Free Oregon 10-Day Notice to Pay Rent or Quit

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Free Oregon 10-Day Notice to Pay Rent or Quit — overview

An Oregon 10-Day Notice to Pay Rent or Quit is the statutorily-mandated written notice a landlord must serve on a tenant who has failed to pay rent when due. The notice is governed by Or. Rev. Stat. sec. 90.394. The form on this page produces an Oregon-compliant notice; the rest of this guide walks through the statutory framework, the 10-day period mechanics, the proper service rules, and the mistakes that void notices.

▶ Watch: Oregon 10-Day Pay-or-Quit Notice explained

What this notice does

The 10-Day Notice to Pay Rent or Quit is the procedural mechanism an Oregon landlord uses to demand past-due rent before filing eviction. Without a properly-drafted, properly-served notice, the eviction action will be dismissed and the landlord must start over.

The notice does three things in one document. First, it demands the past-due rent. The amount must be precise to the cent. Late fees, utilities, repair charges, and other non-rent items cannot be included in the demand. A notice that overstates the amount owed is a defect that can void the entire eviction action.

Second, it gives the tenant a 10-day period to pay or vacate. The period runs from the date of service. Oregon courts strictly construe the timing; a notice computed incorrectly or filed too early voids the eviction.

Third, it documents the procedural foundation for the eviction lawsuit. The signed notice and proof of service are exhibits to the eviction complaint. The eviction action depends on the notice; defective notices defeat the action entirely.

The cost of getting this notice wrong is significant. A defective 10-day notice forces the landlord to start over — new notice, new 10-day period, new filing fees, additional weeks of lost rent. The form on this page handles the mechanics correctly.

Oregon legal framework

The 10-day pay-or-quit notice in Oregon is governed by Or. Rev. Stat. sec. 90.394. The notice period runs as calendar days.

Oregon offers the landlord a choice of two nonpayment notices under ORS 90.394(2): a 10-day notice, which may not be delivered before the eighth day of the rental period, or a 13-day notice, which may not be delivered before the fifth day. Serve either one too early and it is void even though the rent is genuinely unpaid. The older 72-hour and 144-hour periods that still circulate online were replaced in 2023 and are not the law; 72 hours now survives only for a week-to-week tenancy under ORS 90.394(1), given no sooner than the fifth day. SB 608 just-cause requirements apply after the first year of tenancy, and nonpayment is a tenant cause.

Service requirements. Oregon’s service rule is ORS 90.155, and it is shorter than the list most multi-state forms carry. A written notice under chapter 90 is served by personal delivery to the tenant; by first class mail; by first class mail and attachment to a designated location, but only where the written rental agreement provides for that method in both directions; or by electronic mail, and then only under a written addendum executed by both parties after the tenancy began and containing the statutory warning — and a termination notice sent by e-mail must also go by first class mail (ORS 90.155(5)). Two consequences follow. Mailing alone is authorised in Oregon, unlike in the states this form family was first written for; but service by mail extends the minimum notice period by three days and the notice must state the extension (ORS 90.155(2)). And there is no substituted service on another adult occupant, and no free-standing post-and-mail, in ORS 90.155 — those are other states’ rules.

Two content requirements almost every Oregon notice form omits

ORS 90.391 provides that a notice of termination of tenancy under any provision of chapter 90 must include the information required by ORS 408.515: a statement that if the recipient is a veteran of the armed forces assistance may be available from a county veterans’ service officer or community action agency, together with contact information for the county service officer and a community action agency serving the area — or a statement that that contact information may be obtained by calling a 2-1-1 information service. It is not optional and it applies to every termination notice, not only eviction notices.

And for nonpayment specifically, ORS 90.395 requires the landlord to deliver a copy of the notice the Judicial Department posts under ORS 105.136 — the rental assistance and support services notice — with any notice of termination for nonpayment and with any summons for a possession claim based on nonpayment. The sanction is severe: ORS 90.395(3) says the court shall enter a judgment dismissing a possession complaint based on a nonpayment notice if the landlord failed to deliver it. Add both to the notice before you serve.

Demand precision. The amount the tenant must pay to cure is the delinquent rent, and nothing else. Oregon is more specific than most states here: ORS 90.260(6) expressly allows the landlord to note the imposition of a late charge on a nonpayment notice, but only so long as the notice states or otherwise makes clear that the tenant may cure by paying only the delinquent rent, not including any late charge, within the allotted time. A notice that folds a late fee, a utility charge or a repair charge into the cure figure is defective. Nonpayment of a late charge alone is not grounds for a nonpayment termination at all (ORS 90.260(6)), though it can support a for-cause termination under ORS 90.392.

