How To Check if Your Landlord’s Termination Notice Is Legal
If you rent in Oregon and your landlord wants you to move out, they must follow certain steps set by Oregon laws. This article explains the first step: the eviction notice. It will help you check if your landlord's notice follows the rules.
If your landlord did not follow the rules, the notice might not be legal. This could mean you do not have to move out yet, and it may give you a defense if your landlord takes you to eviction court.
Did your landlord tell you in writing they want you to move out?
If your landlord doesn't give you a piece of paper that says they want you to move out, they haven't given you a legal notice. (See Oregon Revised Statutes (ORS) 90.155 and ORS 90.392 - 90.445.)
Did your landlord deliver the notice in the right way?
Your landlord must give you a copy by either:
- Handing you the notice,
- Mailing it to you by regular, USPS mail,
- Posting it on your door and then mailing you a copy (but only if your rental agreement says they can do this), or
- Emailing it to you and then mailing it to you (but only if you signed something saying you agree to get email notices).
Does your landlord's notice include information for veterans?
All notices (including notices for renters who aren't veterans) must include information for veterans on where to find community resources. ORS 90.391.
Does your landlord's notice tell you the exact date (and sometimes time) you must move out by?
Your landlord's notice must always state the exact date you must move out by.
- Right: January 1, 2026.
- Wrong: 30 days from now.
In some situations, your landlord's notice must also include the exact time you must move out by. This rule applies if you're being evicted for:
- Not paying rent.
- Engaging in outrageous or criminal conduct (including domestic violence, sexual assault, or stalking).
- Using drugs or alcohol when you live in drug and alcohol free housing.
- Being an unauthorized occupant (squatter).
In these situations, your landlord must also specify the time you have to move out. For example:
- Right: "You must move out by January 1, 2024, at 11:59 p.m."
- Wrong: "You must move out within 10 days of the date of the notice," or "You must move out by January 1, 2024."
Did your landlord follow all of these rules?
If not, your landlord's notice is probably incorrect. If you want to stay in your rental or delay moving out, here are some options:
- Talk to your landlord. Explain why their notice isn't correct and ask them to withdraw it. Your landlord can give you a new notice later, but they'll have to give you more time to move.
- Talk to an outside expert. Try calling the Community Alliance of Tenants hotline, or if you are low-income, Oregon's Eviction Defense Project. These programs provide free help to tenants facing eviction in Oregon.