Notice to Cure or Quit (Oregon)

NOTICE TO CURE OR QUIT — OREGON

TABLE OF CONTENTS

1. Caption / Notice Heading
2. Identification of Premises and Parties
3. Statutory Basis
4. Specification of Violations (Material Noncompliance)
5. Required Remedy / Cure Description
6. Cure Deadline and Termination Date
7. Repeat-Violation Notice (ORS § 90.392(5)) — If Applicable

8. 24-Hour Notice (ORS § 90.396) — If Applicable
   8A. Unpermitted Pet Notice (ORS § 90.405) — If Applicable

9. Drug or Alcohol Notice (ORS § 90.398) — If Applicable

10. Consequences of Failure to Cure
11. Tenant Rights and Resources
12. Service Method (ORS § 90.155)
13. Landlord Signature
14. Certificate / Proof of Service
15. Oregon Practice Notes
16. Sources and References

1. CAPTION / NOTICE HEADING

STATE OF OREGON

NOTICE OF TERMINATION OF TENANCY FOR CAUSE — OPPORTUNITY TO CURE

Pursuant to ORS § 90.392, § 90.396, § 90.398, or § 90.405 (select one route)

2. IDENTIFICATION OF PREMISES AND PARTIES

TO: [TENANT'S FULL LEGAL NAME], and all other occupants in possession of the premises described below.

YOU ARE HEREBY NOTIFIED that the Landlord gives this notice under the single statutory route selected above, based on the acts or omissions described below.

Facility-space route restriction: Do not use the § 90.392 cure or repeat-violation route or the § 90.405 unpermitted-pet route for a tenancy governed by ORS 90.505 to 90.850. Section 90.630 supplies the separate facility-space breach procedure. If this notice concerns such a space, select another route only after checking that route's own scope and requirements.

3. STATUTORY BASIS

This Notice is issued under [select one]:

☐ ORS § 90.392(3) — Material noncompliance outside the facility-space regime, with the right to cure within fourteen (14) days; tenancy terminates not less than thirty (30) days after delivery if not cured.

☐ ORS § 90.392(5) — Repeat substantially identical violation within six (6) months of a prior § 90.392 notice; NO RIGHT TO CURE; tenancy terminates not less than ten (10) days after delivery (4 days for week-to-week).

☐ ORS § 90.396 — Qualifying serious conduct (24 hours after delivery); if the ground is the tenant's pet's act, § 90.396(2) permits cure by removing the pet before the notice period ends.

☐ ORS § 90.405 — Unpermitted pet outside the facility-space regime capable of causing injury or property damage: at least 10 days' written notice, with an opportunity to remove the pet before termination.

☐ ORS § 90.398 — Drug or alcohol violation by a tenant living less than two years in drug-and-alcohol-free housing: the initial notice states a termination at least 48 hours after delivery and gives the tenant 24 hours to cure; a substantially identical repeat violation within six months may be terminated on at least 24 hours' written notice without a cure right. Prostitution is addressed under ORS § 90.396.

4. SPECIFICATION OF VIOLATIONS (MATERIAL NONCOMPLIANCE)

The Landlord identifies the following acts or omissions supporting the selected statutory route. Describe each with enough detail to identify the alleged conduct. A cure opportunity applies only where the selected route provides one:

Common ORS § 90.325 tenant-duty categories (check applicable):

☐ Damage / abuse of premises beyond normal wear and tear
☐ Failure to keep dwelling clean / sanitary
☐ Improper disposal of garbage / refuse
☐ Disturbing peaceful enjoyment of other tenants
☐ Unauthorized occupants
☐ Unpermitted pet capable of injury or property damage (see separate ORS § 90.405 route)
☐ Smoking in material violation of a rental-agreement provision (ORS § 90.392(2)(a); smoking policy disclosed under ORS §§ 90.220(4), 479.305)
☐ Alteration of premises without permission
☐ Failure to keep plumbing fixtures clean
☐ Unauthorized parking / commercial use
☐ Other lease violation: [________________________________]

5. REQUIRED REMEDY / CURE DESCRIPTION

Complete this section only when the selected route provides a cure right. To cure the violations identified in Section 4, the Tenant may take the following specific actions by the applicable cure deadline:

6. CURE DEADLINE AND TERMINATION DATE

Complete these fields for the initial § 90.392 cure route. For another selected route, use that route's own date and time fields below.

Portable-cooling restriction: If the alleged breach concerns a restriction on a portable cooling device, ORS 90.355(6) pauses the notice period on qualifying extreme heat event days and requires the notice to say the termination date extends one day for each such day and where to find event information. The fixed dates in this form need that additional language before such a notice is sent. For a repeat breach, use the dedicated Oregon cooling-restriction notice.