Documentation. Retain the signed notice, the proof of service, and any photographs of posting (if applicable) for at least four years. If the unlawful detainer is filed, the notice and proof become court exhibits. If the tenant pays before the deadline, the documentation supports the cure record.

Federal anti-discrimination overlay. The federal Fair Housing Act (42 U.S.C. sec. 3601 et seq.) and Oregon fair housing law prohibit eviction decisions based on race, religion, national origin, familial status, disability, or other protected characteristics. Pretextual rent demands targeting protected-class tenants give rise to fair-housing claims with statutory damages and attorney’s fees.

Anti-retaliation. ORS 90.385 bars a landlord from retaliating – by increasing rent, decreasing services, serving a termination notice, or bringing or threatening a possession action – after a tenant complains to a government agency about a building, health or housing code violation, makes a good-faith complaint to the landlord, organises or joins a tenants’ union, testifies against the landlord, successfully defends a possession action within the previous six months, or asserts any other tenant right. Note what Oregon does not do: ORS 90.385 creates no presumption of retaliation and no burden shift, so the tenant must prove the motive. The remedies are those in ORS 90.375, plus a defence to the possession action – and ORS 90.385(4)(c) lets the landlord proceed anyway where the tenant was in default in rent when the notice was served.

Counting the 10-day period

The 10-day notice period in Oregon runs as calendar days. Saturdays, Sundays, and holidays are counted; the 10 days are continuous from the date of service.

Worked example. A 10-day notice served on Tuesday starts the period the next day (Wednesday) and ends 10 calendar days later. Weekends and holidays are included in the count.

Service date. The day of service is generally not counted; the period begins the day after service. Personal service runs from the day after delivery; mail service may add additional days under Oregon statutory rules.

Cushion as best practice. Even when calendar days apply, giving a few extra days of cushion beyond the statutory minimum is good practice. The extra days work in the tenant’s favor and protect against any miscount.

Pay-or-quit notice form

Complete the form below to generate an Oregon-compliant 10-Day Notice to Pay Rent or Quit. The form computes the deadline and includes the required statutory disclosures. Serve in accordance with Oregon service rules.

Service rules

ORS 90.155 authorises personal delivery, first class mail, and mail-plus-attachment where the rental agreement provides for it. Text message, social media and verbal notification are not statutory methods; e-mail is available only under a written addendum executed after the tenancy began, and a termination notice sent by e-mail must also go by first class mail.

Personal delivery

The cleanest method. The notice is handed directly to the tenant. The 10-day period begins the day after personal delivery. No mail extension applies. Best practice: have a witness present, document the time and date, and complete a Proof of Service immediately.

First class mail

ORS 90.155(1)(b) authorises first class mail on its own – Oregon does not require personal service. The cost is time: ORS 90.155(2) extends the minimum notice period by three days when a notice is served by mail, and the notice must state the extension. So a mailed 10-day nonpayment notice effectively runs 13 days before the landlord may file. Payment mailed by the tenant within the notice period is also timely unless the narrow conditions in ORS 90.394(4) are all met.

Mail and attachment

Attaching a copy to the main entrance and mailing another copy is authorised by ORS 90.155(1)(c) only where the written rental agreement provides for it – and the agreement must provide for that method in both directions, describing the landlord’s designated location with particularity and keeping it available at all hours. Without that clause, posting on the door is not service in Oregon at all. Photographs of the attachment (with date stamp) are still worth keeping.

Proof of service

A Proof of Service of Notice must be completed by the person who served the notice. The proof states the date, time, location, method, and recipient (or substituted recipient) of service. The original signed proof is filed with the eviction complaint as an exhibit.

Documentation retention

Retain the signed original notice, the proof of service, and any photographs of posting (if applicable) for at least four years. If the eviction is filed, the notice and proof become court exhibits.

Common mistakes that void the notice

Overstating the amount demanded

The number-one defect. Including late fees, utilities, repair charges, or any non-rent items in the demand voids the notice. The demand must be for past-due rent only, precise to the cent.

Miscounting the 10-day period

Whether the days are business or calendar days, miscounting the period produces a defective notice. Verify the Oregon rule before computing the deadline. When in doubt, give an extra day of cushion.

Forgetting the three added days for mail

ORS 90.155(2) extends the minimum notice period by three days when the notice is served by mail, and the notice itself must state the extension. Filing on a mailed 10-day notice on day eleven rather than day fourteen is filing too early, and the case is dismissed.

