An Oregon eviction notice form for nonpayment of rent is a written document that states a tenant has 72-144 hours to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Oregon.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 72/144-Hour | Yes |
Lease Violation | 7/30-Day | Yes |
Lease Termination | 10/30-Day | No |
Pet Capable of Causing Damage | 30-Day | Yes |
False Information | 24-Hour | No |
Illegal Activity | 24-Hour | No |
Types of Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
72/144-Hour Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Oregon law, rent is considered late if it isn’t paid by the 4th day of the rental period.
Once rent is past due, the amount of notice the landlord must provide depends on the type of tenancy and when the notice will be given.
- Week-to-Week– If rent is paid on a week-to-week basis, landlords must give tenants 72 hours’ written notice prior to filing an eviction action with the court.
- All Other Tenancies –For all other tenancies, if the notice will be given to tenants on the 8th day of the rental period, landlords must provide 72 hours’ notice. If the notice will be given on the 5th day of the rental period, tenants must receive 144 hours’ notice.
The Eviction Notice for Nonpayment of Rent should include:
- The total amount owed; and
- The date and time by which the past-due rent must be paid for the tenant to avoid eviction.
Get the downloadable 72/144-Hour Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
7/30-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Oregon if they do not uphold their responsibilities under the terms of a written lease or rental agreement. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week –If rent is paid on a week-to-week basis, tenants will only be provided with a 7-Day Notice to Comply, giving the tenant 4 days to correct the violation; otherwise, they will need to move out of the rental unit within 7 days to avoid eviction.
- All Other Tenancies –For all other tenancies, Oregon landlords must provide tenants with a 30-Day Notice to Comply, giving tenants 14 days to correct the violation; otherwise, the tenant will need to move out of the rental unit within 30 days to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Material health and safety violations may be included under this category. This type of violation could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
Note that illegal activity is not included in this category.
If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation(s);
- A statement that the violation(s) can be corrected by the tenant;
- At least one specific example of what the tenant can do to correct the issue;
- The deadline by which the tenant must correct the issue; and
- A statement that the lease will terminate at least 30 days after the notice delivery date if the issue is not corrected within the deadline.
Get the downloadable 7/30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
10/30-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Oregon, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, AND it’s the first year the tenant has lived in the rental unit, a landlord must provide the tenant with a 30-Day Notice to Quit.
After the first year for month-to-month tenants, landlords must have a reason to evict the tenant, such as nonpayment of rent, violating the lease, or being involved in illegal activity.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 10/30-Day Lease Termination Notice form template below (.pdf direct link).
10-Day Notice to Cure or Vacate (Violation of Keeping a Pet Capable of Causing Damage)
A tenant can be evicted in Oregon if they have a pet in the rental unit that could cause property damage or harm others on the rental property because of their size, their “nature,” or their behavioral characteristics.
A certain dog breed may be one of the first animals that comes to mind, but Oregon statute refers to a broad range of pets, including seemingly harmless pets like tropical fish, because of the possibility that an aquarium could cause water damage to the rental unit if the tank leaks.
In these instances, tenants must be given 10 days’ notice. If the tenant rehomes the pet during that time period, they will not be evicted.
If the tenant remains on the property after the notice period expires without correcting the violation, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation; and
- The fact that the lease will terminate within 10 days if the pet is not removed from the rental unit.
Get the downloadable 10-Day Eviction Notice for Keeping a Pet Capable of Causing Damage form template below (.pdf direct link).
24-Hour Notice to Quit (Providing False Information)
If the landlord finds out that a tenant provided false information on their rental application about a criminal conviction, the tenant may be evicted.
Landlords must give tenants 24 hours’ notice prior to filing an eviction action with the court.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The eviction notice should include:
- The specific lease violation; and
- The date and time the lease will terminate.
Get the downloadable 24-Hour Eviction Notice for Providing False Information form template below (.pdf direct link).
24-Hour Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 24 hours’ notice before the landlord can proceed with an eviction action.
In Oregon, illegal activity includes:
- Prostitution
- Illegal manufacture, delivery, or possession of a controlled substance
- Manufacture of a cannabinoid extract without a license
- Bias crimes
- Burglary
- Threat to inflict substantial injury or inflicting substantial injury on property or others
If the tenant’s pet has caused the property damage or injured other tenants or guests on the rental property, the tenant will not be evicted if the pet is rehomed within the notice period.
