Oregon: Tenant Abandoned Property Notice, Storage, and Disposal Requirements

verified against the statute 2026-07-22 5 statute sources

The short answer

Oregon requires the landlord to give a written abandoned-property notice, store ordinary belongings in safekeeping with reasonable care, and give at least 5 days after personal delivery or 8 days after mailing for the tenant to respond. A timely responder generally gets 15 days to remove ordinary property; charges depend on how possession ended. Unclaimed property may be sold, while ordinary property worth $1,000 or less—or too little to justify storage and public-sale costs—may be destroyed or otherwise disposed of under the statute.

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This is the general rule in Oregon. Ezel applies current Oregon law to your specific facts and answers with citations to the statutes.

Governing law, trigger, and routesORS 90.425 applies after tenancy termination/expiration/relinquishment/abandonment plus reasonable no-further-claim belief; 7 continuous days after an unexecuted court termination; or sheriff restitution under ORS 105.161. Separate vehicle, manufactured/floating-home, deceased-tenant, hazard, and contamination routes.
Initial handling, inventory, and storageAfter notice, ordinary property must be stored in safekeeping with reasonable care; it may stay in the unit, elsewhere on the premises, at commercial storage, or another safe place. No general inventory/photo mandate. Rotting food may be promptly discarded; animals go to animal control or suitable care (§ 90.425(7)).
Notice recipients, method, and contentsWritten notice to tenant by personal delivery or first-class mail to premises, known PO box, and known/provided forwarding address. State abandonment, safe-storage location, contact deadline, removal arrangements/appointment, possible charges, 15-day pickup period, sale/disposal warning, and intended low-value disposal (§ 90.425(3)-(6)).
Claim and retrieval deadlinesOrdinary property: contact deadline at least 5 days after personal delivery or 8 days after mailing. Timely actual notice of intent to remove gives 15 days after response, or any later agreed date. Failure to respond or remove makes property conclusively abandoned (§ 90.425(6), (8)-(9)).
Retrieval conditions and storage chargesLandlord makes property available by reasonable-time appointment. For voluntary/ordinary abandonment and unexecuted-order routes, reasonable/actual removal and storage charges may be required before release; after sheriff restitution, storage payment may not be required before release (§ 90.425(5), (7)-(8)).
Low-value, perishable, and protected propertyOrdinary property may be disposed of if reasonable current fair-market value is $1,000 or less, or storage/public-sale cost probably exceeds sale return. Rotting food may be promptly discarded; animals receive the statutory care route. No named document/photo/medicine/keepsake exception (§ 90.425(7), (10)).
Sale or disposal methodAfter conclusive abandonment, public or private sale; ordinary property sale must follow ORS 79.0610. Disposal means throw away or give without consideration to a nonprofit or unrelated person—landlord may not retain for personal use/benefit. Mixed sale/disposal allowed (§ 90.425(1), (10)-(11)).
Proceeds, accounting, and unclaimed fundsDeduct reasonable/actual notice, storage, and sale costs, then unpaid rent. Remit ordinary-property remainder to tenant/owner with itemized accounting; if not found after due diligence, deposit with county treasurer. Unclaimed after 3 years reverts to county general fund (§ 90.425(13)).
Remedies, liability, and special limitsCompliant storage loss requires landlord deliberate/negligent act; deliberate malicious violation allows 2x actual damages. Good-faith complete compliance is a defense; noncompliance can relieve tenant rent/non-gross-negligence damage liability and allow up to 2x actual damages. Narrow post-termination written waiver only; no lease waiver (§ 90.425(15)-(17), (26)-(27)).

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Requirements one by one

Trigger, notice, and response

Or. Rev. Stat. § 90.425(2) covers three starting points: an ended tenancy plus
a reasonable belief that the tenant left the property with no further claim;
seven continuous days of absence after a court termination order that has not
been executed; or the landlord's receipt of possession from the sheriff after
restitution.

Before storage, sale, or disposal, § 90.425(3) requires personal delivery or
first-class mailing to the premises, every actually known tenant post-office
box, and the most recent provided or known forwarding address. The notice must
identify the property as abandoned, say it is in safekeeping, explain how to
contact the landlord and arrange removal, state the applicable charge rule and
deadline, and warn of sale or disposal.

For ordinary belongings, the contact date must be at least five days after
personal delivery or eight days after mailing. A timely actual response stating
an intent to remove generally opens a 15-day pickup period by appointment at
reasonable times. Missing the response or pickup deadline—and any later agreed
date—makes the property conclusively abandoned.