Accepting partial payment after service

Accepting any portion of the rent demanded after serving the 10-day notice may waive the notice and require a fresh notice for the remaining balance. Best practice: do not accept any payment during the notice period unless it is the full demanded amount.

Using a non-statutory service method

Text, social media and verbal notification do not satisfy ORS 90.155. The authorised methods are personal delivery, first class mail, and mail plus attachment where the rental agreement provides for it. There is no substituted service in Oregon. E-mail works only under an executed addendum, and a termination notice sent by e-mail must also be sent by first class mail.

Filing the eviction action one day early

Computing the 10-day deadline correctly but filing the eviction one day before it expires defeats the entire action. Wait until the day AFTER the deadline expires to file.

Inconsistent landlord/agent identification

The notice must identify the landlord (or authorized agent) consistently with the lease and the eviction caption. A notice signed by “John Smith” when the lease lists “Smith Properties LLC” creates a chain-of-title defect.

Wrong tenant names

The notice must name all tenants on the lease. Omitting a co-tenant means the eviction cannot proceed against that co-tenant. List every adult tenant exactly as they appear on the lease.

Forgetting the Oregon just-cause provision

For just-cause states like Oregon, the notice must include or be supported by appropriate just-cause documentation. Verify with current Oregon statutes before issuing.

Ignoring local ordinances in Oregon

Cities with rent control or just-cause requirements layer additional procedural requirements on top of state law. Always verify with the local rent board before relying solely on state-level requirements.

Tenant rights and remedies

Oregon tenants served with a pay-or-quit notice have significant statutory and common-law rights. Understanding these helps landlords appreciate why procedural precision matters.

Right to cure by paying in full

If the tenant pays the full amount demanded within the 10-day period, the default is cured and the tenancy continues. The landlord cannot refuse a timely full payment.

Right to challenge an overstated demand

If the demand includes late fees, utilities, or non-rent charges, the tenant can refuse to pay the unlawful portion and defend the eviction on the basis that the notice was defective. Oregon courts strictly construe pay-or-quit notices in favor of the tenant.

Right to anti-retaliation protection

ORS 90.385 prohibits retaliatory eviction. A pay-or-quit notice issued in response to a tenant’s habitability complaint, code-enforcement contact, tenants’-union activity or fair-housing complaint gives the tenant a defence to the eviction and the remedies in ORS 90.375. Oregon creates no presumption of retaliation, so the tenant carries the burden of proving the motive – and under ORS 90.385(4)(c) a landlord may still bring the action if the tenant was in default in rent when the notice was served, unless the tenant has paid rent into court under ORS 90.370.

Right to fair housing protection

The federal Fair Housing Act (42 U.S.C. sec. 3601 et seq.) and Oregon fair housing law prohibit eviction decisions based on race, religion, national origin, familial status, disability, or other protected characteristics. Pretextual rent demands targeting protected-class tenants give rise to fair-housing claims with statutory damages and attorney’s fees.

Right to challenge defective notice

Defects in the notice — overstated amount, miscounted period, improper service, missing required disclosures — can be raised as affirmative defenses to the eviction. Oregon courts dismiss eviction actions based on defective notices, restarting the clock for the landlord.

Right to local jurisdiction protections

Tenants in rent-controlled or just-cause jurisdictions may have additional protections under local ordinances. These can include longer notice periods, additional disclosure requirements, mandatory mediation, or expanded just-cause categories. Verify with the local rent board for the specific protections applicable to the rental.

Bottom line for landlords. The cost of compliance is small — precise demand, correct period, proper service, no partial payment, accurate notice content. The cost of getting it wrong is a dismissed eviction, additional weeks of lost rent, attorney’s fees, and (in retaliation/fair-housing cases) statutory damages.

Oregon statute reference table

Local rent control ordinances may layer additional notice and procedural requirements on top of state law. Always verify with the local rent board before relying solely on state-level requirements.

Frequently asked questions

Related Resources

• Oregon late fee laws
• Oregon eviction notice laws
• Oregon landlord tenant laws
• Oregon habitability laws
• Oregon security deposit laws
• Eviction notice laws by state

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This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Oregon eviction law is technical and outcomes are heavily fact-dependent. Always verify current requirements with Oregon statutes as currently in effect, the applicable local rent board (if any), and a qualified Oregon landlord-tenant attorney before relying on this notice in any contested eviction. Review Oregon eviction notice laws.