An Oregon month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Oregon (i.e., 1-year), click here.
How do Oregon Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Oregon landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Oregon, a tenant may terminate a month-to-month lease agreement (without cause) by giving at least 30 days’ notice and a landlord may terminate a month-to-month lease agreement (without cause) during the first year of occupancy with a 30 days’ notice. OR Rev Stat § 90.427 (3)(a)(b)
After the first year of occupancy of a month-to-month lease, the landlord must have legal cause to terminate the tenancy. The following legal causes include:
- 30 Days’ Notice – Sale of property ORS 86.782
- 24 Hours’ Notice– The dwelling unit is in violation of building or housing codes ORS 90.380
- 30 Days’ Notice– Material violation ORS 90.392
- 72 Hours’ Notice – Failure to pay rent on the eighth day after rent is due ORS 90.394
- 144 Hours’ Notice – Failure to pay rent on the fifth day after rent is due ORS 90.394
- 24 Hours’ Notice– Substantial damage, endangerment of a person, etc. ORS 90.396
- 24 Hours’ Notice – Drug or alcohol violations ORS 90.398
- 10 Days’ Notice– Unpermitted pets ORS 90.405
- 24 Hours’ Notice – Group home recovery termination ORS 90.440
- 24 Hours’ Notice– Criminal act of physical violence ORS 90.445
- 90 Days’ Notice – Demolition of dwelling unit or converting the dwelling unit to a use other than residential use.
- 72 Hours’ Notice – Landlord does not provide an exit from each bedroom in the unit. ORS 90.460
It is important to note that other cities such as Portland or Milwaukie may require a 90 Days’ Notice for month-to-month lease terminations.
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
In Oregon, rent may only be increased after the first year of tenancy. The landlord must serve the tenant with a 90 days’ notice for month-to-month tenancies.
According to legislation passed in 2019, an Oregon landlord may not increase rent above 7% plus the consumer price index (CPI) annually (ORS 90-385). This legislation does not cover rental property when the landlord owns two or fewer units on the same property and lives in one of the units.
Notice must also be provided in written form.
Are There Notice Delivery Requirements?
In Oregon there are notice delivery requirements. Notice shall be delivered in person or by first class mail.
How are Month-to-Month Tenants Evicted in Oregon?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Oregon. The process for eviction can be completed in 2-8 weeks, but can take longer depending on the circumstances.
For more information on the eviction process in Oregon, click here.