NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION
(Oregon Residential Tenancy – ORS Chapter 90)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
This Notice of Termination of Tenancy and Demand for Possession (“Notice”) is issued by [LANDLORD LEGAL NAME], (“Landlord”), whose notice address is [LANDLORD ADDRESS], to [TENANT LEGAL NAME], (“Tenant”), in lawful possession of the residential premises commonly known as [PREMISES ADDRESS] (the “Premises”).
1.2 Recitals.
A. Landlord and Tenant are parties to that certain written (or oral) rental agreement dated [LEASE COMMENCEMENT DATE] (the “Lease Agreement”).
B. Tenant is in material default under the Lease Agreement and Oregon Residential Landlord and Tenant Act, ORS Chapter 90 (“ORLTA”), as more fully set forth below.
C. Landlord desires to terminate the tenancy, provide Tenant an opportunity to cure where required, and demand surrender of the Premises in accordance with ORLTA.
1.3 Effective Date; Jurisdiction.
This Notice is effective on the date of service stated in Section 3.5 below (“Notice Date”) and is governed by the laws of the State of Oregon.
2. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings set forth below:
“Cure Period” – The statutory period within which Tenant may remedy the stated default to avoid termination, as identified in Section 3.2.
“Default” – Any act or omission by Tenant described in Section 3.1.
“Effective Termination Date” – The calendar day following expiration of the applicable Notice or Cure Period, as identified in Section 3.3, on which Tenant must surrender possession absent cure.
“Notice Period” – The minimum number of days between the Notice Date and the Effective Termination Date, calculated under ORS 90.155.
“Rent” – All sums defined as rent under the Lease Agreement, including periodic rent, utilities, and any recurring charges.
3. OPERATIVE PROVISIONS
3.1 Nature of Default
[Select ONE and delete inapplicable options]
a. Non-Payment of Rent in the amount of $ [PAST-DUE AMOUNT].
b. Material Violation of Lease/ORLTA (describe): [DESCRIPTION OF VIOLATION].
c. Repeat Violation (same act within 6 months).
d. Immediate Hazard or Illegal Activity (24-hour notice under ORS 90.396).
e. No-Cause Termination (permitted only for qualifying tenancies under ORS 90.427).
[// GUIDANCE: Ensure the chosen category is permissible for the tenancy type (e.g., fixed-term vs. month-to-month) and local ordinances.]
3.2 Statutory Notice & Cure Periods
a. Non-Payment of Rent – 72 hours after Rent is 7 days past due OR 144 hours after Rent is 4 days past due (ORS 90.394). Tenant may cure by paying all Rent due plus late fees by [CURE DEADLINE DATE].
b. Material Violation – 30-day notice; cure permitted within 14 days (ORS 90.392).
c. Repeat Violation – 10-day notice; no cure (ORS 90.392(6)).
d. 24-Hour Notice – No cure (ORS 90.396).
e. No-Cause – 30/60/90-day notice depending on tenancy length and local regulation (ORS 90.427).
[// GUIDANCE: Insert only the line(s) applicable to Section 3.1. Calculate Cure Deadline and Effective Termination Date per ORS 90.155 (exclude day of service; include weekends/holidays unless final day falls on a weekend/holiday).]
3.3 Demand for Possession; Effective Termination Date
Unless Tenant cures within the applicable Cure Period (if any), Tenant must vacate and deliver exclusive possession of the Premises to Landlord by [EFFECTIVE TERMINATION DATE].
3.4 Amounts Due Upon Surrender
Tenant remains liable for unpaid Rent, holdover damages, costs, and any other amounts allowable under the Lease Agreement and ORLTA through the date Landlord regains possession.
3.5 Service of Notice
This Notice has been served on Tenant on [NOTICE DATE] by the following method permitted under ORS 90.155:
☐ Personal delivery to Tenant;
☐ First-class mail (add 3 days for delivery);
☐ Posting at Premises and first-class mail (add 3 days);
☐ [OTHER PERMITTED METHOD].
