Oregon Non-Payment of Rent Notice Overview
Oregon requires a 10-day notice to pay rent or quit for the first non-payment offense under ORS 90.394. Oregon provides significant tenant protections including statewide rent control, just-cause eviction requirements for long-term tenants, and a two-tier notice system that allows only a 72-hour notice for repeat non-payment within 12 months.
Oregon evictions are filed in Circuit Court. Multnomah County (Portland), Washington County, and Lane County (Eugene) handle the most cases. Oregon's tenant protections are among the strongest on the West Coast. Portland has additional local protections including mandatory relocation assistance and restrictions on no-cause evictions.
10 Days
Notice period
$116
Avg. filing fee
Yes (first offense)
Right to cure
4-6 wks
Court process
Oregon's 10-Day (First Offense) / 72-Hour (Repeat) Notice Requirement
Under ORS 90.394, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 10 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Oregon uses a 10-day notice for the first non-payment offense under ORS 90.394. On a second non-payment within 12 months, the landlord can issue a 72-hour notice with no right to cure. Oregon has significant tenant protections including statewide rent control (SB 608/HB 2001), just-cause eviction requirements, and extensive relocation assistance provisions in Portland.
Oregon: 10-Day First Offense, 72-Hour Repeat
Oregon has a two-tier system: (1) First non-payment in a 12-month period requires a 10-day notice with the right to cure (ORS 90.394); (2) Second non-payment within 12 months allows a 72-hour notice with NO right to cure. Oregon's statewide rent control (capping annual increases at 7% + CPI) and just-cause eviction requirements (for tenants in occupancy 12+ months) add additional layers. Portland has its own additional requirements including mandatory relocation assistance in some cases.
Oregon Legal Requirements (ORS 90.394)
For the notice to be valid under Oregon law, it must meet specific requirements established by statute and interpreted by Oregon courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Oregon law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 10 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Oregon Grace Period & Late Fee Rules
No statutory grace period. But 10-day notice provides substantial cure time. Understanding Oregon's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Late fees limited to a 'reasonable amount' that is an 'accurate estimate of damages.' Typically 5-10%. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Oregon law.
Oregon Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
Late fees limited to a ‘reasonable amount’ that is an ‘accurate estimate of damages.
Partial Payment
Acceptance during notice period may waive landlord's rights.
Right to Cure
Yes (first offense).
How to Serve a Non-Payment Notice in Oregon
Oregon law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Oregon courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Oregon courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Oregon Circuit Court. Include the original notice and proof of service with your filing.
Oregon Non-Payment Eviction Timeline
The Oregon eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 10-Day Notice to Pay or Quit (first offense) | Day 1 |
| Notice period expires | Day 11 |
| File FED complaint in Circuit Court | Day 11-13 |
| First appearance set (7-14 days) | Day 18-27 |
| Trial (if not settled) | Day 25-40 |
| Judgment and execution | Day 30-45 |
| Sheriff lockout | Day 35-50 |
Total estimated time: 4-6 weeks for uncontested first offense. 72-hour repeat offense cases can move faster. Contested cases take 6-12 weeks. Portland courts have the heaviest dockets.
Oregon Eviction Filing Fees & Costs
Filing fees for eviction actions in Oregon vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit Court Filing Fee | $88 - $255 |
| Service of Process | $30 - $75 |
| Writ of Possession/Restitution | $30 - $75 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $250 - $400 |
Sample Oregon 10-Day (First Offense) / 72-Hour (Repeat) Non-Payment Notice
Below is a preview of our Oregon-specific non-payment notice. The final document includes all statutory language required under ORS 90.394 and is formatted for Oregon court proceedings.
TEN (10) DAY NOTICE OF NON-PAYMENT (FIRST OFFENSE)
STATE OF OREGON
Pursuant to ORS 90.394
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Oregon Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
OREGON STATUTORY NOTICE:
You have TEN (10) DAYS from service to pay the full amount of rent due or quit the premises. This is a first non-payment notice within the past 12 months. Under Oregon law, you have the right to cure this default by paying the full rent owed within 10 days. If you fail to comply, the landlord will file for eviction in Oregon Circuit Court.