ORS § 105 § 105.120
Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent.
Operative Text
(1) As used in this section, “rent” does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f). (2) Except as provided in subsection (3) of this section, an action for the recovery of the possession of the premises may be maintained in cases provided in ORS 105.115 (1)(b), when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.110 and for the period prescribed by ORS 91.060 to 91.080 before the commencement of the action, unless the leasing or occupation is for the purpose of farming or agriculture, in which case the notice must be served for a period of 90 days before the commencement of the action. Any person entering into the possession of real estate under written lease as the tenant of another may, by the terms of the lease, waive the giving of any notice required by this subsection. (3) An action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies may be maintained in situations described in ORS 105.115 (2) when the notice to terminate the tenancy or to quit has been served by the tenant upon the landlord or by the landlord upon the tenant or person in possession in the manner prescribed by ORS 90.155. (4) Except when a tenancy involves a dwelling unit subject to ORS chapter 90, the service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person in possession for the possession of premises before the expiration of any period for which the tenant or person has paid the rent of the premises in advance. (5) An action to recover possession of a dwelling unit subject to ORS chapter 90 may not be brought or filed against a tenant or person in possession based upon a notice under ORS 90.427 to terminate the tenancy until after the expiration of any period for which the tenant or person has paid the rent of the dwelling unit in advance, unless: (a) The only other money paid by the tenant was collected as a last month’s rent deposit as provided under ORS 90.300; or (b) The only unused rent was paid by the tenant for a rental period extending beyond the termination date specified in a valid outstanding notice to terminate the tenancy and the landlord refunded the unused rent within 10 days after receipt by delivering the unused rent to the tenant in person or by first class mailing. [Amended by 1973 c.559 §35; 1981 c.753 §6; 1983 c.303 §5; 1985 c.588 §13; 1989 c.506 §18; 1993 c.369 §15; 1995 c.559 §52; 1997 c.577 §31; 1999 c.603 §35; 1999 c.676 §26; 2007 c.906 §36; 2013 c.294 §15]
ORS § 105.120 establishes the procedural requirements that must be satisfied before a landlord can bring a court action to recover possession of rental property. Proper notice must be served on the tenant in the manner and for the time periods specified by related Oregon statutes, with a longer 90-day notice period applying to farming or agricultural tenancies. Importantly, even when a valid notice to quit has been served, a landlord generally cannot pursue a possession action while the tenant has already paid rent covering a future period — with limited exceptions for last-month's-rent deposits and situations where the landlord promptly refunds any unused rent within 10 days. Funds paid under the federal Housing Act of 1937 (Section 8 assistance) are excluded from the definition of 'rent' for purposes of this section.
Plain English — not legal advice.
Under ORS § 105.120, compliant property owners ensure that any notice to terminate or quit is served in the manner and for the duration required by the applicable Oregon statutes before filing a possession action. Operators managing agricultural or farming tenancies take note that a 90-day notice period applies rather than the standard timeframes. When a tenant has prepaid rent covering a future period, landlords operating under ORS chapter 90 generally wait until that period expires before filing — or, in qualifying circumstances, refund any unused rent to the tenant within 10 days of receipt, either in person or by first-class mail, to preserve the ability to proceed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.120 provides tenants with procedural protections that can affect whether a landlord's possession action is properly brought. If a landlord has not served notice in the legally required manner or has not allowed the required notice period to run — or has filed a possession action while you have prepaid rent covering a future period — these circumstances may be relevant to the validity of the action against you. Tenants can explore these issues by consulting a tenant-rights organization, contacting Oregon's local legal aid services, or raising the procedural requirements of ORS § 105.120 as part of any response to a possession proceeding.
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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