10 Day Notice to Remedy Reoccurring Breach - Other than Nonpayment of Rent - Residential
90.400 Effect of tenant noncompliance with rental agreement
or failure to maintain premises; failure to pay rent; damage to persons
or property.
(1)
(a) Except as provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement, a noncompliance
with ORS 90.325 materially affecting health and safety, a material noncompliance
with a rental agreement regarding a program of recovery in drug and alcohol
free housing or a failure to pay a late charge pursuant to ORS 90.260 or
a utility or service charge pursuant to ORS 90.315 (4) or 90.510 (8), the
landlord may deliver a written notice to the tenant terminating the tenancy
for cause as provided in this subsection. The notice shall specify the
acts and omissions constituting the breach and shall state that the rental
agreement will terminate upon a date not less than 30 days after delivery
of the notice. If the breach is remediable by repairs, payment of damages,
payment of a late charge or utility or service charge, change in conduct
or otherwise, the notice shall also state that the tenant can avoid termination
by remedying the breach within 14 days.
(b) If the breach is not remedied in 14 days, the rental agreement
shall terminate as provided in the notice subject to paragraphs (c) and
(d) of this subsection.
(c) If the tenant adequately remedies the breach before the date
for remedying the breach as specified in the notice, the rental agreement
shall not terminate.
(d) If substantially the same act or omission which constituted
a prior noncompliance of which notice was given pursuant to paragraph (a)
of this subsection recurs within six months, the landlord may terminate
the rental agreement upon at least 10 days' written notice specifying the
breach and the date of termination of the rental agreement.
(e) In the case of a week-to-week tenancy, the notice periods in:
(f) In residential tenancies subject to ORS 90.505 to 90.840, the time
lines provided in paragraphs (b) and (d) of this subsection will be governed
by the time lines in ORS 90.630 (3).
(2) The landlord may immediately terminate the rental agreement for
nonpayment of rent and take possession of the dwelling unit in the manner
provided in ORS 105.105 to 105.168 after written notice, as follows:
(a) In the case of a week-to-week tenancy, by delivering
to the tenant at least 72 hours' written notice of nonpayment and the landlord's
intention to terminate the rental agreement if the rent is not paid within
that period. The landlord shall give this notice no sooner than on the
fifth day of the rental period, including the first day the rent is due.
(b) In the case of all other tenancies, by delivering to the tenant:
(B) If a written rental agreement so provides, at least 144 hours'
written notice of nonpayment and the landlord's intention to terminate
the rental agreement if the rent is not paid within that period. The landlord
shall give this notice no sooner than on the fifth day of the rental period,
including the first day the rent is due.
(c) The notices described in this subsection shall also specify
the date and time by which the tenant must pay the rent to cure the nonpayment
of rent.
(d) Payment by a tenant who has received a nonpayment of rent notice
under this subsection is timely if mailed to the landlord within the period
of the notice unless:
(3) The landlord, after 24 hours' written notice specifying the causes,
may immediately terminate the rental agreement and take possession in the
manner provided in ORS 105.105 to 105.168, if:
(a) The tenant, someone in the tenant's control or the
tenant's pet seriously threatens immediately to inflict personal injury,
or inflicts any substantial personal injury, upon the landlord or other
tenants;
(b) The tenant, someone in the tenant's control, or the tenant's
pet inflicts any substantial personal injury upon a neighbor living in
the immediate vicinity of the premises or upon a person other than the
tenant on the premises with permission of the landlord or another tenant;
(c) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises;
(d) The tenant has vacated the premises, the person in possession
is holding contrary to a written rental agreement that prohibits subleasing
the premises to another or allowing another person to occupy the premises
without the written permission of the landlord, and the landlord has not
knowingly accepted rent from the person in possession; or
(e) The tenant or someone in the tenant's control commits any act
which is outrageous in the extreme, on the premises or in the immediate
vicinity of the premises. An act that is "outrageous in the extreme" is
an act not described in paragraphs (a) to (c) of this subsection, but is
similar in degree and is one that a reasonable person in that community
would consider to be so offensive as to warrant termination of the tenancy
within 24 hours, considering the seriousness of the act or the risk to
others. Such an act is more extreme or serious than an act that warrants
a 30-day termination under subsection (1) of this section. An act that
is "outrageous in the extreme" includes, but is not limited to, the following
acts:
(4) Someone is in the tenant's control, as that phrase is used in subsection
(3) of this section, when that person enters or remains on the premises
with the tenant's permission or consent after the tenant reasonably knows
or should know of that person's act or likelihood to commit any act of
the type described in subsection (3)(a), (b), (c) and (e) of this section.
(5) The landlord's 24 hours' written notice given under subsection
(3)(d) of this section shall not be construed as an admission by the landlord
that the individual occupying the premises is a lessee or sublessee of
the landlord.
(6) With regard to "acts outrageous in the extreme" as described
in subsection (3)(e) of this section, an act can be proven to be outrageous
in the extreme even if it is one that does not violate a criminal statute.
In addition, notwithstanding the reference in subsection (3) of this section
to existing criminal statutes, the landlord's standard of proof in an action
for possession under this subsection remains the civil standard, proof
by a preponderance of the evidence.
(7) If a good faith effort by a landlord to terminate a tenancy
pursuant to subsection (3)(e) of this section and to recover possession
of the rental unit pursuant to ORS 105.105 to 105.168 fails by decision
of the court, the landlord shall not be found in violation of any state
statute or local ordinance requiring the landlord to remove that tenant
upon threat of fine, abatement or forfeiture as long as the landlord continues
to make a good faith effort to terminate the tenancy.
(8) If a tenant living for less than two years in drug and alcohol
free housing uses, possesses or shares alcohol, illegal drugs, controlled
substances or prescription drugs without a medical prescription, the landlord
may deliver a written notice to the tenant terminating the tenancy for
cause as provided in this subsection. The notice shall specify the acts
constituting the drug or alcohol violation and shall state that the rental
agreement will terminate in not less than 48 hours after delivery of the
notice, at a specified date and time. The notice shall also state that
the tenant can cure the drug or alcohol violation by a change in conduct
or otherwise within 24 hours after delivery of the notice. If the tenant
cures the violation within the 24-hour period, the rental agreement shall
not terminate. If the tenant does not cure the violation within the 24-hour
period, the rental agreement shall terminate as provided in the notice.
If substantially the same act that constituted a prior drug or alcohol
violation of which notice was given reoccurs within six months, the landlord
may terminate the rental agreement upon at least 24 hours' written notice
specifying the violation and the date and time of termination of the rental
agreement. The tenant shall not have a right to cure such a subsequent
violation.
(9) Except as provided in this chapter, a landlord may pursue any
one or more of the remedies listed in this section, simultaneously or sequentially.
(10) Except as provided in this chapter, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the tenant
with the rental agreement or ORS 90.325.
