class mail
Mailing a notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Electronic Notice in Oregon
Oregon does allow electronic delivery of notice in special cases. Electronic notice must be agreed in a written addendum to the rental agreement, which complies with the following requirements:
- Agreement executed AFTER the tenancy has begun and the tenant has moved in
- Specifies an email address where the landlord agrees to send and receive notifications
- Specifies an email address where the tenant agrees to send and receive notifications
- Allows either party to change their specified email address, or cancel electronic communications, with three days of advance notice
- Contains the following language:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
Obtaining Proof of Service in Oregon
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph and completing a Declaration of Service
- First Class Mail – mail receipt and completing a Declaration of Service
Oregon Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 72 Hour Notice To Quit | Eviction for Unpaid Rent
All Tenancies |
| 144 Hour Notice To Quit | Eviction for Unpaid Rent
All Tenants, Except Weekly |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation
All Tenants, Except Weekly |
| 7 Day Notice To Comply or Vacate | Eviction for Lease Violation
Week-to-Week Tenants |
| 10 Day Notice To Comply or Vacate | Eviction for Pet Violation
All Tenancies |
| 4 Day Notice To Vacate | Eviction for Repeat Violation
Week-to-Week Tenants |
| 10 Day Notice To Quit | Eviction for Repeat Violation
All Tenants, Except Weekly |
| 24 Hour Notice To Quit | Eviction for Illegal Activity
All Tenancies |
| 48 Hour Notice To Vacate | Eviction for Violation
Drug/Alcohol Free Housing |
| 24 Hour Notice To Vacate | Eviction for Repeat Violation
Drug/Alcohol Free Housing |
| 30 Day Notice To Quit | Eviction for Falsification of Rental Application
All Tenancies |
| 10 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Fixed Term Lease
Premises Deemed Unsafe by Gov’t Agency |
| 60 Day Notice To Vacate | Ending a Monthly / Fixed Term Lease
Rental Unit on Landlord’s Private Property |
| 90 Day Notice To Vacate | Ending a Monthly / Fixed Term Lease
Demolition / Renovation Landlord or Immediate Family to Occupy Unit Three or More Lease Violations in 12-months |
Sources
- 1 OR Rev Stat § 90.394
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The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided: When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due. For all tenancies other than week-to-week tenancies, by delivering to the tenant: At least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due. Source Link - 2 OR Rev Stat § 90.394
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For all tenancies other than week-to-week tenancies, by delivering to the tenant: At least 144 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due. Source Link - 3 Or. Rev. Stat. § 90.155(1)
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(1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: Source Link(a) Personal delivery to the landlord or tenant. (b) First class mail to the landlord or tenant. (c) If allowed under a written rental agreement , both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows: (A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and (B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours. (d) Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that: (A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form: THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
- 4 Or. Rev. Stat. § 90.155(2)
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If a notice is served by mail, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.
Source Link
