ORS § 90 § 90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally.
Operative Text
(1)(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with ORS 90.320 or 90.730, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice if the breach is not remedied in seven days in the case of an essential service or 30 days in all other cases, and the rental agreement shall terminate as provided in the notice subject to paragraphs (b) and (c) of this subsection. However, in the case of a week-to-week tenancy, the rental agreement will terminate upon a date not less than seven days after delivery of the notice if the breach is not remedied. (b) If the breach is remediable by repairs, the payment of damages or otherwise and if the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach. (c) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days’ written notice specifying the breach and the date of termination of the rental agreement. However, in the case of a week-to-week tenancy, the tenant may terminate the rental agreement upon at least seven days’ written notice specifying the breach and date of termination of the rental agreement. (2) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or ORS 90.320 or 90.730. The tenant shall not be entitled to recover damages for a landlord noncompliance with ORS 90.320 or 90.730 if the landlord neither knew nor reasonably should have known of the condition that constituted the noncompliance and: (a) The tenant knew or reasonably should have known of the condition and failed to give actual notice to the landlord in a reasonable time prior to the occurrence of the personal injury, damage to personal property, diminution in rental value or other tenant loss resulting from the noncompliance; or (b) The condition was caused after the tenancy began by the deliberate or negligent act or omission of someone other than the landlord or a person acting on behalf of the landlord. (3) The remedy provided in subsection (2) of this section is in addition to any right of the tenant arising under subsection (1) of this section. (4) The tenant may not terminate or recover damages under this section for a condition caused by the deliberate or negligent act or omission of the tenant or other person on the premises with the tenant’s permission or consent. (5) If the rental agreement is terminated, the landlord shall return all security deposits and prepaid rent recoverable by the tenant under ORS 90.300.
ORS § 90.360 establishes what happens when a landlord materially fails to comply with a rental agreement or the statutory duties to maintain habitable premises under ORS 90.320 or 90.730. Depending on the nature of the breach, the law sets out specific written-notice timelines that can lead to lease termination, and it also allows tenants to seek damages and injunctive relief. If the landlord corrects the problem within the applicable cure period, the tenancy continues; if the same violation recurs within six months, a shorter termination notice applies. Tenants cannot use this provision to seek remedies for conditions they or their guests caused, and landlords are not liable for damages they had no reason to know about.
Plain English — not legal advice.
Under ORS § 90.360, landlords who receive a written notice of breach have a defined window to remedy the problem — seven days for essential services and 30 days for other issues — before the tenant may terminate the rental agreement. Operators who maintain documented inspection records, respond promptly to maintenance requests, and keep written communication logs are generally better positioned to demonstrate that a breach was cured within the statutory period. Because a recurring violation within six months triggers a shorter 14-day termination notice, property managers commonly treat each reported deficiency as an opportunity to make lasting repairs rather than temporary fixes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.360 gives tenants a structured path to address a landlord's failure to uphold the rental agreement or statutory habitability obligations: a written notice specifying the breach starts a cure period, after which the tenancy may be terminated if the landlord has not remedied the problem. Tenants may also pursue damages and injunctive relief under this section, though recovery for habitability violations is limited when the landlord had no knowledge of the condition or when the condition was caused by the tenant or their guests. Tenants who believe their landlord is in breach may wish to consult a local tenant-rights organization or legal aid office to understand how the notice requirements of ORS § 90.360 apply to their circumstances.
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.
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