ORS § 90 § 90.147
Delivery of possession.
Operative Text
For the purposes of this chapter, delivery of possession occurs: (1) From the landlord to the tenant, when the landlord gives actual notice to the tenant that the tenant has the right under a rental agreement to occupy the dwelling unit to the exclusion of others. The right to occupy may be implied by actions such as the landlord’s delivery of the keys to the dwelling unit; and (2) From the tenant to the landlord at the termination of the tenancy, when: (a) The tenant gives actual notice to the landlord that the tenant has relinquished any right to occupy the dwelling unit to the exclusion of others. Relinquishment of the right to occupy may be implied by actions such as the tenant’s return of the keys to the dwelling unit; (b) After the expiration date of an outstanding termination of tenancy notice or the end of a term tenancy, the landlord reasonably believes under all the circumstances that the tenant has relinquished or no longer claims the right to occupy the dwelling unit to the exclusion of others; or (c) The landlord reasonably knows of the tenant’s abandonment of the dwelling unit.
Oregon Revised Statutes § 90.147 defines the precise moment at which legal possession of a dwelling unit transfers between parties. When a landlord communicates — either directly or through implied actions like handing over keys — that a tenant has the exclusive right to occupy, possession has been delivered to the tenant. Possession returns to the landlord when the tenant communicates relinquishment (such as by returning keys), when the landlord reasonably concludes after a tenancy ends that the tenant no longer claims the unit, or when the landlord reasonably knows the tenant has abandoned the dwelling.
Plain English — not legal advice.
Under ORS § 90.147, the moment possession is formally delivered to a tenant marks the start of many landlord obligations and tenant rights, so operators generally document that handover clearly — for example, by recording the date keys were transferred or written notice was given. At the end of a tenancy, compliant operators pay attention to all surrounding circumstances to determine whether a tenant has relinquished possession, since that determination affects when the unit can be re-rented and when deposit accounting timelines begin. Keeping dated records of key exchanges, written notices, and any communications about move-out helps establish a clear possession timeline under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.147 establishes that your right to exclusive occupancy begins the moment your landlord delivers actual or implied notice — such as handing you the keys — and that right does not end until possession is properly returned or legally deemed relinquished. Tenants should be aware that actions like returning keys or sending written notice of move-out can be interpreted as relinquishing possession, which may affect security deposit deadlines and other rights tied to the end of a tenancy. If there is a dispute about when possession was transferred in either direction, tenant-rights organizations or a local legal aid office can help explain how § 90.147 applies to the general facts of a situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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