Oregon 10-Day Notice for Nonpayment of Rent: Delivery and Tenant Options

In Oregon, a 10-day notice for nonpayment of rent is the written warning a landlord must deliver before filing an eviction case, telling the tenant the exact amount of unpaid rent and giving a specific date and time — at least 10 days out — to pay in full or lose the tenancy. The rules on when it can be served, what it must say, and how it must be delivered are strict, and a landlord who misses any of them can have the eviction case dismissed.¹

When a Landlord Can Serve the Notice

Oregon law forces a waiting period after rent is late. For month-to-month, year-to-year, and fixed-term tenancies, the earliest a 10-day notice can be served is the eighth day of the rental period, counting the day rent is due as day one.¹ If rent is due on the 1st of the month, the earliest a landlord can hand a tenant a 10-day notice is the 8th.

The statute also allows a 13-day notice, which can be served starting on the fifth day of the rental period. It’s the same law, just a different combination of waiting period and cure period. Week-to-week tenants operate under a separate rule and receive a 72-hour notice, not the 10-day version described here.

A 10-day notice served too early is defective. If a landlord serves it on day 6 or day 7, any eviction that follows can be dismissed on that basis alone.

What the Notice Must Contain

Three items are required by statute:¹

The exact dollar amount of unpaid rent. A vague reference to an “outstanding balance” doesn’t satisfy the requirement.
A specific date and time by which the tenant must pay — for example, “by 5:00 p.m. on July 18, 2026,” not “within 10 days.”
A statement that the landlord intends to terminate the rental agreement if the rent isn’t paid by that deadline.

On top of the notice itself, the landlord must serve the tenant with the court-published “Notice re: Eviction for Nonpayment of Rent” form available at www.courts.oregon.gov/forms. Skipping it requires the court to dismiss the eviction complaint.² The notice must also include the veterans’ services information required by state law. Using the official court form is the safest way for a landlord to be sure nothing is missing.

How It Must Be Delivered

Oregon recognizes two delivery methods:³

Personal delivery. The landlord or their agent physically hands the notice to the tenant, and the notice period runs from that moment.
Post and mail. The landlord attaches a copy to the main entrance of the tenant’s unit and, on the same day, mails another copy by first-class mail.

Post-and-mail service adds three days to the notice period to account for mail delivery. A 10-day notice becomes effectively a 13-day notice, and the written deadline on the notice itself must reflect the longer window. A landlord who post-and-mails a notice that gives only 10 days has served a defective notice. Any other method of delivery, or forgetting either half of the post-and-mail combination, is also grounds for dismissal.

How to Respond as a Tenant

Pay the Full Amount

Paying every dollar listed on the notice before the deadline ends the matter. Once the landlord receives full payment within the notice period, the tenancy continues and the landlord cannot proceed with an eviction based on that notice.⁴

One detail tenants often miss: if you mail your payment, it counts as timely as long as it goes into the mail within the notice period. The landlord doesn’t have to receive it before the deadline expires.¹ The mailing rule doesn’t apply when the notice was personally served and both the rental agreement and the notice specify a particular payment location. In that case, the payment must physically arrive at that location by the deadline.

Move Out Before the Deadline

Vacating before the notice period expires stops the eviction case, but it doesn’t wipe out the debt. The landlord can still pursue the unpaid rent through a separate collections action.

Stay and Contest

If the notice looks defective — wrong amount, served too early, missing the required court form, delivered by an unauthorized method — a tenant can stay in the unit and challenge the eviction in court. This is a calculated risk. If the judge finds the notice valid and the rent unpaid, the tenant faces a judgment for possession and will likely owe the landlord’s court costs on top of the rent.

What Partial Payment Does

If a landlord accepts a partial rent payment after serving the notice, that acceptance generally waives the right to terminate the tenancy based on that notice.⁴ The eviction process resets. The tenant still owes the remaining balance, but the landlord has to serve a new notice to pursue eviction again.

The exception is a partial payment the landlord received before serving the notice. That earlier payment doesn’t trigger the waiver. Landlords who want to preserve their right to evict should refuse any rent payment after delivering the notice unless they intend to cancel the termination.

After the Deadline Expires

If the deadline passes with no payment and no move-out, the landlord’s next step is filing a Forcible Entry and Detainer (FED) complaint in the county where the property sits. A valid, properly served notice whose deadline has expired is a prerequisite. Without one, the court dismisses the case.²

Even after the case is filed, a tenant who pays the full amount of unpaid rent before trial requires the court to dismiss the complaint. Payment from a rental assistance program counts. The landlord can still recover filing fees from the tenant, but the eviction itself goes away.² Keep a written record of any payment attempt. If the landlord refuses to accept it, document the refusal in writing.

Lockouts and Shutoffs Are Illegal

No matter how far behind on rent a tenant is, the landlord cannot skip the legal process. Changing the locks, removing a tenant’s belongings, and shutting off utilities are all illegal in Oregon. A landlord who tries any of these gives the tenant real remedies: a court order restoring possession, money damages, and the return of security deposits and prepaid rent.⁴ The tenant doesn’t need to terminate the rental agreement to sue for damages.

Subsidized Housing Has a Longer Federal Notice

If you live in public housing, low-income tax credit housing, rural development housing, or a unit where a voucher pays part or all of the rent, federal law overrides the Oregon timeline. The CARES Act requires landlords of covered properties to give at least 30 days’ written notice before filing a nonpayment eviction — not 10 or 13.⁵ The 30-day requirement remains in effect as of 2026.

For HUD-assisted properties specifically, the termination notice must also include an itemized breakdown of rent owed by month, instructions on how to cure the nonpayment, and information about income recertification and hardship exemptions.⁶ A tenant in subsidized housing who gets a standard Oregon 10-day notice may have a valid defense in court because the landlord failed to provide the federally required 30-day period.

What an Eviction Case Does to Your Record

An eviction case can show up on tenant screening reports for as long as seven years, whether or not the landlord wins.⁷ The filing itself creates a court record that screening companies pick up. Even a dismissed case can appear, though some states allow sealing or expungement of certain court records.

That’s why paying before trial, and getting the case dismissed, matters beyond keeping the current apartment. A judgment for eviction is far harder to explain to future landlords than a filed-and-dismissed case. If there’s any path to paying the full amount before the case reaches trial, take it.

1
Oregon State Legislature. Oregon Revised Statutes 90.394 – Termination of Tenancy for Failure to Pay Rent
2
Oregon Judicial Department. Residential Eviction Information for Landlords
3
Oregon State Legislature. Oregon Revised Statutes 90.155 – Service or Delivery of Written Notice
4
Oregon State Legislature. Oregon Revised Statutes 90 – Residential Landlord and Tenant
5
Federal Register. Rescinding 30-Day Notification Requirements Related to Eviction Based on Nonpayment of Rent in Multi-Family Housing Direct Properties
6
eCFR. 24 CFR 247.4 – Termination Notice
7
Consumer Financial Protection Bureau. How Long Can Information, Like Eviction Actions and Lawsuits, Stay on My Tenant Screening Record?