2007 ORS 91.090¹
Termination of tenancy by failure to pay rent
  • reinstatement

The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render the holding of such tenant thereafter wrongful; however, if the landlord, after such default in payment of rent, accepts payment thereof, the lease is reinstated for the full period fixed by its terms, subject to termination by subsequent defaults in payment of rent.

Notes of Decisions

In absence of facts sufficient to warrant equitable relief, failure of tenant to pay rent within 10 days after date due operated to terminate tenancy, notwithstanding a sub­se­quent tender. State Hwy. Comm. v. Demarest, 263 Or 590, 503 P2d 682 (1972); Fry v. D.H. Overmyer Co., 269 Or 281, 525 P2d 140 (1974)

This sec­tion operated to automatically terminate defendant's leasehold when the 10-day grace period elapsed, and there was no waiver of the time pro­vi­sion as a result of any pre­vi­ous acceptances of late pay­ments. Ratoza v. The Flame, Inc., 277 Or 185, 559 P2d 1283 (1977)

Prior acceptance of late rent pay­ments did not supersede rule of this sec­tion that failure to pay rent operates to terminate tenancy without notice to quit or pay. Washington Square, Inc. v. First Lady Beauty Salons, 290 Or 753, 625 P2d 1311 (1981)

Where agent disbursed funds from trust account containing pay­ments on lease during pendency of FED ac­tion, this did not have the effect of reinstating lease where record did not indicate that pay­ments were anything but inadvertent. Pratt v. McNally-Rathbone, 61 Or App 443, 658 P2d 516 (1983), Sup Ct review denied

Where lease did not require separate written notice of termina­tion for failure to pay rent, plaintiff's notifica­tion to defendant that it was in default and demand for full pay­ment within 10 days complied with the lease and the statute did not require more. Beri, Inc. v. LaPointe's, Inc., 66 Or App 257, 673 P2d 570 (1983), Sup Ct review denied

In FED ac­tion, lessor's acceptance of administrative rent from bankruptcy court for period after lessor's filing of ac­tion did not waive lessor's default in pay­ment or reinstate lease under this sec­tion. Shlim v. Alimeg, Inc., 87 Or App 178, 742 P2d 54 (1987), Sup Ct review denied

This sec­tion does not require written notice of default before commencing FED ac­tion. Shlim v. Alimeg, Inc., 87 Or App 178, 742 P2d 54 (1987), Sup Ct review denied

Where tenant fails to pay rent timely and therefore forfeits estate in real prop­erty, tenant remains liable for damages for breach of agree­ment to lease premises in future. Sunset Fuel and Engineering Co. v. Compton, 97 Or App 244, 775 P2d 901 (1989), Sup Ct review denied

Where lease contains forfeiture pro­vi­sion with terms contrary to statutory terms, lease controls and forfeiture ac­tion is treated as contract interpreta­tion and en­force­­ment issue. 2606 Building v. MICA OR I, Inc., 334 Or 175, 47 P3d 12 (2002)

1 Legislative Counsel Committee, CHAPTER 91—Tenancy, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­091.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 91, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­091ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.