Oregon 10-Day Eviction Notice Overview
Oregon is one of the most important 10-day notice states in the country, but its system is uniquely complex. Under ORS 90.394, the 10-day notice applies specifically to first-time non-payment of rentduring a lease term. This contrasts with most states that use a single fixed notice period for all non-payment events. Oregon's graduated system gives tenants a longer cure period on the first offense and a shorter window for repeat non-payment.
Oregon's Residential Landlord and Tenant Act (ORS Chapter 90) underwent significant reforms in recent years, including Senate Bill 608 (2019) which introduced statewide rent control and just-cause eviction requirements, and House Bill 4401 (2020) which created emergency COVID-era protections. As of the current law, the 10-day notice framework under ORS 90.394 requires precise compliance with content, service, and timing rules that Oregon courts enforce rigorously.
10 Days
First non-payment
$88
FED filing fee
144 hrs
Repeat offense
5-9 wks
Total process
Oregon's Complex Notice Framework
Oregon uses different notice periods for different eviction grounds. Understanding which notice to use is essential because Oregon courts will dismiss cases where the wrong notice type is served.
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-payment (first offense) | 10 days (with cure) | ORS §90.394(1) |
| Non-payment (repeat within 12 mo.) | 144 hours (no cure) | ORS §90.394(2) |
| Lease violation (first offense) | 14 days (with cure) | ORS §90.392 |
| Repeat violation within 6 months | 14 days (no cure) | ORS §90.392(5) |
| No-cause (month-to-month, first year) | 30 days | ORS §90.427(3) |
| No-cause (after first year) | 90 days | ORS §90.427(5) |
Oregon's First-Offense Tracking
Oregon landlords must carefully track whether a non-payment event is the first or a repeat within 12 months. Using the 144-hour notice when it should be a 10-day notice (or vice versa) is grounds for dismissal. Keep written records of all notices served, including dates and proof of service, to establish the timeline in court.
Requirements Under ORS 90.394
Oregon's 10-day non-payment notice must include specific content mandated by statute. Courts scrutinize these notices closely, and missing elements can invalidate the entire proceeding.
Required Notice Elements
- Amount Owed: Itemize all rent due, including the months owed and any legally chargeable late fees. Oregon limits late fees to a reasonable amount specified in the lease
- Cure Right Statement: Clearly state that the tenant has 10 days to pay the full amount to cure the default and continue the tenancy
- Payment Instructions: Include where and how the tenant can make payment (address, office hours, accepted payment methods)
- Consequence Statement: State that failure to pay within 10 days will result in termination of the rental agreement and filing of an FED action
- Repeat Warning: Inform the tenant that a second non-payment within 12 months will result in a 144-hour notice with no right to cure
How to Serve a 10-Day Notice in Oregon
Oregon's service rules under ORS 90.155 are strict. The method of service directly affects the effective date of the notice and how the 10-day period is calculated.
Personal Service (10-day period)
Hand the notice directly to the tenant. The 10-day period starts the day after personal delivery. This is the fastest and most defensible method
First-Class Mail (13-day period)
Mail the notice via first-class mail. Oregon adds 3 days for mailing, making the effective notice period 13 days total from the mailing date
Post and Mail (13-day period)
Attach the notice to the main entrance door and mail a copy via first-class mail the same day. The 3-day mail addition applies, totaling 13 days
Retain Detailed Service Records
Keep the original notice, mailing receipt, photographs of posted notices, and a signed witness statement. Oregon courts require proof of service when filing the FED complaint
Oregon Eviction Timeline
Oregon's eviction process for non-payment follows the timeline established by ORS Chapter 105 (FED proceedings) and ORS Chapter 90 (notice requirements). Here is a typical progression:
Days 1-10 (or 13 by mail): The notice period runs. The tenant may cure by paying in full. Day 11+: If uncured, the landlord files the FED complaint in circuit court. Days 12-18: Under ORS 105.135, the court schedules a first appearance within 7 days of filing. The tenant receives the summons at least 4 days before the appearance. First appearance: If the tenant contests, trial is set within 15 days. If the tenant defaults, judgment is entered.
After a judgment for the landlord, the court issues a judgment of restitution. The sheriff posts a 4-day notice before executing the physical eviction. In Multnomah County, sheriff eviction scheduling can add 7-14 days. Total uncontested timeline: approximately 5-7 weeks. Contested cases with trial: 7-12 weeks. Appeals can extend the process further.
Oregon Court Fees & Costs
Oregon circuit court fees for eviction actions are set statewide. Below are the current fees for FED proceedings.
| Fee / Cost | Typical Amount |
|---|---|
| FED Filing Fee | $88 |
| Sheriff Service of Summons | $40 - $60 |
| Writ of Execution | $35 - $55 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Sheriff Lockout | $75 - $200 |
Sample Oregon 10-Day Non-Payment Notice
Below is a preview of an Oregon-specific 10-day notice for first-time non-payment of rent compliant with ORS 90.394(1). Our template includes all statutory elements.
10-DAY NOTICE OF NON-PAYMENT
STATE OF OREGON
Pursuant to ORS §90.394(1)
TO TENANT(S):
Name: [Full Legal Name]
Address: [Oregon Property Address]
AMOUNT DUE:
Rent: [Amount] for [Month(s)]
Late fees: [Amount]
Total: [Amount]
NOTICE
You have TEN (10) DAYS to pay the total amount due. Payment may be made at [payment location/method]. If you fail to pay within 10 days, your rental agreement will be terminated. WARNING: A second non-payment within 12 months may result in a 144-hour notice with no right to cure under ORS 90.394(2).