ORS § 90 § 90.414
Acts not constituting waiver of termination of tenancy.
Operative Text
(1) If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy: (a) Except when the notice is a nonpayment of rent termination notice under ORS 90.394, the acceptance of rent if: (A) The rent is prorated to the termination date specified in the notice; or (B) The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment. (b) Except if the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632, the acceptance of rent for a rental period that extends beyond the termination date in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice. (c) If the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632 and proceedings have commenced under ORS 105.100 to 105.168 to recover possession of the premises based on the termination: (A) The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if: (i) The landlord notifies the tenant in writing in, or after the service of, the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and (ii) The rent does not cover a period that extends beyond the date the rent payment is accepted. (B) Service of a nonpayment of rent termination notice under ORS 90.394. (2) The following do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy: (a) The acceptance of a last month’s rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date. (b) The acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (1). (c) The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance.
ORS § 90.414 establishes specific circumstances under which a landlord's acceptance of rent after issuing a termination notice does not automatically cancel or 'waive' that notice or revive the tenancy. In general, accepting prorated rent up to the termination date, refunding any overpayment within 10 days, or accepting certain deposits and court-ordered payments will not undo a valid termination. The rule draws important distinctions based on whether the termination is for nonpayment of rent, for cause, or for other reasons, and it sets out different conditions for each scenario.
Plain English — not legal advice.
Under ORS § 90.414, landlords who have issued a termination notice can generally accept rent without losing their right to terminate, provided they follow the statute's specific conditions — such as prorating rent to the termination date or refunding any excess rent within 10 days. When a for-cause termination is involved and eviction proceedings have begun under ORS 105.100–105.168, a landlord who wishes to continue accepting rent should include written notice to the tenant — either in or after the termination notice — stating that accepting rent will not waive the termination right. Compliant operators also take care to distinguish between last-month's-rent deposits, court-ordered rent distributions, and advance rent payments, all of which ORS § 90.414 treats as non-waiving regardless of timing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.414 affects tenants by clarifying that paying rent after a termination notice has been issued does not automatically reinstate the tenancy or cancel the notice, depending on how the landlord handles those payments. Tenants should be aware that if a landlord accepts rent but fails to refund the unused balance within the 10-day window specified in ORS § 90.414, that failure may have legal significance worth examining. Tenants who believe a landlord has not complied with the conditions set out in ORS § 90.414 may wish to consult a tenant-rights organization or legal aid provider to understand what options may be available to them.
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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