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
9. Consequences of Failure to Cure
10. Tenant Rights and Resources
11. Service Method (ORS § 90.155)
12. Landlord Signature
13. Certificate / Proof of Service
14. Oregon Practice Notes
15. 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 (or, if applicable, ORS § 90.396 — 24-hour)

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 has determined, in good faith, that you are in material noncompliance with the rental agreement and/or with your duties as a tenant under ORS § 90.325, as more particularly described below.

3. STATUTORY BASIS

This Notice is issued under [select one]:

☐ ORS § 90.392(3) — Material noncompliance, 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 — Outrageous-in-the-extreme conduct (24 hours after delivery); NO RIGHT TO CURE, except as expressly provided for unauthorized pet (ORS § 90.405).

☐ ORS § 90.398 — Drug, prostitution, or alcohol-related conduct (24 hours; no cure).

4. SPECIFICATION OF VIOLATIONS (MATERIAL NONCOMPLIANCE)

The Landlord identifies the following acts, omissions, or conditions as material violations of the rental agreement and/or ORS § 90.325. Each violation is described with sufficient particularity to enable the Tenant to identify and cure:

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
☐ Unauthorized pet (see ORS § 90.405 — alternative cure)
☐ Smoking in violation of nonsmoking provision (ORS § 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

To cure the violations identified in Section 4, the Tenant must, on or before the Cure Deadline specified in Section 6, take the following specific actions:

6. CURE DEADLINE AND TERMINATION DATE

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.

Single, non-repetitive act exception: Per ORS § 90.392(3)(b), if the violation is a single, non-repetitive act that has already occurred and cannot be cured prospectively, the Landlord may state that the violation is not curable, and the Cure Deadline may be the same as the delivery date. Mark below if applicable:

☐ Violation is a single, non-repetitive act and cannot be cured.

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(6), 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 24-hour outrageous-conduct termination)

No right to cure. This is a 24-hour termination with no opportunity to cure, except as follows:

Pet-only exception (ORS § 90.405): If the only violation is the keeping of an unauthorized pet, the Tenant may cure by permanently removing the pet within the notice period. Subsequent return of the pet eliminates the cure right.

9. 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. Money judgment for unpaid rent, prorated rent, damages, court costs, and attorney fees as authorized by ORS § 90.255;
3. Issuance of a Writ of Execution authorizing Sheriff removal.

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

10. 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.
• Raise habitability counterclaims under ORS § 90.320 if violations stem from landlord noncompliance.
• Raise retaliation defense under ORS § 90.385 (1-year window).
• 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 § 90.453 — survivors cannot be evicted for being a victim of crime.

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

11. 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 [__/__/____] — three (3) days added to all deadlines

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

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

12. 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 Tenant is in material noncompliance as described; 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.

13. 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 11.

14. OREGON PRACTICE NOTES

A. Notice-Period Quick Reference

B. Specificity Requirement

Oregon courts (e.g., Eddy v. Anderson, 366 Or 176 (2020)) and the Court of Appeals require notices to identify violations with enough particularity that the tenant can identify what conduct must change and when. Generic boilerplate fails. State dates, witnesses, and lease/statute paragraphs.

C. Habitability Counterclaim (ORS § 90.320)

If the alleged violation is a downstream effect of the landlord's habitability failure (e.g., trash accumulation due to no receptacle service; pest problems caused by lack of extermination), the tenant has a counterclaim and likely a complete defense. Document landlord compliance before serving.

D. Retaliation (ORS § 90.385)

Six-month retaliation window applies when the landlord's notice follows: (i) tenant complaint to a code/health/discrimination agency, (ii) tenant union activity, (iii) successful tenant defense of a prior FED action. Notice issued in this window is presumed retaliatory.

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 § 90.453)

Tenants who are victims of domestic violence, sexual assault, or stalking have early-termination rights and cannot be evicted because of the abuse. Verify before serving.

G. SB 608 (2019) and SB 611 (2023) — Cause Required After 12 Months

After the first year of occupancy, the landlord cannot terminate without one of: (i) a § 90.392 / § 90.396 / § 90.398 cause, (ii) a § 90.394 nonpayment, or (iii) a "qualifying landlord reason" under § 90.427. Use this template only for cause-based terminations under §§ 90.392/396/398.

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.

15. 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/prostitution): https://oregon.public.law/statutes/ors_90.398
• 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 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