ORS § 90 § 90.445
Termination of tenant who commits criminal act of physical violence; protection for remaining tenants.
Operative Text
(1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may: (a) Terminate the rental agreement of the perpetrating tenant, but may not terminate the rental agreement of the other tenants; and (b) If the perpetrator of the criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking continues to occupy the premises after the termination date and time specified in the notice, seek a court order under ORS 105.128 to remove the perpetrator from the premises and terminate the perpetrator’s tenancy without seeking a return of possession from the remaining tenants. (2) A landlord that terminates the tenancy of a perpetrator under this section may not require the remaining tenants to pay additional rent or an additional deposit or fee due to exclusion of the perpetrator. (3) The perpetrator is jointly liable with any other tenants of the dwelling unit for rent or damages to the premises incurred prior to the later of the date the perpetrator vacates the premises or the termination date specified in the notice. (4) The landlord’s burden of proof in a removal action sought under this section is by a preponderance of the evidence.
Oregon Revised Statutes § 90.445 establishes a mechanism for landlords to remove a tenant who has committed a criminal act of physical violence — including acts related to domestic violence, sexual assault, bias crime, or stalking — against another household member, without disturbing the tenancy of the remaining residents. The landlord must provide at least 24 hours' written notice to the perpetrating tenant specifying the act and the termination date and time. If the perpetrator does not leave by the specified time, the landlord may seek a court removal order under ORS 105.128, and remaining tenants cannot be required to pay additional rent, deposits, or fees as a result of the perpetrator's exclusion.
Plain English — not legal advice.
Under ORS § 90.445, a compliant operator who becomes aware that a tenant has perpetrated a qualifying act of physical violence against a household member generally delivers written notice to the perpetrating tenant at least 24 hours in advance, clearly identifying the act or omission and the exact termination date and time. The notice and any subsequent court action under ORS 105.128 are directed solely at the perpetrating tenant — the rental agreements of other household members are left intact, and those tenants cannot be charged additional rent, deposits, or fees because of the perpetrator's removal. Operators also document any rent or damages owed prior to the perpetrator's departure, since the perpetrator remains jointly liable with other tenants for those amounts up to the later of the vacate date or the termination date stated in the notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.445 is designed to protect tenants who share a home with a perpetrator of domestic violence, sexual assault, bias crime, or stalking — the law explicitly prohibits a landlord from terminating the rental agreements of non-perpetrating household members or imposing additional financial burdens on them as a result of the perpetrator's removal. If you are a remaining tenant and believe your landlord is attempting to terminate your tenancy or charge you extra fees in connection with a perpetrator's exclusion, you may have grounds to raise a violation of § 90.445 as a defense in any eviction or collection proceeding. Tenant-rights organizations in Oregon can help you understand the protections available under this provision and the general enforcement paths — such as raising the statute as a defense in court — that may be relevant to your 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
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.