Oregon Statutes - Chapter 90 - Residential Landlord and Tenant - Section 90.427 - Termination of periodic tenancies; landlord remedies for tenant holdover.

(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 10 days before the termination date specified in the notice.

(2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other, at any time during the tenancy, not less than 30 daysí notice in writing prior to the date designated in the notice for the termination of the tenancy.

(3) The tenancy shall terminate on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(4) If the tenant remains in possession without the landlordís consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, the landlord may recover from the tenant any actual damages resulting from the tenant holding over, including the value of any rent accruing from the expiration or termination of the rental agreement until the landlord knows or should know that the tenant has relinquished possession to the landlord. If the landlord consents to the tenantís continued occupancy, ORS 90.220 (6) applies.

(5) Subsections (1) and (2) of this section shall not apply to a month-to-month tenancy subject to ORS 90.429 or other tenancy created by a rental agreement subject to ORS 90.505 to 90.840. [Formerly 90.900; 1999 c.603 §29; 1999 c.676 §17; 2003 c.378 §15]

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Last modified: August 7, 2008