Oregon Statutes 90.395 – Required delivery of notice of rental assistance and support services before termination for nonpayment
(1) As used in this section:
Terms Used In Oregon Statutes 90.395
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
- judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
- Summons: Another word for subpoena used by the criminal justice system.
(a) ‘Nonpayment’ means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS § 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630.
(b) ‘Nonpayment’ does not include payments owed by a tenant for damages to the premises.
(2) A landlord shall deliver a copy of the notice posted on the website of the Judicial Department under ORS § 105.136 along with:
(a) Any notice of termination for nonpayment; and
(b) Any summons for a complaint seeking possession based on nonpayment given by the landlord or service processor, including a summons delivered under ORS § 105.135 (3)(b).
(3) A court shall enter a judgment dismissing a complaint for possession that is based on a termination notice for nonpayment if the court determines that:
(a) The landlord failed to deliver the notice as required under subsection (2) of this section;
(b) The landlord caused the tenant to not tender rent, including as a result of the landlord’s failure to reasonably participate with a rental assistance program; or
(c) The tenant has tendered or caused to be tendered rental assistance or any other payment covering the nonpayment amount owed under the termination notice for nonpayment.
(4) Notwithstanding ORS § 105.137 (4), if a claim for possession is dismissed under subsection (3)(c) of this section and the payment was tendered after the action was commenced, the tenant is not entitled to prevailing party fees, costs or attorney fees.
(5) Notwithstanding ORS § 90.302, a landlord may charge a tenant for filing fees paid under ORS § 105.130, if the complaint for possession is dismissed under subsection (3)(c) of this section. Payment of the fees is not a prerequisite for dismissal under subsection (3)(c) of this section. [2023 c.13 § 55]
90.395 was added to and made a part of ORS Chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.