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Oregon 10/13 Day Notice to Quit Form | Non-Payment of Rent

An Oregon 10-/13-day notice to pay or quit is a written notice informing a tenant of a landlord's intent to terminate the lease for non-payment of rent. A 13-day notice must be used when rent is five days late, but a 10-day notice may be used when rent is eight or more days late. The notice is required before a landlord files a complaint with the court.
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Laws

  • Notice Period: 10 days (when rent is 8 or more days late) or 13 days (when rent is 5-8 days late).[1]
  • Rent Grace Period: 4 days.[2]
  • Maximum Late Fee: 5% of the periodic rent or an otherwise “reasonable amount” for that rental market.[3]
  • Required Notice: All notices for non-payment must also include the Oregon Judicial Department’s required rental assistance notice.[4]

Delivery Options (4)

  1. Delivering the notice personally to the tenant;
  2. Sending by first-class mail;
  3. Posting the notice to the dwelling door AND sending by mail (if allowed under the lease); or
  4. Emailing the notice to the tenant (if allowed under the lease).[5]

Timing

The notice must specify the exact date and time that it expires. The first day is the day after notice is given. Any mailed notices must accommodate three additional days to the minimum time required by law. The last day shall not end until midnight.[6]

Waiver of Landlord’s Right to Terminate

If the landlord accepts a partial rent payment during the notice period, this constitutes a waiver of their right to terminate the lease, unless the landlord and tenant have also agreed in writing that the partial payment does not constitute a waiver.[7]

Sample

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