Breaking a lease in Oregon

If you are the tenant

• A tenant may end a month-to-month tenancy at any time with written notice at least 30 days before the termination date in the notice (ORS 90.427(3)(a)). The tenancy ends on the date designated regardless of the rent period, and rent is apportioned day by day (ORS 90.427(10)).

If the landlord ends it

• During the first year of occupancy (while any tenant has lived there one year or less), a landlord may end a month-to-month tenancy with written notice at least 30 days before the termination date, without stating a reason (ORS 90.427(3)(b)).
• After the first year of occupancy, a landlord may end a month-to-month tenancy only for a tenant cause (with the notice set by the cause section) or for a qualifying landlord reason (demolition or conversion, major repairs making the unit unsafe, landlord or immediate family moving in, or sale to a buyer who will live there) with at least 90 days' written notice stating the reason, plus one month's rent paid with the notice unless the landlord owns four or fewer units. A sale to an owner-occupant can use 60 days' notice if the landlord pays one extra month's rent (ORS 90.427(3)(c), (5), (6)).

Written notice required: Yes. Termination notices under ORS 90.427 must be in writing.

• week-to-week, both: 10 days. Either party may end a week-to-week tenancy with written notice at least 10 days before the termination date in the notice (ORS 90.427(2)).

A tenant who abandons a fixed-term lease remains liable for rent, but the landlord must make reasonable efforts to re-rent; the lease ends when a new tenancy begins (ORS 90.410(3)). Alternatively, if the written lease provides for it, the landlord may charge an early-termination fee of up to 1.5 times the monthly rent instead; then the landlord cannot collect rent after it knew or should have known of the abandonment and cannot charge re-renting costs (ORS 90.302(2)(e)). A tenant may end at the end of a fixed term with 30 days' written notice (ORS 90.427(4)(c)(B)).

Landlord's duty to re-rent: Yes. If the tenant abandons, the landlord must make reasonable efforts to re-rent at a fair rent; if it fails to, or accepts the abandonment as a surrender, the lease is deemed ended by the landlord on the date it knew or should have known of the abandonment (ORS 90.410(3)).

Lease-break fees: A landlord may charge a fee for abandoning a fixed-term lease without cause only if it is in the written lease, and it may not exceed 1.5 times the monthly rent; if charged, the landlord gives up rent after the abandonment and re-renting costs. No such fee is allowed for releases under ORS 90.453 (victims) or 90.472/90.475 (military). Other liquidated damages are prohibited (ORS 90.302(2)(e), (5)).

• Domestic violence, sexual assault or stalking (ORS 90.453(2), (4); ORS 90.302(2)(e))

  A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking (and listed immediate family) can be released from the lease with at least 14 days' written notice naming the release date and attaching verification.

  Notice:

  14 days, in writing

  Proof:

  Verification: a valid protective order, a police report, a conviction, or a statement signed by the tenant and a qualified third party (law enforcement officer, attorney, licensed health professional, DOJ victim-services employee or victim's advocate). The tenant must be protected by an order or have been a victim within the 90 days before the notice (time the perpetrator was jailed or lived more than 100 miles away does not count).

  What you still owe:

  Not liable for rent or damage to the unit after the release date, and no fee may be charged solely for the termination.

• Military service (state law) (ORS 90.472)

  A member of the organized militia called into active state service by the Governor for 90+ days may end a lease on written notice with proof of orders.

  Proof:

  Written notice plus proof of official orders calling the tenant into active state service by the Governor for 90 or more consecutive days.

  What you still owe:

  Termination is effective on the earlier of 30 days after the next rent due date or the last day of the month after the month notice is given; no penalty, fee, charge or loss of deposit, and no rent after that date.

• Unit unlivable or landlord fails to repair (ORS 90.360(1))

  For a material breach of the lease or the habitability duties, the tenant may give written notice ending the lease at least 30 days later if the breach is not fixed.