If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.
The eviction notice should include:
- The specific lease violation.
- The date and time the lease will terminate.
Get the downloadable 24-hour Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Oregon Eviction Notices
Under Oregon law, the information required on an eviction notice depends on the reason for the eviction, and will be addressed under each type of notice below. In addition, it’s also a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Oregon
In the state of Oregon, landlords can deliver an eviction notice through any of the following methods:
- Giving it to the tenant in person;
- Mailing the notice to the tenant via first class mail; or
- Posting the notice on the main entrance of the rental unit AND mailing a copy via first class mail (if the written rental agreement specifically allows for posting).
Note that using certified mail is not required under Oregon law.
Eviction Process in Oregon
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- Hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Oregon, click here.
Sources
- 1 OR Rev Stat §90.394 (2019)
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(1) a week-to-week tenancy… at least 72 hours’ written notice … no sooner than on the fifth day of the rental period… (2) For all tenancies other than week-to-week tenancies… (a) At least 72 hours’ written notice… no sooner than on the eighth day of the rental period… or (b) At least 144 hours’ written notice … no sooner than on the fifth day of the rental period…
- 2 OR Rev Stat §90.396 (2019)
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(1)(a) Personal delivery…(b)First class mail…(c)If a written rental agreement so provides, both first class mail and attachment to a designated location…as follows: (A)…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…
- 3 OR Rev Stat §90.260 (2019)
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(1)(a)The rent payment is not received by the fourth day of the…rental period…and (b) …a written rental agreement that specifies: (A) The tenant’s obligation to pay a late charge on delinquent rent payments; (B) The type and amount of the late charge…and (C) The date on which rent payments are due and the date or day on which late charges become due.
- 4 OR Rev Stat §90.394 (2019)
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(3) The notice described in this section must also 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 of rent.
- 5 OR Rev Stat §90.392 (2019)
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(3)(b)…state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and…(4)(a) If the violation…can be cured by the tenant…the rental agreement does not terminate if the tenant cures the violation …(A) At least 14 days after delivery of the notice…
- 6 OR Rev Stat §90.392 (2019)
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(6) When a tenancy is a week-to-week tenancy, the notice period in: (a) Subsection (3)(b) of this section changes from 30 days to seven days; (b) Subsection (4)(a)(A) of this section changes from 14 days to four days…
- 7 OR Rev Stat §90.392 (2019)
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(3)The notice must: (a)Specify the acts and omissions constituting the violation; (b)…state that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and (c)If the tenant can cure the violation…state that 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 the violation.
- 8 OR Rev Stat §90.427 (2019)
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(2) …a week-to-week tenancy…may terminate…by a written notice given to the other at least 10 days before the termination date specified in the notice. (3) …a month-to-month tenancy: (b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice…
- 9 OR Rev Stat §90.405 (2019)
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(1) If the tenant…keeps…a pet capable of causing damage to persons or property, the landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice unless the tenant removes the pet from the premises…
- 10 OR Rev Stat §90.396 (2019)
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(1) …at least 24 hours’ written notice… (e)(A) The tenant intentionally provided substantial false information on the application for the tenancy within the past year; (B) …with regard to a criminal conviction…that would have been material to the landlord’s acceptance of the application; and (C) The landlord terminates the rental agreement within 30 days after discovering the falsity of the information…
- 11 OR Rev Stat §90.396 (2019)
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(1)…specifying the acts and omissions constituting the cause and specifying the date and time of the termination…
- 12 OR Rev Stat §90.396 (2019)
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(1) …at least 24 hours’ written notice… (a) The tenant, someone in the tenant’s control or the tenant’s pet seriously threatens to inflict substantial personal injury, or inflicts any substantial personal injury, upon a person on the premises other than the tenant; (d) The tenant or someone in the tenant’s control intentionally inflicts any substantial damage to the premises…
- 13 OR Rev Stat §90.396 (2019)
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(1)(f) …Acts that are “outrageous in the extreme” include: (A) Prostitution, commercial sexual solicitation or promoting prostitution… (B) Unlawful manufacture, delivery or possession of a controlled substance… (C) Manufacture of a cannabinoid extract…unless the person…holds a license issued under ORS 475B.090 or is registered under ORS 475B.840; (D) A bias crime… (E) Burglary…
- 14 OR Rev Stat §90.396 (2019)
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(2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant’s pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period…