[// GUIDANCE: Retain proof of service (certificate of mailing, affidavit of personal service, or photograph of posting).]
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
a. Landlord is the rightful owner or managing agent authorized to enforce the Lease Agreement and ORLTA.
b. All statements herein are true and correct to the best of Landlord’s knowledge.
4.2 Tenant is deemed to represent by acceptance of this Notice that Tenant received the Notice in the manner stated in Section 3.5.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not commit waste, nuisance, or further violate the Lease Agreement or ORLTA during any Cure Period.
5.2 Tenant shall provide reasonable access for pre-move-out inspection if requested (ORS 90.333).
6. DEFAULT & REMEDIES
6.1 Events of Default. Failure to cure within the Cure Period or to vacate by the Effective Termination Date constitutes a continuing Default.
6.2 Remedies. Upon Default, Landlord may:
a. File a Forcible Entry and Detainer (FED) action in the [COUNTY] County Circuit Court – Housing Department;
b. Recover possession of the Premises, unpaid Rent, damages, court costs, and attorney fees as allowed by ORS 90.255;
c. Seek any additional relief available in law or equity.
6.3 Attorney Fees. The prevailing party in any FED or related action shall be entitled to reasonable attorney fees and costs as provided in ORS 90.255 and the Lease Agreement.
7. RISK ALLOCATION
Indemnification and limitation of liability provisions are intentionally omitted as not applicable to this statutory Notice.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any ensuing litigation are governed exclusively by ORS Chapter 90 and related Oregon law.
8.2 Forum Selection. Jurisdiction and venue lie exclusively in the Circuit Court for [COUNTY] County, State of Oregon, Housing Division.
8.3 Arbitration. Arbitration is not available for FED proceedings (see ORS 105.110).
8.4 Jury Waiver. Nothing herein shall be construed to waive the constitutional right to a jury trial where applicable.
8.5 Injunctive Relief. Landlord reserves the right to seek temporary or permanent injunctive relief to protect the Premises and enforce possession rights.
9. GENERAL PROVISIONS
9.1 No Waiver. Acceptance of partial Rent or failure to enforce any provision shall not constitute a waiver of Landlord’s rights.
9.2 Severability. If any provision of this Notice is found unenforceable, the remainder shall remain in full force.
9.3 Entire Notice. This Notice embodies the entire notice required under ORLTA for the stated Default and supersedes all prior oral or written communications regarding the Default.
9.4 Amendments. Any amendment to this Notice must be in writing and signed by Landlord.
9.5 Electronic Signatures. A signature transmitted by electronic means shall be deemed an original.
10. EXECUTION BLOCK
Executed this [EXECUTION DATE].
| LANDLORD / AUTHORIZED AGENT | TENANT (Acknowledgment Only) |
|---|---|
| _______ | _______ |
| Name: [PRINT NAME] | Name: [PRINT NAME] |
| Title: [TITLE] | |
| Signature: ____ | Date: _______ |
| Date: _________ |
State of Oregon )
County of [COUNTY] ) ss.
Subscribed and sworn before me this ___ day of ____, 20__, by [NAME].
Notary Public for Oregon
My Commission Expires: _______
[// GUIDANCE: Notarization is recommended, though not statutorily required for validity of the Notice itself; it strengthens evidentiary proof of service and authenticity.]
IMPORTANT INFORMATION FOR TENANTS
• You may avoid eviction by curing the Default within the time stated, if a Cure Period is provided.
• If you believe you have legal defenses, seek legal counsel IMMEDIATELY. Assistance may be available through Oregon Law Center or local legal aid offices.
[// GUIDANCE: Retain originals, service proofs, and a copy of the Lease Agreement for court filing. Double-check all statutory timeframes, especially when the Notice Date falls near holidays or weekends.]