Oregon 60-Day Notice Overview
The actual termination basis matters. ORS 90.427(8)(a)(B) permits at least 60 days’ written notice without stated cause for a month-to-month tenancy after the first year when the landlord’s actual primary residence is in the same building or on the same property and it contains no more than two dwelling units. A future plan to move in does not establish that exception.
Other routes remain distinct. First-year month-to-month tenancy generally has a 30-day rule; fixed-term endings have separate conditions. Subsection (5)(a) generally requires at least 90 days for specified landlord reasons, while (5)(b) provides a buyer-occupancy option of at least 60 days with additional evidence and payment. Local and other applicable obligations must be checked.
60 Days
Specific statutory basis
$88-$281
FED filing fees
SB 608
No-cause limits
3-5 wks
FED court process
When a 60-Day Notice Applies in Oregon
The wizard distinguishes the owner-occupied 60-day path from another specifically reviewed basis. Unresolved facts produce a clearly labelled review draft, not an operative notice. A selected date or notice title does not establish eligibility.
First Year of Month-to-Month Tenancy
ORS 90.427(3)(b) generally permits a first-year month-to-month termination without stated cause with at least 30 days’ written notice. Confirm the actual occupancy history, timing and other applicable protections; the rental agreement date alone does not establish the first year.
Owner-Occupied Property After the First Year
The subsection (8)(a)(B) month-to-month path requires actual landlord primary residence on the same building or property and no more than two dwelling units. It applies after the first year. Do not substitute a new-construction label, future move-in plan or rent-control exception for those facts.
Fixed-Term Lease Non-Renewal
A fixed-term lease does not necessarily end without notice or convert into an unrestricted right to possession. Review subsection (4) and any applicable subsection (8)(b) exception, the actual term-end date, required notice and occupancy history. The owner-occupied month-to-month sample is not a fixed-term notice.
SB 608 No-Cause Eviction Restrictions
The current termination rules in ORS 90.427 distinguish first-year, fixed-term, qualifying-landlord, buyer-occupancy and owner-occupied-property circumstances. Read the applicable subsection and its conditions rather than treating all post-first-year no-cause notices as prohibited or all 60-day notices as valid.
Relocation Assistance Requirement
For a subsection (5) termination, subsection (6) generally requires one month’s rent when notice is given, with its four-or-fewer ownership-interest exception. The buyer-occupancy option in (5)(b) requires an additional month’s rent when notice is given; the subsection (6) exception does not eliminate that additional payment. The two-unit owner-primary-residence test in subsection (8) is different. Check local requirements separately.
Oregon 60-Day Notice Legal Requirements
Identify the precise applicable subsection, actual facts, deadline and service requirements. The following points assist preparation; completing a form does not establish eligibility or certify that evidence, payment or delivery has occurred.
Required Notice Content
- Written Format: The notice must be in writing. Oregon does not accept oral termination notices for any residential tenancy under ORS 90.427
- Tenant Names and Address: Identify all tenants by full legal name and specify the complete property address including unit number
- 60-Day Termination Date: State that the tenancy terminates not less than 60 days from the date of delivery. Account for any applicable service extension or longer required period
- Payment and Evidence: For a subsection (5) route, review the distinct (5)(b) and (6) evidence and payment duties. Do not infer a statewide city-population trigger or blanket local exemption
- Local Requirements: Verify any applicable local notice, documentation and assistance obligations for the actual property and basis
How to Serve a 60-Day Notice in Oregon
Oregon service requirements are governed by ORS 90.155. The method of service determines when the 60-day clock begins running.
Personal Delivery (ORS 90.155(1)(a))
Hand-deliver the notice directly to the tenant. The 60-day period begins on the date of personal delivery. Have the server note the date, time, and location on a proof of service form
First-Class Mail (ORS 90.155(1)(b))
Mail the notice via first-class mail to the tenant at the rental address. When served by mail, the notice period is extended by 3 days, meaning you must mail the notice at least 63 days before the termination date
Posting on Door (ORS 90.155(1)(c))
Attach or affix the notice to the main entrance door of the dwelling unit in a secure manner. Also mail a copy by first-class mail the same day. The 60-day period begins 3 days after mailing
Pay Relocation Assistance
Meet the timing required by the actual basis. Subsections (5)(b) and (6) require their applicable payments when notice is given, not simply by the termination date. Verify local obligations separately and retain actual payment evidence.
File FED if Tenant Does Not Vacate
After the termination date passes and the tenant has not surrendered possession, file a Forcible Entry and Detainer complaint in the circuit court of the county where the rental property is located
Oregon FED Court Timeline
Oregon's Forcible Entry and Detainer process is a summary proceeding designed to resolve possession disputes quickly. After the 60-day notice period expires, the landlord files an FED complaint and summons with the circuit court. The tenant must be served with the complaint and has 7 calendar days to file an appearance or answer (ORS 105.135).
A first appearance is set within 15 days of filing. If the case goes to trial, it is typically heard within 2 to 4 weeks of the first appearance. Oregon FED trials are bench trials (no jury) unless a jury is requested and the appropriate fee paid. If the landlord prevails, the court enters a judgment of restitution. The sheriff then posts a 4-day notice before executing the physical eviction.
From FED filing to physical eviction, uncontested cases take approximately 3 to 5 weeks. Contested cases with defenses such as retaliation, discrimination, or failure to pay relocation assistance can extend to 6 to 10 weeks. Combined with the 60-day notice period, the total process from initial notice to lockout ranges from 11 to 18 weeks.
Oregon Court Fees & Costs
Oregon circuit court filing fees for FED actions are set by ORS 21.135. Additional costs may include assistance required by the actual termination basis or local rules.
| Fee / Cost | Typical Amount |
|---|---|
| FED Filing Fee (Circuit Court) | $88 - $281 |
| Service of Process | $40 - $75 |
| Sheriff Execution of Writ | $50 - $150 |
| Relocation Assistance (state) | Basis-dependent; distinguish (5)(b) and (6) |
| Portland Relocation (local) | Verify current city requirements |
Sample Oregon 60-Day Notice
This fixed fictional example illustrates only the owner-primary-residence, two-unit, month-to-month path after the first year under ORS 90.427(8)(a)(B). It is not for service, does not establish your eligibility and is not a sample of the buyer-occupancy or fixed-term routes. The PDF and Word contain blank execution fields, not a completed signature or service record.
60-DAY NOTICE OF TERMINATION WITHOUT CAUSE
STATE OF OREGON
Fictional example only — ORS 90.427(8)(a)(B)
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Oregon Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address + Unit]
TERMINATION NOTICE:
Illustrated facts: a month-to-month tenancy after the first year; the landlord’s actual primary residence is on the same building or property; no more than two dwelling units. The example shows an entered termination date and preserves applicable service, local and other requirements. Do not serve this fictional example.
RELOCATION ASSISTANCE (ORS 90.427(6))
This example uses subsection (8)(a)(B), not subsection (5). It does not assert that all local or other assistance duties are waived. For a reviewed subsection (5) route, distinguish the additional buyer-occupancy payment in (5)(b) from the base payment and exception in (6).
Download fictional owner-occupied example (PDF)Download the same example (Word)