With Oregon's residential Landlord-Tenant law as it is, it is very important for residential Landlords to know when and how they can lawfully terminate a tenant's rental agreement and take possession of the premises. The following contains a brief, non-exhaustive look at a residential Landlord's causes of termination of a rental agreement.
1. Oregon law (ORS 90.392) provides that a Landlord can terminate a rental agreement "for cause," and upon notice to the tenant, in the following circumstances: (i) there is a material violation by the tenant of the rental agreement (e.g., nonpayment of a late charge); (ii) there is a material violation by the tenant of his or her duties under Oregon law (e.g., failing to use the premises in a reasonable manner - see ORS 90.325); or (iii) the tenant fails to pay rent. However, ORS 90.392 provides that if the violation can be cured by the tenant by a change in conduct, repairs, payment of money, or otherwise, the rental agreement does not terminate if the tenant cures within a specific time.
2. Oregon law (ORS 90.394) also provides that a Landlord can terminate a rental agreement, upon notice to the tenant, for nonpayment of rent. How far in advance such notice must be given depends on the type of tenancy at issue (e.g., week-to-week or month-to-month), but may be less than a "for cause" (ORS 90.392) termination. ORS 90.394 also allows a tenant to cure the nonpayment of rent within a specific time, and if the tenant does so, the rental agreement will not terminate.
3. In certain circumstances, termination of a rental agreement is justified 24 hours after notice is given to the tenant (ORS 90.396). Such termination is allowed, for example, when a tenant, someone in the tenant's control, or the tenant's pet seriously threatens to inflict "substantial personal injury," creates a serious risk of substantial personal injury, or actually inflicts substantial personal injury on another person on the premises or in the immediate vicinity of the premises. Generally speaking, such violations are not curable. (See ORS 90.396 for more detail.)
4. Finally, Oregon law (ORS 90.427) provides that a Landlord can terminate a rental agreement, upon notice to a tenant, for no reason at all. How far in advance notice must be given for such a "no cause" termination depends on the type of tenancy. Notice must generally be given at least 10 days before the termination date in the case of week-to-week tenancies, not less than 30 days before the termination date in the case of month-to-month tenancies that have been in effect for one year or less, and not less than 60 days before the termination date in the case of month-to-month tenancies that have been in effect over one year. Note that different rules may apply in certain locations throughout the State - e.g., in Portland, Oregon.
(Please also note that different termination rules may apply to manufactured-dwelling-park and floating-home-marina spaces.)
If you are interested in learning more about a Landlord's causes of termination (including exactly how the time periods for notices are calculated or what information a particular notice must contain), or are a Landlord in need of legal assistance or advice, please do not hesitate to contact me.