If the Tenant cures the violation(s) by the Cure Deadline, the rental agreement will continue. If the Tenant fails to cure by the Cure Deadline, the rental agreement terminates on the Termination Date and the Landlord may file an FED action under ORS Chapter 105 to recover possession.

Separate, non-ongoing act: Under ORS § 90.392(4)(a)(B), if the violation can be cured and was a separate and distinct act or omission that is not ongoing, the cure date may be as early as the notice-delivery date. State at least one possible remedy in Section 5. This does not shorten the applicable termination notice period. Mark below if applicable:

☐ Violation is a separate, distinct act or omission and is not ongoing; cure action and date are stated above.

7. REPEAT-VIOLATION NOTICE (ORS § 90.392(5)) — IF APPLICABLE

(Complete only if invoking the 10-day no-cure repeat-violation procedure)

No right to cure. Pursuant to ORS § 90.392(5), the Tenant has no right to cure the repeat violation, and the rental agreement will terminate on the Termination Date.

Restriction: Per ORS § 90.392(5)(b), this 10-day no-cure procedure cannot be based solely on the Tenant's failure to pay current rent.

8. 24-HOUR NOTICE (ORS § 90.396) — IF APPLICABLE

(Complete only if invoking a qualifying 24-hour termination ground under § 90.396.)

Pet-act cure exception. If this notice is based on an act of the Tenant's pet, the Tenant may avoid termination by removing the pet before the 24-hour notice period ends under § 90.396(2). State that right in the notice. For other qualifying conduct under § 90.396(1), there is no statutory cure period. Use the separate § 90.405 route below for an unpermitted pet covered by that section.

8A. UNPERMITTED PET NOTICE (ORS § 90.405) — IF APPLICABLE

Use this route only if the tenant keeps a pet capable of causing injury or property damage in violation of the rental agreement. Do not use the 24-hour § 90.396 route for the pet alone.

The tenancy will terminate on the date above unless the Tenant removes the pet from the premises before that date. For a substantially identical violation recurring within six months after a prior § 90.405 notice, § 90.405(3) permits termination on at least 10 days' written notice without a second cure opportunity; identify the prior notice and recurrence here if that route is used: [DATES AND FACTS / NOT APPLICABLE].

9. DRUG OR ALCOHOL NOTICE (ORS § 90.398) — IF APPLICABLE

Complete only for a tenant living less than two years in drug-and-alcohol-free housing under ORS § 90.398. Describe the specific drug or alcohol violation in Section 4.

For an initial violation, you may cure by changing the conduct or otherwise curing the violation within 24 hours after delivery of this notice. If you cure within that period, the rental agreement does not terminate. A substantially identical repeat violation within six months may be terminated without another opportunity to cure after at least 24 hours' written notice.

10. CONSEQUENCES OF FAILURE TO CURE

If the Tenant fails to cure (where cure is available) or vacate by the Termination Date, the Landlord will commence a Forcible Entry and Detainer (FED) action in the Circuit Court of [COUNTY] County under ORS Chapter 105 seeking:

1. Judgment for restitution of the premises;
2. Recoverable court costs and attorney fees, if awarded; unpaid rent and damages require a separate money claim;
3. If the Landlord obtains a judgment for restitution, issuance and service of a notice of restitution giving the Tenant at least four days to leave under ORS § 105.151(1)(a); if the Tenant remains after that period, issuance and sheriff service of a writ of execution of judgment of restitution under § 105.151(1)(b).

The Landlord may also seek separate damages under ORS § 90.401 for tenant-caused property damage.

11. TENANT RIGHTS AND RESOURCES

You have the right to:

• Cure the violation within the time specified (where applicable) and continue your tenancy.
• Dispute this Notice — defects in specificity, service, or substance are defenses to FED.
• Document landlord noncompliance with the duties in ORS § 90.320. Section 90.360 addresses tenant remedies; § 90.370 governs counterclaims in possession actions based on nonpayment and in rent actions.
• Raise retaliation defense under ORS § 90.385 when the protected conduct and statutory exceptions support it.
• Raise discrimination defense under ORS § 659A.421 (Oregon Fair Housing) and federal Fair Housing Act, including source-of-income protection (ORS § 659A.421(2) — 2014 amendment).
• Domestic violence protection under ORS § 90.449 — victims may raise the statutory defense to a possession action, subject to the exception in subsection (3).

Resources:

• Oregon Law Center / Legal Aid Services of Oregon: (503) 295-2760
• Oregon State Bar Lawyer Referral: (503) 684-3763
• 211info: dial 2-1-1
• Fair Housing Council of Oregon: (503) 223-8197
• Eviction Legal Defense Project: https://oregonlawhelp.org

12. SERVICE METHOD (ORS § 90.155)

This Notice was served by:

☐ Personal delivery to Tenant on [__/__/____] at [__:__ __.M.]

