Oregon military lease termination: the Governor's call-up, federal orders, and no fee or lost deposit
Oregon has two sections. ORS 90.472 covers a member of the organized militia called into state service by the Governor for 90 or more consecutive days. ORS 90.475 covers enlisting, orders of more than 90 days, and ending active service. In both, the tenant gives written notice with orders, and cannot be charged a penalty, fee or loss of deposit for ending the lease.
What does ORS 90.472 cover?
A "state service member" is a member of the organized militia called into active service of the state by the Governor under ORS 399.065(1) for 90 or more consecutive days. That is state service, not federal service, which makes it a real addition to the federal rule. The tenant may end the rental agreement on written notice with proof of official orders showing that status.
The termination takes effect on the earlier of two dates: 30 days after the next rent payment is due, or the last day of the month after the month in which written notice is given. Notwithstanding the general rules in ORS 90.300(7)(a)(A) and 90.430, the tenant is not subject to a penalty, fee, charge or loss of deposit because of the termination, and is not liable for rent beyond the effective date.
Example a made-up tenant in Salem gives written notice with Governor's orders on June 10. Rent is due on the 1st. The earlier date is the last day of July, because 30 days after the July 1 due date is July 31, and the last day of the month after June is also July 31. The owner collects rent through July 31 and nothing after.
What does ORS 90.475 cover?
With proof of official orders, a tenant may end a rental agreement on written notice when the tenant is:
- Enlisting for active service in the Armed Forces of the United States.
- A member of a National Guard or other reserve component or an active service component, ordered to active service outside the area for a period that will exceed 90 days.
- Terminating active service in the Armed Forces.
- A member of the Public Health Service detailed for duty with the Army or Navy and ordered to active service outside the area for more than 90 days, or terminating that duty and moving outside the area.
- A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for more than 90 days.
For this section, the Armed Forces means the Air Force, Army, Coast Guard, Marine Corps, Navy or Space Force.
When does the lease end under ORS 90.475?
Termination is effective on the earlier of a date set by any applicable federal law, or the later of four dates: 30 days after delivery of the notice, 30 days before the earliest reporting date on the orders for active service, a date specified in the notice, or, for the Public Health Service move and for terminating active service, 90 days before the effective date of the orders. The tenant may choose the date in the notice, subject to those floors.
As with the state service section, the tenant is not subject to a penalty, fee, charge or loss of deposit, and owes no rent past the effective date. Section 90.475 was amended by chapter 453 of the 2025 laws, so use the current text.
How should an Oregon owner handle a notice?
- Identify the section: state call-up by the Governor (90.472) or the federal categories (90.475).
- Check the proof: official orders showing the tenant's status.
- Work out the effective date under the right section and write it down.
- Bill rent only through that date, with no fee and no deposit deduction for the early end.
- Do the normal move-out inspection. Deductions for damage beyond normal wear follow your usual deposit process.
How DoorKeeping fits in Oregon
DoorKeeping files the written notice and orders with the lease, and a final rent charge or deposit return is staged for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease, and ask your own advisor about a specific tenant.
Sources
Questions
- Does Oregon cover a Guard member called up by the Governor?
- Yes. ORS 90.472 covers a member of the organized militia called into state service by the Governor under ORS 399.065(1) for 90 or more consecutive days.
- Can an Oregon landlord keep the deposit or charge a fee?
- Not because of the termination. Sections 90.472 and 90.475 say the tenant is not subject to a penalty, fee, charge or loss of deposit because of it.
- What proof does an Oregon tenant give?
- Proof of official orders showing the tenant is a state service member, or enlisting, ordered to active service for more than 90 days, or terminating active service.