No-Cause Eviction in Oregon: First-Year Window and Notice Rules

A no-cause eviction in Oregon is legal only in narrow circumstances. Under ORS 90.427, a landlord can end a tenancy without stating a reason during the tenant’s first year of occupancy, and after that only if the landlord lives on a property with no more than two units. In every other situation, ending a tenancy after the first year requires a specific qualifying reason, a longer notice period, and often a relocation payment.¹

The First-Year Window

During a tenant’s first 12 months in the unit, a landlord can terminate a month-to-month tenancy without giving any reason. The notice must be in writing and must give at least 30 days before the termination date. For a fixed-term lease that expires within that first year, the same 30-day written notice applies, measured from either the lease’s end date or the date stated in the notice, whichever comes later.¹

How the first year gets counted matters, especially in shared households. Oregon defines the first year of occupancy as any period during which any current tenant has lived in the unit for one year or less. If one roommate has been there 14 months, the first-year window is closed for the whole unit, even if the others just moved in. The clock only resets when every original tenant leaves and a completely new tenancy begins under a fresh agreement.¹

After the First Year, a Reason Is Required

Once any tenant has occupied the unit for more than 12 months, no-cause termination is off the table for most landlords. The tenancy can only end for cause, such as nonpayment or a lease violation, or for one of four qualifying landlord reasons in ORS 90.427(5). Each of those reasons requires at least 90 days’ written notice, and the notice must state the reason along with supporting facts.¹

The four qualifying reasons are:

Demolition or conversion of the unit to a non-residential use within a reasonable time.
Major repairs or renovations that would make the unit unsafe or unfit to live in during the work.
The landlord or an immediate family member intends to move in as their primary residence, and the landlord does not own a comparable vacant unit in the same building.
The landlord has accepted an offer from a buyer who intends to live in the unit as a primary residence, the unit is being sold separately from any other unit, and the landlord provides the tenant written evidence of the offer within 120 days of accepting it.

A landlord who invokes one of these reasons has to follow through. Claiming a family member will move in and then re-renting the unit to someone else exposes the landlord to significant penalties.¹

The Owner-Occupied Duplex Exception

One major exception survives past the first year. If the landlord lives on the same property as the tenant and the property contains no more than two dwelling units, the landlord can still issue a no-cause notice. This covers the classic scenarios of a homeowner renting out half a duplex or renting out an accessory dwelling unit on their lot. The landlord’s unit must be their primary residence.¹

The notice period under this exception is 60 days for a month-to-month tenancy. A shorter 30-day option applies if the landlord has accepted an offer from a buyer who intends to occupy the property as a primary residence and provides written evidence of the offer. Properties with three or more units do not qualify, even if the landlord lives on site.¹

Relocation Payment

When a landlord terminates after the first year using one of the qualifying landlord reasons, state law requires payment of one month’s rent as relocation assistance, and that payment must accompany the notice. Landlords who own four or fewer residential dwelling units are exempt from this state-level payment.¹

Portland is different. Under City Code 30.01.085, Portland landlords must pay relocation assistance for no-cause terminations, qualifying landlord reason terminations, lease non-renewals on substantially different terms, and rent increases of 10% or more over a rolling 12-month period. The four-or-fewer state exemption does not carry over to Portland; the city’s rules apply regardless of how many units the landlord owns.²

Portland’s payment amounts run by unit size:

Studio or SRO: $2,900
One bedroom: $3,300
Two bedrooms: $4,200
Three bedrooms or larger: $4,500

The payment must be made at least 45 days before the termination date. Failing to pay can give the tenant a legal basis to remain in the unit and may expose the landlord to additional penalties.³ Portland offers limited exemptions for landlords who live in one unit of a duplex, landlords with an on-site ADU, and landlords temporarily renting their own home for three years or less, but these require an application to the city and are not automatic.⁴

How the Notice Must Be Delivered

A termination notice that isn’t properly delivered is legally worthless. ORS 90.155 allows service by personal delivery, first-class mail, or, if the rental agreement allows it, a combination of first-class mail and attachment to a designated location. Electronic mail is available only in limited circumstances. If the landlord mails the notice rather than delivering it in person, Oregon law adds three days to the notice period.⁵

Penalties When a Landlord Breaks the Rule

A tenant terminated in violation of the post-first-year rules can recover three months’ rent plus any actual damages under ORS 90.427(9). The tenant also has a complete defense to any eviction the landlord files. The claim must be brought within one year of the date the tenant knew or should have known about the violation.¹

Retaliation is separately prohibited. A landlord cannot terminate a tenancy because the tenant complained to a government agency about building or safety conditions, organized with other tenants, testified in a legal proceeding against the landlord, or asserted legal rights such as requesting a disability accommodation. A retaliatory motive is a defense to the eviction regardless of what type of notice was used.

If the Tenant Doesn’t Leave

Even with a valid notice, a landlord who wants a tenant out cannot change the locks, shut off utilities, or physically remove them. The only lawful route is a court eviction case, called a forcible entry and detainer in Oregon. The landlord files a summons and complaint, and the court schedules a first appearance about 7 to 15 days later. If the tenant contests and the parties don’t settle, a contested trial follows in roughly another 15 to 30 days.⁶

A landlord who tries to force a tenant out without going through the courts can be ordered to pay the tenant up to two months’ rent or twice their actual damages, whichever is greater, plus the return of all deposits and prepaid rent.

1
Oregon Public Law. Oregon Code 90.427 – Termination of Tenancy Without Tenant Cause
2
City of Portland. HOU-3.05 – Mandatory Relocation Assistance Exemption Eligibility and Approval Process
3
Portland.gov. Portland City Code 30.01.085 – Portland Renter Additional Protections
4
Portland.gov. Mandatory Renter Relocation Assistance
5
Oregon Public Law. Oregon Code 90.155 – Service or Delivery of Written Notice
6
Oregon Judicial Department. Residential Eviction