Oregon Landlords Don’t Have to Say When They Mailed No-Cause Eviction Notices, Court Rules

In an 8–5 ruling, the Oregon Court of Appeals has rejected a challenge by tenants to a landlord’s no-cause eviction notice that did not state when or how it was served.

The judges ruled that landlords can leave mailing dates off termination notices under ORS 90.427, rejecting the tenants’ argument that the statute requires a notice to state on its face the method and date of service.

The November 12 ruling in Ressler v. Grimes involved a month-to-month tenancy that the landlord terminated in the first year.

The without-cause notice indicated that the landlord was terminating the tenancy “with 30 days’ notice,” plus “a 3-day extension required for mailing.” The tenancy would terminate on May 29, 2024.

The court ruled that ORS 90.427 did not include the requirement that a termination notice state the method and date of service. The tenants were found at trial to have received timely notice.

The five dissenting judges said that mailing dates help tenants check whether they receive sufficient notice. The dissent argued that tenants could not determine from an undated notice whether the required notice period had been given.

The dissent encouraged lawmakers to amend ORS 90.427 and ORS 90.392 to clarify the meaning of the statutes and whether notices terminating tenancies under those statutes must be dated.

The majority did not decide whether notices under ORS 90.392 must include a service date.