Oregon holdover tenants: after the first year a fixed term rolls to month-to-month on its own
Oregon takes the holdover question away from many landlords. Under ORS 90.427(4)(c), if the specified ending date of a fixed term falls after the first year of occupancy, the fixed term tenancy becomes a month-to-month tenancy upon expiration, unless the parties agree to a new fixed term, the tenant gives written notice, or the landlord has a qualifying reason and gives the required notice. So a tenant who stays is often a month-to-month tenant, not a holdover.
A lease ending in the first year
ORS 90.427(4)(b): "If the specified ending date for the fixed term falls within the first year of occupancy, the landlord may terminate the tenancy without cause by giving the tenant notice in writing not less than 30 days prior to the specified ending date for the fixed term, or 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later." The first year of occupancy includes all periods in which any of the tenants has lived in the unit for one year or less (subsection 1(a)).
Example a made-up Bend lease is for 11 months and ends on November 30. The tenant moved in January 1, so the ending date is in the first year. To end without cause, the landlord gives written notice by October 31, at least 30 days before November 30. Notice given on November 5 would end the tenancy on December 5, the later date, so the tenant may stay to then.
A lease ending after the first year
ORS 90.427(4)(c): the fixed term "becomes a month-to-month tenancy upon the expiration of the fixed term, unless" (A) the landlord and tenant agree to a new fixed term, (B) the tenant gives notice in writing not less than 30 days before the ending date, or (C) the landlord has a qualifying reason for termination and gives notice as subsections (5) to (7) specify. Under subsection (3)(c), after the first year of occupancy a landlord can end a month-to-month tenancy only for tenant cause or a qualifying landlord reason. Subsection (5) requires notice of not less than 90 days for the landlord's qualifying reasons.
That is why the standard holdover advice does not fit Oregon. A 12-month lease that you do not renew does not simply expire for a stable tenant. You need either a tenant cause or a qualifying reason, with the notice the statute describes, before the ending date.
What rent applies after the term?
ORS 90.220(8) says a tenant is responsible for rent until the earliest of several events: the notice expiring, the tenancy ending by its own terms, surrender, the landlord failing to use reasonable efforts to rent to a new tenant, a new tenant's tenancy beginning, 30 days after delivery of possession without prior notice of termination of a month-to-month tenancy, or 10 days after delivery of possession of a week-to-week tenancy. Rent increases must also comply with ORS 90.323 and ORS 90.220(7)(a), and a fixed term's rent cannot be changed unilaterally (90.220(2)).
How do you remove someone who will not leave?
Serve the correct written notice under ORS 90.155, count the days under ORS 90.160, and then file the court action. ORS 90.375 lets a tenant recover up to two months' rent or twice the actual damages if the landlord unlawfully excludes them, seriously threatens to, or cuts essential services. One habit protects you in every state: decide before the lease ends whether the tenant is staying, leaving or moving to month-to-month, put that decision in writing, and be careful about what you do with rent that arrives after the end date.
How DoorKeeping helps in Oregon
DoorKeeping keeps each lease's end date, renewal offer and ledger together, so you can ask Claude or ChatGPT which leases ended last week and who is still living in the unit. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
Questions
- Does an Oregon fixed-term lease become month-to-month?
- If the ending date falls after the first year of occupancy, yes, upon expiration, unless a new fixed term is agreed, the tenant gives notice, or the landlord has a qualifying reason and gives notice (ORS 90.427(4)(c)).
- Can an Oregon landlord end a first-year lease without cause?
- Yes, with written notice at least 30 days before the ending date (ORS 90.427(4)(b)).
- How much notice for a qualifying landlord reason in Oregon?
- Not less than 90 days under ORS 90.427(5) for the reasons it lists.