Safekeeping, animal care, and charges

Under § 90.425(7), ordinary property must be kept in a place of safekeeping with
reasonable care. It may remain in the dwelling, move elsewhere on the premises,
or go to commercial storage or another safe place. The statute does not require
a general inventory or photographs.

Rotting food may be promptly discarded. Animal control may remove pets or
livestock; if it will not, the landlord must exercise reasonable care under the
circumstances and may place the animals with a capable humane or similar
organization.

For voluntary or ordinary abandonment and the unexecuted-court-order route,
reasonable or actual removal and storage charges may be required before release.
After sheriff restitution, the landlord may not condition release on advance
payment of storage charges.

Sale, low-value disposal, and proceeds

Once the property is conclusively abandoned, § 90.425(10) permits a public or
private sale. An ordinary-property sale follows ORS 79.0610. Property may be
destroyed or otherwise disposed of when its reasonable current fair-market
value is $1,000 or less, or when storage and public-sale cost would probably
exceed the sale return. The landlord may also sell some items and dispose of
the rest.

“Dispose” has a narrow meaning: throw the property away or give it without
consideration to a nonprofit or a person unrelated to the landlord. The
landlord may not keep it for personal use or benefit.

Section 90.425(13) applies sale proceeds first to reasonable or actual notice,
storage, and sale costs, then unpaid rent. The remainder goes to the tenant or
owner with an itemized accounting. If due diligence does not locate that person,
the landlord deposits the balance with the county treasurer; after three years
unclaimed, it reverts to the county general fund.

What trips people up

Contact and pickup are different clocks. Five days after hand delivery or
eight days after mailing is the minimum time to contact the landlord. A timely
response then generally produces 15 days to remove ordinary property.

The charge rule changes after a sheriff's writ. Advance storage payment may
be required in the voluntary/ordinary and unexecuted-order routes, but not when
the landlord received possession from the sheriff.

Low value does not mean the landlord may keep the item. Even when the
$1,000 shortcut applies, the statutory disposal definition bars personal use or
benefit by the landlord.

Lease boilerplate cannot waive the process. Section 90.425(26) allows only
a narrow good-faith written agreement made after termination or no more than
seven days beforehand. A rental agreement cannot require advance waiver.

Common questions

Must the notice be certified mail?

Not for ordinary tenant belongings. Section 90.425(3) permits personal delivery
or first-class mail to all specified tenant addresses. Special vehicle and home
routes add recipients and methods.

May the landlord charge unpaid rent before returning the property?

The pre-release condition in the ordinary route concerns removal and storage
charges, not unpaid rent. Unpaid rent is a permitted deduction from later sale
proceeds.

Can the landlord immediately discard food or care for animals?

Rotting food may be promptly discarded. Animals follow the animal-control and
reasonable-care route in § 90.425(7).

What happens to unclaimed sale money?

After allowed deductions, the tenant or owner receives the remainder and an
itemized accounting. If that person cannot be found after due diligence, the
balance goes to the county treasurer for three years before reverting to the
county general fund.

Statutes and sources

  • Or. Rev. Stat. § 90.425. Complete abandoned-property route: triggers,
    notice, response, storage, charges, sale/disposal, proceeds, remedies, and
    waiver limits. Official enrolled current-text
    source

    (accessed July 22, 2026).
  • Current ORS Chapter 90. Official compiled chapter and section history.
    Official chapter
    (accessed by official-domain search July 22, 2026; direct fetch host failed).

Source links

Every statute quoted above, linked, with the date we checked it.

Or. Rev. Stat. § 90.425 · accessed 2026-07-22
Or. Rev. Stat. § 90.425 · accessed 2026-07-22
Or. Rev. Stat. § 90.425 · accessed 2026-07-22
Or. Rev. Stat. § 90.425 · accessed 2026-07-22
Or. Rev. Stat. § 90.425 · accessed 2026-07-22
This page is general legal information about personal property left after a residential tenancy ends, not legal advice about whether a tenancy has ended, whether property is abandoned, or whether a landlord may enter or retake possession. The correct procedure can depend on voluntary vacancy, surrender, rent default, judgment, writ execution, the person holding the property, the property's type and value, known third-party ownership, notice addresses, service method, local health and waste rules, and whether the tenant has died. Vehicles, fixtures, security deposits, self-storage property, active tenancies, and deceased-tenant estates may follow different law. Premature removal, sale, or destruction may create conversion or statutory liability. Verified against the official statute text on the date shown; confirm the current trigger, notice, clock, protected-property rules, and local procedure or consult a licensed attorney before acting.

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