ORS § 90 § 90.372
Termination by tenant during fixed term pending landlord’s termination for landlord cause.
Operative Text
(1) If, during a fixed term tenancy, a landlord gives a notice under ORS 90.427 (5) terminating the rental agreement on or after the expiration of the fixed term, the tenant may give the tenant’s own notice in writing terminating the rental agreement on a date designated on the notice that is at least 30 days following the date of delivery of the notice to the landlord. (2) A termination notice given by the tenant under this section may terminate the tenancy during the fixed term. If a tenant terminates the tenancy under this section, the landlord may not collect any fee under ORS 90.302 (2)(e) or collect any unpaid rent that otherwise would have accrued after: (a) The date designated in the termination notice; and (b) The tenant returns possession of the premises.
Oregon Revised Statutes § 90.372 addresses a specific situation in fixed-term tenancies: when a landlord issues a notice under ORS 90.427(5) to end the tenancy at or after the fixed term's expiration, the tenant gains the right to respond with their own written termination notice. That tenant-issued notice must give at least 30 days' warning from the date it is delivered to the landlord, and it can bring the tenancy to an end even before the fixed term itself expires. Once the tenant's chosen termination date arrives and possession of the premises is returned, the landlord is barred from collecting early-termination fees under ORS 90.302(2)(e) or any rent that would have accrued after that point.
Plain English — not legal advice.
Under ORS § 90.372, landlords who issue a notice under ORS 90.427(5) during a fixed-term tenancy should be aware that doing so triggers a reciprocal right for the tenant to exit early. A compliant operator recognizes that once a qualifying tenant termination notice is delivered and the tenant vacates on or after the designated date, collecting early-termination fees described in ORS 90.302(2)(e) or pursuing rent for the remaining term is not permitted. Property managers generally update their accounting and lease-management processes to account for this contingency whenever a 90.427(5) notice is issued during a fixed term.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.372 gives tenants in a fixed-term tenancy a meaningful option when their landlord has already issued a notice under ORS 90.427(5) to end the tenancy: tenants may respond with their own written termination notice specifying a date at least 30 days after delivery, potentially ending the tenancy before the fixed term would otherwise conclude. If a tenant exercises this right and returns possession by the designated date, the landlord cannot charge early-termination fees under ORS 90.302(2)(e) or collect rent that would have accrued after that date. Tenants who believe a landlord is improperly attempting to collect such fees or rent may consider consulting a local tenant-rights organization or Oregon's court system to understand how this provision might 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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