☐ First-class mail with attachment to main entrance on [__/__/____] — only if the written rental agreement permits this method in both directions; no three-day extension

☐ First-class mail only on [__/__/____] — three (3) days added to all deadlines

☐ Email plus first-class mail pursuant to signed written agreement on [__/__/____]

Veterans assistance: If you are a veteran of the armed forces, assistance may be available from a county veterans' service officer or a community action agency. Contact information for a local officer and agency may be obtained by calling a 2-1-1 information service.

13. LANDLORD SIGNATURE

I certify that I am the Landlord (or duly authorized agent) of the premises identified above; that I have determined in good faith that the facts stated support the selected statutory ground; that this Notice is given for the purposes stated and not for any retaliatory purpose prohibited by ORS § 90.385; and that, where a cure right exists, I believe the Tenant is reasonably capable of curing the violation within the prescribed time.

Dated this [____] day of [__________], 20[__], at [CITY], Oregon.

14. CERTIFICATE / PROOF OF SERVICE

I declare under penalty of perjury under the laws of the State of Oregon that on [__/__/____] I served the foregoing Notice to Cure or Quit upon the Tenant(s) by the method indicated in Section 12.

15. OREGON PRACTICE NOTES

A. Notice-Period Quick Reference

B. Specificity Requirement

ORS § 90.392(3)(a) requires the notice to specify the acts and omissions constituting the violation; subsection (3)(c) also requires a description of at least one possible remedy when cure is available. State dates, conduct, and relevant lease or statutory provisions so the notice identifies the claimed breach and cure.

C. Landlord Noncompliance and Tenant Remedies (ORS §§ 90.320, 90.360, 90.370)

If the alleged violation may stem from the landlord's failure to maintain the premises (for example, lack of required trash service), investigate and document that condition before serving. Section 90.320 states the landlord's duties; § 90.360 provides tenant remedies for qualifying noncompliance. Section 90.370 permits specified counterclaims in nonpayment possession and rent actions, subject to its conditions. A landlord-maintenance problem does not automatically supply a complete defense to a termination based on tenant conduct.

D. Retaliation (ORS § 90.385)

ORS § 90.385 prohibits specified retaliation after protected tenant conduct. Its six-month lookback applies only to a tenant's successful defense of a prior possession action, subject to listed exceptions. It creates no general six-month or one-year presumption.

E. Discrimination (ORS § 659A.421; federal FHA)

Oregon protects race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income (Section 8 vouchers, SSI, etc. — added 2014), and disability. Federal FHA adds parallel protections.

F. Domestic Violence (ORS § 90.449)

ORS § 90.449 restricts termination based on a tenant's status as a victim or an incident of domestic violence, sexual assault, bias crime, or stalking, subject to subsection (3). A victim's separate right to seek release from a tenancy is in ORS § 90.453. Verify the circumstances before serving.

G. Termination After the First Year of Occupancy (ORS § 90.427)

For an ordinary month-to-month tenancy after the first year of occupancy, ORS 90.427(3)(c) permits termination for a tenant cause with notice under ORS 86.782(6)(c), 90.380(5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or 90.445, or for a qualifying landlord reason under § 90.427(5)-(6), subject to the statute's exceptions. Use this form only for the tenant-cause routes it sets out: §§ 90.392, 90.396, 90.398 or 90.405.

H. Local Ordinances

Portland (PCC § 30.01.085) and Eugene have additional notice-content requirements and (for Portland) relocation-assistance triggers for non-cause removals. Verify locality.

16. SOURCES AND REFERENCES

• ORS § 90.392 (cause-based termination): https://oregon.public.law/statutes/ors_90.392
• ORS § 90.396 (24-hour outrageous conduct): https://oregon.public.law/statutes/ors_90.396
• ORS § 90.398 (drug or alcohol violations in drug-and-alcohol-free housing): https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS § 90.155 (service): https://oregon.public.law/statutes/ors_90.155
• ORS § 90.325 (tenant duties): https://oregon.public.law/statutes/ors_90.325
• ORS § 90.385 (retaliation): https://oregon.public.law/statutes/ors_90.385
• ORS § 90.405 (unauthorized pet): https://oregon.public.law/statutes/ors_90.405
• ORS § 90.453 (domestic violence): https://oregon.public.law/statutes/ors_90.453
• ORS § 659A.421 (Oregon Fair Housing): https://oregon.public.law/statutes/ors_659a.421
• ORS Chapter 90: https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS 408.515: https://www.oregonlegislature.gov/bills_laws/ors/ors408.html
• ORS Chapter 105 (FED): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• SB 608 (2019): https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB608
• SB 611 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB611
• HB 2001 (2023): https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2001
• OSB Legal Information for Landlords: https://www.osbar.org/_docs/public/pamphlets/LegalInfoforLandlords.pdf
• Oregon Law Help: https://oregonlawhelp.org