  Notice:

  30 days, in writing

  Proof:

  Written notice specifying the landlord's breach.

  What you still owe:

  The lease ends on the date in the notice (at least 30 days after delivery) unless the landlord fixes the breach within 7 days (essential service) or 30 days (other breaches); a repeat of the same breach within 6 months allows 14 days' notice. The landlord returns deposits and prepaid rent.

• Unit unlivable or landlord fails to repair (ORS 90.380(2))

  If a landlord knowingly continues a tenancy in a unit posted as unsafe by a government agency, the tenant may end the tenancy immediately.

  Notice:

  0 days, in writing

  Proof:

  Actual notice of termination and the reason, after a government agency posts the unit as unsafe and unlawful to occupy.

  What you still owe:

  The tenancy ends immediately; the tenant may recover two months' rent or up to twice actual damages, whichever is greater.

• Unit unlivable or landlord fails to repair (ORS 90.380(5)(a), (6))

  If, after the tenancy starts, a government agency posts the unit as unsafe and unlawful to occupy for conditions the tenant did not cause, the tenant may end the tenancy immediately.

  Notice:

  0 days, in writing

  Proof:

  Actual notice of termination and the reason, after a government agency posts the unit as unsafe and unlawful to occupy during the tenancy for conditions the tenant did not cause.

  What you still owe:

  The tenancy ends immediately; within 14 days the landlord returns the deposit or prepaid rent owed and prorated prepaid rent for that month.

• Unit unlivable or landlord fails to repair (ORS 90.380(7))

  Within the first six months, if pre-existing conditions not caused by the tenant pose an imminent and serious threat to health or safety, the tenant may end the rental agreement immediately.

  Notice:

  0 days, in writing

  Proof:

  Actual notice of termination and the reason; conditions existed at the start of the tenancy, were not caused by the tenant, and pose an imminent and serious threat to health or safety within six months of the start.

  What you still owe:

  The agreement ends immediately; within four days the landlord returns the deposit or prepaid rent owed and prorated prepaid rent. If the landlord knew or should have known, the tenant may also recover two months' rent or twice actual damages, whichever is greater.

• Landlord harassment or illegal entry (ORS 90.375; ORS 90.322(8))

  If the landlord unlawfully removes or excludes the tenant, willfully cuts off essential services, or makes unlawful, unreasonable or harassing entries, the tenant may end the rental agreement.

  Proof:

  None specified for ouster or service cutoff; for unlawful or harassing entry, termination follows the written-notice procedure of ORS 90.360(1).

  What you still owe:

  For unlawful removal or exclusion or willful cutoff of heat, water, electricity or other essential service: up to two months' rent or twice actual damages, whichever is greater, and return of deposits and prepaid rent. For unlawful or harassing entry: actual damages of at least one month's rent (one week's for week-to-week).

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Portland: A landlord ending a tenancy without cause or for a qualifying landlord reason must give at least 90 days' written notice (or longer if the lease says so) and pay relocation assistance of $2,900 (studio/SRO) to $4,500 (3+ bedrooms) at least 45 days before the termination date, unless an exemption applies (Portland City Code 30.01.085).

• A landlord who terminates in violation of ORS 90.427(5)-(7) is liable for three months' rent plus actual damages (ORS 90.427(9)).
• A tenant who holds over without consent is liable for actual damages, including rent until the landlord knows or should know the tenant has left (ORS 90.427(11)).
• ORS 90.475 lets tenants end a lease for federal military service (enlistment, orders outside the area for 90+ days, leaving service); it largely tracks the federal SCRA.
• ORS 90.427 was last amended by 2025 Or. Laws ch. 291; the text above is the 2025 edition.

• Write a Oregon notice to vacate
• Oregon security deposit law: getting your deposit back after you move

• ORS Chapter 90 (2025 edition) - Residential Landlord and Tenant Retrieved October 13, 2026.
• Portland City Code 30.01.085 - Relocation assistance Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.