An Oregon 90 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a month-to-month or fixed-term lease for certain qualifying reasons. The tenant must receive notice at least ninety (90) calendar days before the date of termination.
When To Use an Oregon 90 Day Notice To Vacate
An Oregon 90 Day Notice To Vacate applies to the following rental situations:
- Terminating a month-to-month or fixed-term lease
- Evicting a tenant concurrent with notice of a third (3rd) lease violation within the preceding 12-month period
- Terminating a tenancy of over (1) year on the last day of its term (or on the last day of the relevant period, for a month-to-month lease), for one of the following qualifying reasons:
- Demolition work
- Converting the premises for non-residential use
- Repairs or renovations which make the premises not suitable to occupy
- Intended occupancy by the landlord or landlord’s immediate family
- Accepted offer to purchase the premises, with written evidence offered
When terminating a lease for a qualifying reason, the landlord must pay the tenant an amount equal to one (1) month of rent for relocation. Landlords must provide compensation to tenants for a lease termination with a qualifying reason, unless they have an ownership interest in four (4) or fewer residential dwelling units.
Some types of Oregon lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Oregon 90 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Oregon 90 Day Notice To Vacate
Oregon landlords and tenants may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Delivery by first class mail
- Only if agreed in writing: Posting at a conspicuous place on the premises (for the tenant) or a designated location available at all hours (for the landlord), PLUS delivery by first class mail
- Only if agreed through a special written addendum to the rental agreement: Delivery by email, PLUS delivery by first class mail
Mailed notice must be addressed to the tenant, at the premises (in the tenant’s case), or to the address specified by the landlord in the rental agreement (in the landlord’s case). 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.
Sources
- 1 OR Rev Stat § 90.427
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The landlord may terminate a month-to-month tenancy under subsection (3)(c)(B) of this section at any time, or may terminate a fixed term tenancy upon the expiration of the fixed term under subsection (4)(c) of this section, by giving the tenant notice in writing not less than 90 days prior to the date designated in the notice for the termination of the month-to-month tenancy or the specified ending date for the fixed term, whichever is later, if:
(b) The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and:
(A) The premises is unsafe or unfit for occupancy; or
(B) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations;
(c) The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or
(d) The landlord has:
(A) Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and
(B) Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.
(6)(a) A landlord that terminates a tenancy under subsection (5) of this section shall:
(A) Specify in the termination notice the reason for the termination and supporting facts;
(B) State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and
(C) At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.
(b) The requirements of paragraph (a)(C) of this subsection do not apply to a landlord who has an ownership interest in four or fewer residential dwelling units subject to this chapter.
(7) A fixed term tenancy does not become a month-to-month tenancy upon the expiration of the fixed term if the landlord gives the tenant notice in writing not less than 90 days prior to the specified ending date for the fixed term or 90 days prior to the date designated in the notice for the termination of the tenancy, whichever is later.
Source Link - 2 OR Rev Stat § 90.427
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The tenant has committed three or more violations of the rental agreement within the preceding 12-month period and the landlord has given the tenant a written warning notice at the time of each violation;
(A) Specifies the violation;
(B) States that the landlord may choose to terminate the tenancy at the end of the fixed term if there are three violations within a 12-month period preceding the end of the fixed term; and
(C) States that correcting the third or subsequent violation is not a defense to termination under this subsection; and
(c) The 90-day notice of termination:
(A) States that the rental agreement will terminate upon the specified ending date for the fixed term or upon a designated date not less than 90 days after delivery of the notice, whichever is later;
(B) Specifies the reason for the termination and supporting facts; and
(C) Is delivered to the tenant concurrent with or after the third or subsequent written warning notice.
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 under subsection (1)(b) of this section, 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.
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