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Oregon Month-to-Month Lease Agreement

An Oregon month-to-month rental agreement is a lease that renews monthly until amended or terminated by the landlord or tenant. The contract can only be canceled by written notice of at least 30 days (or 90 days in Portland and Milwaukie).
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Updated November 07, 2024

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Minimum Termination Period: Depends on the tenancy period:

  • Week-to-Week Tenancy: 7 days’ notice.[1]
  • Month-to-Month Tenancy:
    • One year or less: 30 days’ notice[2][3] (Milwaukee[4] and Portland[5] are 90 days)
    • One year or more: 90 days’ notice with or without cause.[6]

Terminating Without Cause (1-Year or Longer)

Allowed exemptions:

  • Landlord’s primary residence. The landlord’s primary residence is in the same building or on the same property as the tenant and only has two or fewer residential units.[7]
  • Selling (separately). The owner has accepted an offer to sell a residence separately from the other units on the property.[8]
  • Primary residence (buyer). A buyer purchasing the property intends to use it as their own primary residence,[9] and 120 days is provided. Evidence of the offer must be given to the tenant.[10]

Terminating With Cause (1-Year or Longer)

Allowed reasons:

  • Demolish. The landlord intends to demolish the property or convert it to commercial use.[11]
  • Repairs and renovations. If the landlord intends to undertake repairs and renovations within a reasonable time and the property is unfit or unsafe for occupancy during such time.[12]
  • Primary residence. The landlord, or their immediate family, intends to occupy the property as their primary residence and the landlord does not own a comparable unit in the same building that is available at the same time of occupancy.[13]
  • Purchase offer accepted. Accepted an offer to purchase the property from a buyer who intends to use it as their primary residence and provided written evidence of such contract and 120 days’ notice.[14]

Notice Requirements

  1. Reason for termination. Include the “just-cause” reason for termination;
  2. Specific date. Must mention a specific date at least 90 days after the notice date;[15] and
  3. One month’s rent (conditional). Include a payment of one month’s rent EXCEPT if the landlord owns 4 or fewer residential units in Oregon.[16] Ownership is defined as having all or part of the legal title to a property,[17] including beneficial interest through an entity.[18]

Increasing Rent

A landlord cannot:

  • Increase rent within the first year of a tenancy;
  • Increase rent after the first year without issuing 90 days’ notice;
  • Increase rent by more than 7% plus the consumer price index;
  • Reset rent after terminating a month-to-month lease to an amount more than 7% plus the consumer price index above the previous rate[19]

Sample

Download: PDF, MS Word, ODT

Sources

  1. ORS § 91.050
  2. ORS § 91.070
  3. ORS § 90.427(3)
  4. Milwaukee Code § 5.60.030(a)
  5. Portland Code § 30.01.085
  6. ORS § 90.427(6)
  7. ORS § 90.427(5)
  8. ORS § 90.427(8)(a)(C)(i)
  9. ORS § 90.427(8)(a)(C)(ii)
  10. ORS § 90.427(8)(a)(C)(iii)
  11. ORS § 90.427(5)(a)
  12. ORS § 90.427(5)(b)
  13. ORS § 90.427(5)(c)
  14. ORS § 90.427(5)(d)
  15. Access to Justice (New Rules for Landlords)
  16. ORS § 90.427(5)(C)(b)
  17. ORS § 90.427(34)
  18. Access to Justice (New Rules for Landlords)
  19. ORS § 90.323(3)