Notice to Pay Rent or Quit (Oregon)

NOTICE TO PAY RENT OR QUIT — OREGON

TABLE OF CONTENTS

1. Caption / Notice Heading
2. Identification of Premises and Parties
3. Statement of Rent Due (ORS § 90.394)
4. Demand for Payment or Possession
5. Method and Place of Payment
6. Tenant's Right to Cure Through First Appearance (HB 2001)
7. Statement of Consequences if Not Paid or Vacated
8. Tenant Resources Notice
9. Service Method (ORS § 90.155)
10. Landlord Signature and Date
11. Certificate / Proof of Service
12. Oregon Practice Notes
13. Sources and References

1. CAPTION / NOTICE HEADING

STATE OF OREGON

TEN-DAY (or THIRTEEN-DAY / 72-HOUR) NOTICE OF NONPAYMENT OF RENT AND TERMINATION OF TENANCY

Pursuant to ORS § 90.394 and HB 2001 (2023 Or. Laws ch. 13)

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 you are in default under the rental agreement covering the above-described premises by reason of nonpayment of rent.

3. STATEMENT OF RENT DUE (ORS § 90.394)

The following rent is currently due and unpaid:

Rent is now legally late. Under ORS § 90.394(2), rent is not late until the fifth (5th) day of the rental period. The undersigned has confirmed that more than [____] days have elapsed since rent became due.

Late fees and other charges (informational only — not part of cure amount):

4. DEMAND FOR PAYMENT OR POSSESSION

YOU ARE HEREBY REQUIRED, within [☐ TEN (10) DAYS / ☐ THIRTEEN (13) DAYS / ☐ SEVENTY-TWO (72) HOURS] from the date of service of this Notice, to either:

(A) Pay the total rent of $[________] identified in Section 3 above; OR

(B) Surrender possession of the premises to the Landlord.

Cure Deadline: Payment must be received no later than [__:__ __.M.] on [__/__/____] (the "Cure Deadline").

If the Cure Deadline falls on a Saturday, Sunday, or legal holiday, the Cure Deadline is extended to the end of the next judicial day. If the Notice was served by first-class mail (per ORS § 90.155(1)(c)), three (3) additional days are added to the cure period.

5. METHOD AND PLACE OF PAYMENT

Payment must be tendered to the Landlord or Landlord's agent at the following designated location, which is reasonably available to the Tenant during the entire notice period:

6. TENANT'S RIGHT TO CURE THROUGH FIRST APPEARANCE (HB 2001)

IMPORTANT NOTICE TO TENANT: Under HB 2001 (2023 Or. Laws ch. 13), even after this Notice expires, you have a continuing right to cure nonpayment up to and including the first appearance in any forcible entry and detainer (FED) action filed against you. If you pay the full unpaid rent (plus any court-awarded fees) before or at the first appearance, the action will be dismissed and your tenancy preserved.

You may also be eligible for emergency rental assistance through:

• 211info Oregon — dial 2-1-1 or visit https://www.211info.org
• Oregon Housing and Community Services (OHCS) — https://www.oregon.gov/ohcs
• Local community action agencies (CAP)
• Eviction Legal Defense Project / Oregon Law Center

7. STATEMENT OF CONSEQUENCES IF NOT PAID OR VACATED

If you fail to either pay the rent stated above or surrender possession of the premises by the Cure Deadline, the Landlord will commence a Forcible Entry and Detainer (FED) action under ORS Chapter 105 to:

1. Recover possession of the premises;
2. Recover unpaid rent, prorated rent through the date of judgment, late fees as authorized, court costs, and attorney fees as allowed by ORS § 90.255 and the rental agreement; and
3. Obtain a Judgment of Restitution and Writ of Execution authorizing the Sheriff to remove you from the premises.

A money judgment for unpaid rent and damages may be reported to credit agencies and tenant-screening services.

8. TENANT RESOURCES NOTICE

(Required statewide tenant-resources notice — see HB 2001 (2023))

The Oregon Legislature requires landlords to provide tenants with information about resources available to those facing eviction. The following resources may be of assistance:

• Oregon Law Center / Legal Aid Services of Oregon: https://oregonlawcenter.org — (503) 295-2760
• Oregon Eviction Legal Defense: https://oregonlawhelp.org
• Oregon State Bar Lawyer Referral: (503) 684-3763 / (800) 452-7636
• 211info (Rental Assistance): Dial 2-1-1
• Fair Housing Council of Oregon: (503) 223-8197
• Oregon Department of Justice — Consumer Protection: (877) 877-9392

9. SERVICE METHOD (ORS § 90.155)

This Notice was served on the Tenant by the following method authorized under ORS § 90.155:

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

☐ First-class mail with attachment — mailed by first-class mail postage prepaid AND a true copy attached in a secure manner to the main entrance of the dwelling unit on [__/__/____]; three (3) days added to the notice period.

