The Requirement of a 72-Hour Nonpayment Notice:
Pursuant to Section 90.394 of the Oregon Revised Statutes, a landlord may terminate a tenancy for nonpayment of rent by delivering to the tenant at least 72 hours' written notice of nonpayment and the landlord's intention to terminate the rental agreement if the sum is not paid within that period. The notice must clearly set forth the amount of rent that is due, as well as the date and time by which the tenant must pay the past-due rent to cure the nonpayment. The landlord must wait until the 8th day of the rental period, inclusive of the first day on which payment was due.
Issuing a 72-Hour Nonpayment Notice After a Tenant Has Made a Partial Payment:
Where a tenant has issued a partial rent payment, the landlord acceptance of the partial payment does not constitute a waiver of the landlord's right to issue a 72-hour notice, provided that certain procedures have been followed in accepting the rent.
The landlord's right to terminate a tenancy after accepting a partial rent payment is specifically set forth in Section 90.417 of the Oregon Revised Statutes, which provides as follows:
(2) A landlord may accept a partial payment of rent. The acceptance of a partial payment of rent in a manner consistent with subsection (4) of this section does not constitute a waiver under ORS 90.412 (2)(b) of the landlord's right to terminate the tenancy under ORS 90.394 for nonpayment of the balance of the rent owed.
Subsection 4 of Section 90.417 sets forth certain conditions that (all) must apply for a landlord to accept a partial rent payment without waiving its right to issue a 72-hour nonpayment notice. A landlord's acceptance of partial payment will be deemed to constitute a waiver of the right to issue a 72-hour notice for that rental period unless:
- The partial payment was accepted before a notice of termination was given to the tenant;
- The partial payment was accepted by the landlord based on the tenant's promise to remit the balance due by a specific time, and the promised payment was not received by the landlord within that agreed period;
- The 72-Hour Notice may not be served earlier than it would have been permitted under ORS 90.394 has no rent been accepted (i.e., not earlier than the 8th day of the rental period); and
- The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within 72 hours or 144 hours, as the case may be, or by any date to which the parties agreed, whichever is later.