Skip to content
Map of Oregon eviction risk by county

Late Rent Notice Requirements in Oregon 2025

Grace period, late fee cap, and pay-or-quit notice rules , ORS § 90.394

4 days Grace period before late fee / notice
10 days Pay-or-quit notice period
$100 flat or 5% of rent per month Late fee cap
$1,268/mo Statewide median gross rent (ACS 2023)
Oregon Quick Rule: 4-day grace period after rent is due; landlord cannot give a 13-day notice until day 5. Late fee (if in lease) capped at $100 flat or 5% of monthly rent per period.
Authority: ORS § 90.394

Before you can file to evict an Oregon tenant for unpaid rent, you must serve a written nonpayment-of-rent termination notice under ORS 90.394 and let the notice period run. Oregon has no generic federal pay-or-quit form to fall back on; the state statute is prescriptive, and a notice served too early, too short, or with the wrong dollar figure will get your case dismissed. In 2023, HB 2001 lengthened these notice periods, so the old 72-hour and 144-hour notices you may remember no longer apply to standard monthly tenancies. This page walks through when you can serve, how long you must wait, how to deliver it, and the tenant's right to cure.

When you can serve and how many days to give

Rent must actually be late before any notice is valid. For a tenancy that is not week-to-week (the typical month-to-month or fixed-term lease), ORS 90.394 gives you two options:

For a week-to-week tenancy, you serve a 72-hour notice no sooner than the 5th day of the rental period. Either way, rent must be at least five days late before the clock can start. Choose one option and stick with it; you cannot blend the two timelines.

What the notice must say

Content is where landlords lose. Under ORS 90.394, the notice must state (1) that rent is unpaid, (2) the exact amount of rent the tenant must pay to cure, and (3) the date and time by which payment must be made. Get the math right: demand only rent, not late fees, utilities, or damages rolled into one number. You may note a late charge on the notice, but only if the notice makes clear the tenant can cure by paying the delinquent rent alone, not the late fee. If you serve by mail, the notice must also reflect the extra three days described below.

How to deliver the notice

Service is governed by ORS 90.155. You may deliver the notice by personal delivery to the tenant, by first class mail, or by first class mail plus attachment to the main entrance of the dwelling if the written rental agreement authorizes attachment. If you use first class mail, the compliance period is extended by three days, and the notice itself must state that extension. Email is allowed only if both parties signed a written addendum after the tenancy began, and even then the notice must also go out by first class mail. Keep proof of how and when you served it; you will need it to file.

The tenant's right to cure

A nonpayment notice is a pay-or-quit notice: if the tenant pays the full delinquent rent within the notice period, the default is cured and the termination is void. Payment is timely if you actually receive it in time, and in some cases if the tenant mails it within the notice window when no in-person payment location is available. You cannot refuse a full, timely cure payment and proceed to eviction. Only if the tenant fails to pay by the stated deadline may you file a forcible entry and detainer (FED) action using the Oregon Judicial Department forms.

Late fees and common mistakes

Under ORS 90.260 and SB 611 (2023), a percentage-based late fee is capped at 10% of the rent, a flat fee must be reasonable, and no late fee may be charged until rent is at least four days late. Critically, nonpayment of a late fee alone cannot be the basis for a nonpayment eviction under ORS 90.394. The recurring landlord errors: serving before rent is five days late, demanding late fees or other charges as if they were rent, using an outdated 72-hour form on a monthly tenancy, and forgetting the three-day mail extension. Any one of these can sink the case. Just-cause termination rules under SB 608 are separate; this notice covers unpaid rent only.

The Pay-or-Quit Notice Process in Oregon

Once rent is late and the 4-day grace period has expired, the landlord must serve a formal 10-day pay-or-quit notice (O.R.S. § 90.394) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Oregon court.

Fill-In Notice Template, Oregon

NOTICE TO PAY RENT OR QUIT OREGON TO: [Tenant Full Name(s)] PROPERTY ADDRESS: [Street Address, City, OR ZIP] NOTICE IS HEREBY GIVEN that rent is past due for the following period: Rental Period: [Month and Year] Monthly Rent: $[RENT AMOUNT] Balance Due: $[TOTAL OWED] The 4-day grace period under ORS § 90.394 has expired. YOU HAVE 10 DAYS from the date this notice is served to either: (1) Pay the full balance of $[TOTAL OWED] to: [Landlord name and payment address or method] OR (2) Vacate and surrender possession of the premises. FAILURE to comply within 10 days will result in eviction proceedings being filed in Oregon court pursuant to O.R.S. § 90.394. Date Served: [Date] Landlord: [Printed Name] Signature: ___________________________ Phone: [Contact Number]

This summary reflects Oregon Revised Statutes ORS 90.394 (nonpayment termination), ORS 90.155 (service of notice), and ORS 90.260 as amended by SB 611 (2023), together with the notice-period changes made by HB 2001 (2023). Statutes and court forms change; confirm current text on the Oregon Legislature and Oregon Judicial Department websites and consult a landlord-tenant attorney before filing. This is general information, not legal advice.

Frequently Asked Questions

How many days is an Oregon nonpayment-of-rent notice?

For non-week-to-week tenancies, ORS 90.394 gives two choices: a 10-day notice served no sooner than the 8th day of the rental period, or a 13-day notice served no sooner than the 5th day. Week-to-week tenancies use a 72-hour notice served no sooner than the 5th day. Add three days if you serve by first class mail.

Can I still use a 72-hour notice in Oregon?

Only for week-to-week tenancies. HB 2001 (2023) eliminated the 72-hour and 144-hour nonpayment notices for standard monthly and fixed-term tenancies and replaced them with the 10-day and 13-day options under ORS 90.394.

When can I serve the notice after rent is due?

Rent must be at least five days late. You cannot serve before the 5th day of the rental period (for the 13-day or 72-hour options) or before the 8th day (for the 10-day option), counting the first day rent is due as day one.

Do I add days if I mail the notice?

Yes. Under ORS 90.155, serving by first class mail extends the compliance period by three days, and the notice must state that extension. Personal delivery does not add days.

Can I include late fees in the amount the tenant must pay to cure?

No. The notice must let the tenant cure by paying only the delinquent rent. You may note a late charge, but the tenant must be able to stop the termination by paying rent alone. Late fees are capped at 10% under ORS 90.260 and SB 611, and unpaid late fees cannot by themselves support a nonpayment eviction.

What happens if the tenant pays within the notice period?

The default is cured and the termination is void. You must accept a full, timely payment of the delinquent rent and cannot proceed to eviction. Only if the tenant fails to pay by the stated date and time may you file an FED action in circuit court.

Related Guides for Oregon Landlords

← Oregon Eviction Risk Overview Oregon Eviction Notice Templates Oregon Security Deposit Limits Oregon Rent Increase Calculator Late Rent Rules, All States

Data sourced from Oregon published statutes (O.R.S. § 90.394), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 27, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.