☐ First-class mail only — mailed first-class on [__/__/____]; three (3) days added to the notice period.

☐ Email plus first-class mail — pursuant to a written agreement signed by Tenant authorizing email service, copy emailed to [TENANT EMAIL] on [__/__/____] and first-class mailed the same day.

10. LANDLORD SIGNATURE AND DATE

I certify under penalty of perjury under the laws of the State of Oregon that I am the Landlord (or duly authorized agent of the Landlord) of the premises described above; that the rent stated in Section 3 is currently due and unpaid; and that this Notice is given in good faith and not for a retaliatory purpose prohibited by ORS § 90.385.

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

11. CERTIFICATE / PROOF OF SERVICE

I, the undersigned, certify that on [__/__/____] I served the foregoing Notice to Pay Rent or Quit upon the Tenant(s) named above by the method indicated in Section 9 above, at the premises located at [PREMISES ADDRESS].

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.

12. OREGON PRACTICE NOTES

A. Statutory Notice Periods (Post-HB 2001)

B. The 5th-Day Rule

ORS § 90.394(2) prohibits any nonpayment notice from being served before the 5th day of the rental period (or 8th day for the 10-day option). Rent is not legally late until the 5th day, regardless of contractual due date or grace-period language. A notice served on the 1st through 4th (or 7th, for the 10-day option) is void and cannot support an FED action.

C. Cure Through First Appearance

HB 2001 (2023) created a continuing tenant right to cure nonpayment at any time before or at the FED first appearance by tendering all unpaid rent and any awarded court costs. This is a major change from pre-2023 law, under which the cure right ended at the notice deadline. Landlords must verify non-cure through the date of the first appearance before requesting default.

D. Statewide Rent Cap (ORS § 90.323)

Rent increases on units 15+ years old are capped at 7% + CPI (West Region), with a statutory ceiling. 2024 cap: 10.0%. 2025 cap: 10.0%. 2026 cap: 9.5%. The Department of Administrative Services publishes the figure each September. If the unpaid rent reflects an over-cap increase, the tenant has a complete defense.

E. Retaliation Defense (ORS § 90.385)

Notice served within six months of tenant complaints to government agencies, tenant-union activity, or successful defense of a prior FED is presumed retaliatory. Tenants may raise retaliation as both a defense to possession and an affirmative claim for damages and attorney fees.

F. Anti-Self-Help (ORS § 90.375)

Lockouts, utility shutoffs, removal of belongings, and other self-help eviction tactics expose the landlord to actual damages or two months' rent (whichever is greater) plus attorney fees. Always proceed by FED.

G. Local Ordinances

• Portland: Portland City Code § 30.01.085 (Mandatory Renter Relocation Assistance) generally does not apply to nonpayment terminations but does apply to no-cause and qualifying-landlord-reason terminations and to rent-increase-induced moves.
• Eugene: See Eugene Code Chapter 8.425 (Tenant Protections) for additional notice and process requirements.
• Milwaukie, Bend, and other municipalities have adopted local protections — verify before serving.

13. SOURCES AND REFERENCES

• ORS § 90.394 — Termination for failure to pay rent: https://oregon.public.law/statutes/ors_90.394
• ORS § 90.392 — Termination for cause: https://oregon.public.law/statutes/ors_90.392
• ORS § 90.155 — Service of written notice: https://oregon.public.law/statutes/ors_90.155
• ORS § 90.260 — Late charges: https://oregon.public.law/statutes/ors_90.260
• ORS § 90.323 — Maximum rent increase: https://oregon.public.law/statutes/ors_90.323
• ORS § 90.385 — Retaliatory conduct: https://oregon.public.law/statutes/ors_90.385
• ORS Chapter 90 (Residential Landlord and Tenant Act): https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
• ORS Chapter 105 (FED): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• HB 2001 (2023) — Pay-period extension and tenant-resources notice: https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2001
• SB 282 (2021) — COVID-era nonpayment protections: https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0282/Enrolled
• SB 608 (2019) — Statewide rent control and no-cause restrictions: https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB608
• SB 611 (2023) — Tightened qualifying landlord reasons: https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/SB611
• Oregon Real Estate Agency — 2025 Rent Cap Announcement: https://www.oregon.gov/rea/newsroom/pages/2024-oren-j/annual-maximum-rent-increase-10-percent-2025.aspx
• OSB Access to Justice — Legal Info for Landlords: https://www.osbar.org/_docs/public/pamphlets/LegalInfoforLandlords.pdf
• Oregon Law Help (tenant resources): https://oregonlawhelp.org