2013 ORS § 90.417¹
Duty to pay rent
  • effect of acceptance of partial rent

(1) A tenants duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely.

(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 (Waiver of termination of tenancy) (2)(b) of the landlords right to terminate the tenancy under ORS 90.394 (Termination of rental agreement for failure to pay rent) for nonpayment of the balance of the rent owed.

(3) A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Installment rent payments described in this subsection are not partial payment of rent for purposes of this section.

(4) The acceptance of a partial payment of rent waives the right of the landlord to terminate the tenants rental agreement under ORS 90.394 (Termination of rental agreement for failure to pay rent) for nonpayment of rent unless:

(a)(A) The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice under ORS 90.394 (Termination of rental agreement for failure to pay rent) based on the tenants agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed;

(B) The landlords notice of termination is served no earlier than it would have been permitted under ORS 90.394 (Termination of rental agreement for failure to pay rent) had no rent been accepted; and

(C) 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; or

(b) The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice under ORS 90.394 (Termination of rental agreement for failure to pay rent) and entered into a written agreement with the tenant that the acceptance does not constitute waiver. The agreement may provide that the landlord may terminate the rental agreement and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) without serving a new notice under ORS 90.394 (Termination of rental agreement for failure to pay rent) if the tenant fails to pay the balance of the rent by a time certain.

(5) Application of a tenants security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure) does not constitute a partial payment of rent.

(6) Notwithstanding any acceptance of a partial payment of rent under subsection (4) of this section, the tenant continues to owe the landlord the unpaid balance of the rent. [2007 c.906 §29; 2011 c.42 §8a]