(2) Causes for termination under this section are:
(a) Material violation by the tenant of the rental agreement. For purposes of this paragraph, material violation of the rental agreement includes, but is not limited to, the nonpayment of a late charge under ORS 90.260 or a utility or service charge under ORS 90.315.
(b) Material violation by the tenant of ORS 90.325.
(c) Failure by the tenant to pay rent.
(3) The notice must:
(a) Specify the acts and omissions constituting the violation;
(b) Except as provided in subsection (5)(a) of this section, 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 as provided in subsection (4) of this section, 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.
(4)(a) If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date. The designated date must be:
(A) At least 14 days after delivery of the notice; or
(B) If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155. For purposes of this paragraph, conduct is ongoing if the conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing.
(b) If the tenant does not cure the violation, the rental agreement terminates as provided in the notice.
(5)(a) If the cause of a written notice delivered under subsection (1) of this section is substantially the same act or omission that constituted a prior violation for which notice was given under this section within the previous six months, the designated termination date stated in the notice must be not less than 10 days after delivery of the notice and no earlier than the designated termination date stated in the previously given notice. The tenant does not have a right to cure this subsequent violation.
(b) A landlord may not terminate a rental agreement under this subsection if the only violation is a failure to pay the current month’s rent.
(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; and
(c) Subsection (5)(a) of this section changes from 10 days to four days.
(7) The termination of a tenancy for a manufactured dwelling or floating home space in a facility under ORS 90.505 to 90.850 is governed by ORS 90.630 and not by this section. [2005 c.391 §7]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.110 - Exclusions from application of this chapter.
Section 90.112 - Maximum occupancy limit.
Section 90.125 - Administration of remedies; enforcement.
Section 90.135 - Unconscionability.
Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.
Section 90.147 - Delivery of possession.
Section 90.150 - Service or delivery of actual notice.
Section 90.155 - Service or delivery of written notice.
Section 90.160 - Calculation of notice periods.
Section 90.222 - Renter’s liability insurance.
Section 90.228 - Notice of location in 100-year flood plain.
Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.
Section 90.245 - Prohibited provisions in rental agreements; remedy.
Section 90.260 - Late rent payment charge or fee; restrictions; calculation.
Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.
Section 90.263 - Vehicle tags.
Section 90.265 - Interest in alternative energy device installed by tenant.
Section 90.275 - Temporary occupancy agreement; terms and conditions.
Section 90.295 - Applicant screening charges; screening criteria.
Section 90.300 - Security deposits; prepaid rent.
Section 90.303 - Evaluation of applicant.
Section 90.304 - Statement of reasons for denial; remedy.
Section 90.316 - Carbon monoxide alarm.
Section 90.317 - Repair or replacement of carbon monoxide alarm.
Section 90.318 - Criteria for landlord provision of certain recycling services.
Section 90.322 - Landlord or agent access to premises; remedies.
Section 90.323 - Maximum rent increase; exceptions; notice.
Section 90.324 - Calculation of maximum rent increase; publication.
Section 90.325 - Tenant duties.
Section 90.365 - Failure of landlord to supply essential services; remedies.
Section 90.368 - Repair of minor habitability defect.
Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.
Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.
Section 90.390 - Discrimination against tenant or applicant; tenant defense.
Section 90.391 - Information to veterans required in notice.
Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.
Section 90.394 - Termination of tenancy for failure to pay rent.
Section 90.396 - Acts or omissions justifying termination 24 hours after notice.
Section 90.398 - Termination of tenancy for drug or alcohol violations.
Section 90.401 - Remedies available to landlord.
Section 90.403 - Taking possession of premises from unauthorized possessor.
Section 90.405 - Effect of tenant keeping unpermitted pet.
Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.
Section 90.412 - Waiver of termination of tenancy.
Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.
Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.
Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.
Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.
Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.
Section 90.445 - Termination of tenant committing criminal act of physical violence.
Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.
Section 90.462 - Electric vehicle charging stations.
Section 90.472 - Termination by tenant called into active state service by Governor.
Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.
Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.
Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.
Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.
Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.
Section 90.512 - Definitions for ORS 90.514 and 90.518.
Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.
Section 90.518 - Provider statement of estimated cost of improvements.
Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.
Section 90.527 - Renter’s liability insurance in park.
Section 90.528 - Use of common areas or facilities.
Section 90.530 - Pets in facilities; rental agreements; violations.
Section 90.555 - Subleasing agreements.
Section 90.560 - Definitions for ORS 90.560 to 90.584.
Section 90.562 - Utility and service charges; limits.
Section 90.564 - Charge for cable, satellite or Internet.
Section 90.566 - Conversion to direct billing for garbage service.
Section 90.568 - Pro rata billing; apportionment methods.
Section 90.572 - Submeter billing.
Section 90.574 - Conversion to submeter or pro rata billing for water.
Section 90.576 - Legislative findings.
Section 90.578 - Conversion to submeter or direct billing for large parks.
Section 90.580 - Entry to read submeter; requirement for water submeter.
Section 90.582 - Publication of submeter or pro rata bills; tenant
Section 90.584 - Park specific billing for water; voting.
Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.
Section 90.620 - Termination by tenant; notice to landlord.
Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.
Section 90.640 - Park damaged by natural disaster.
Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.
Section 90.645 - Closure of park; notices; payments to tenants; rules.
Section 90.650 - Notice of tax provisions to tenants of closing park; rules.
Section 90.655 - Park closure notice to nontenants; report of tenant reactions.
Section 90.671 - Closure of marina; notices; payments to tenants; rules.
Section 90.710 - Causes of action; limit on cause of action of tenant.
Section 90.725 - Landlord or agent access to rented space; remedies.
Section 90.727 - Maintenance of trees in rented spaces.
Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.
Section 90.732 - Landlord registration; registration fee.
Section 90.734 - Manager or owner continuing education requirements.
Section 90.736 - Civil penalties.
Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.
Section 90.740 - Tenant obligations.
Section 90.750 - Right to assemble or canvass in facility; limitations.
Section 90.755 - Right to speak on political issues; limitations; placement of political signs.
Section 90.765 - Prohibitions on retaliatory conduct by landlord.
Section 90.767 - Mandatory mediation.
Section 90.771 - Confidentiality of information regarding disputes.
Section 90.840 - Park purchase funds, loans.
Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.
Section 90.846 - Notices and processes in facility transfer; remedies.
Section 90.848 - Exceptions to facility transfer requirements.
Section 90.849 - Notice of conveyance.
Section 90.860 - Definitions for ORS 90.865 to 90.875.
Section 90.865 - Dealer notice of rent payments and financing.
Section 90.870 - Manner of giving notice; persons entitled to notice.