105.120 Notice
necessary to maintain action in certain cases; waiver of notice; effect of
advance payments of rent.
(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]
Notes of Decisions
Lindsey v. Normet (1972)
scotus · cites it 4×
“115 to occur in the following circumstances: (1) if a tenant "fails or refuses to pay rent within 10 days after it is due" pursuant to a lease or agreement, (2) if he fails or refuses "to deliver possession of the premises after being in default on payment of rent for 10 days,"…”
Skourtes v. Schaer (1978)
orctapp · cites it 10×
“ORS 105.120 (2) provides: "(2) An action for the recovery of the possession of a dwelling unit to which ORS 91.”
Ostlund v. Hendricks (1980)
or · cites it 2×
“ORS 105.120(2) 2 provides that a FED action for recovery of premises subject to the landlord tenant act may be maintained when notice to terminate has been given "in the manner prescribed by ORS 91.”
Bunch v. Pearson (2003)
orctapp
““(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or…”
Napolski v. Champney (1983)
or
“See ORS 105.120(2); ORS 91.886. Thirty days later he filed the present FED action for failure to pay rent of $200/month as per his proffered written rental agreement.”
Greene v. HREN (2008)
orctapp
“ORS 105.120(3) provides: “An action for the recovery of the possession of a dwelling unit to which [the RLTA] applies may be maintained in situations described in ORS 105.”
Kerr v. Jones (2004)
orctapp
““(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in ORS 105.120, or is holding contrary to any condition…”
Greenway v. Parlanti (2011)
orctapp
““(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including: “(b) Whether a tenancy or rental agreement has been validly terminated 4 ORS 105.120(3) provides: “An action for the recovery of the…”
Teresi v. Gina Belmonte Corp. (1977)
orctapp
“) ORS 105.120(1) provides: «* * * [A]n action for the recovery of the possession of the premises may be maintained * * * when the notice to terminate the tenancy or to quithas, been served upon the tenant * * (Emphasis supplied.”
Federal Land Bank v. Schelske (1987)
orctapp · cites it 4×
“Defendants argue that ORS 105.120 requires 90 days’ notice before an FED action pertaining to land leased for agricultural purposes can be commenced.”
Stonebrook Hillsboro, L.L.C. v. Flavel (2003)
orctapp
“ORS 105.120(2). ORS 90.155 provides, as relevant: *644 “(1) * * * [W]here this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: “(a) Personal delivery to the landlord or tenant; “(b) First…”
Roseburg Investments, LLC v. House of Fabrics, Inc. (2000)
orctapp
““(b) When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit as provided in *164 ORS 105.120, or is holding contrary to any…”
— Or. Rev. Stat. § 105.120(1) — 2 cases
Teresi v. Gina Belmonte Corp. (1977)
orctapp
“) ORS 105.120(1) provides: «* * * [A]n action for the recovery of the possession of the premises may be maintained * * * when the notice to terminate the tenancy or to quithas, been served upon the tenant * * (Emphasis supplied.”
Federal Land Bank v. Schelske (1987)
orctapp
“Defendants argue that ORS 105.120 requires 90 days’ notice before an FED action pertaining to land leased for agricultural purposes can be commenced.”
— Or. Rev. Stat. § 105.120(2) — 8 cases
Skourtes v. Schaer (1978)
orctapp
“ORS 105.120 (2) provides: "(2) An action for the recovery of the possession of a dwelling unit to which ORS 91.”
Ostlund v. Hendricks (1980)
or
“ORS 105.120(2) 2 provides that a FED action for recovery of premises subject to the landlord tenant act may be maintained when notice to terminate has been given "in the manner prescribed by ORS 91.”
Napolski v. Champney (1983)
or
“See ORS 105.120(2); ORS 91.886. Thirty days later he filed the present FED action for failure to pay rent of $200/month as per his proffered written rental agreement.”
Stonebrook Hillsboro, L.L.C. v. Flavel (2003)
orctapp
“ORS 105.120(2). ORS 90.155 provides, as relevant: *644 “(1) * * * [W]here this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: “(a) Personal delivery to the landlord or tenant; “(b) First…”
— Or. Rev. Stat. § 105.120(3) — 3 cases
Greene v. HREN (2008)
orctapp
“ORS 105.120(3) provides: “An action for the recovery of the possession of a dwelling unit to which [the RLTA] applies may be maintained in situations described in ORS 105.”
Greenway v. Parlanti (2011)
orctapp
““(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including: “(b) Whether a tenancy or rental agreement has been validly terminated 4 ORS 105.120(3) provides: “An action for the recovery of the…”
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