Partial Rent Payments and Eviction Risk: Oregon Guide

If you’re a renter in Oregon facing a situation where you can’t pay the full amount of rent, it’s important to understand how partial rent payments work. Knowing your rights and the steps landlords are required to follow can help you avoid unnecessary eviction risks. This guide breaks down Oregon’s rules around partial rent, official forms, and what to expect if you can only pay part of your rent.

How Oregon Law Handles Partial Rent Payments

Oregon law is clear: accepting a partial payment of rent may affect a landlord’s ability to move forward with eviction for nonpayment—but not always. Rent is considered late if it isn’t paid by the due date set in your lease, and partial payments don’t automatically stop an eviction unless certain legal steps are followed by your landlord.

Will Your Landlord Accept a Partial Rent Payment?

Landlords in Oregon are not required to accept partial rent unless it’s agreed upon. However, if they do take a partial payment after rent is due, specific state rules apply:

• A landlord may accept a partial payment, but must clearly notify you in writing if the payment doesn’t waive their right to pursue eviction for the remaining balance.
• If the landlord accepts a partial payment without giving this written notice, they lose the right to evict you for that month’s unpaid rent.
• This protection comes from Oregon Revised Statutes (ORS) Chapter 90 (the Residential Landlord and Tenant Act).

Remember, oral agreements often don’t carry weight if disputes arise—always get payment agreements and notices in writing.

The 10-Day or 72-Hour Nonpayment Notice

If you pay only part of your rent, your landlord may still give you an official written notice to pay the rest or move out. This is usually called a "72-Hour Notice” or "10-Day Notice," depending on your rental agreement. Here’s how they work:

• 72-Hour Notice to Pay Rent or Vacate: Given if rent is unpaid after the 5th day of the rental period.
• 10-Day Notice to Pay Rent or Vacate: Given if rent is unpaid after the 7th day.
• Both notices must list the total unpaid amount and give you the chance to pay before an eviction can be filed.

Receiving either notice is the first legal step in a possible eviction, but partial payment can influence what happens next.

What Steps Should You Take if You Can’t Pay Rent in Full?

If you know you’ll have difficulty paying your full rent, consider these steps:

• Contact your landlord as soon as possible and communicate your need to make a partial payment.
• Get any agreement in writing. Ask your landlord to confirm if accepting a partial payment will waive any eviction rights for that month.
• Keep copies of all communications and receipts of payment.

You can find sample notice forms and more on the Oregon Judicial Department landlord-tenant forms page.

Relevant Oregon Forms for Renters

• 72-Hour or 144-Hour Notice of Nonpayment of Rent (No Form Number):
  Download the Notice to Pay or Vacate (official sample).
  When used: If you receive this notice, it means the landlord demands the overdue rent within the timeframe listed (72 or 144 hours) or requires you to move out. Example: You paid half your rent by the due date and receive a 72-hour notice for the remainder. To avoid eviction, you must pay the balance before the notice expires.
• Answer/Response to Eviction Complaint (No Form Number):
  Download the Eviction Answer Form.
  When used: If your landlord files for eviction at court, you may submit this form to present your side, including proof of any partial rent accepted.

These forms and others are available via the Oregon Judicial Department official landlord-tenant page.

The Oregon Tribunal for Rental Disputes

All eviction cases and rental disputes in Oregon are handled by the Oregon Judicial Department, specifically in county circuit courts. If you receive a court summons about a rental dispute, these local courts will process your case. Learn more about eviction hearings from the state’s official legal aid resource.

Your Rights, Protections, and Next Steps

Partial payment doesn’t always mean you are protected from eviction in Oregon. However, if your landlord accepts a partial payment without giving you a written statement that their right to evict is being reserved, they cannot evict you for that month’s unpaid rent.¹

• Always ask for and save any written notices.
• If you receive an eviction notice, you can pay the balance within the window stated (usually 72 hours) to stop the eviction process.²
• If you face legal action, respond promptly using the official Answer form.

Frequently Asked Questions

1. What happens if I pay part of my rent in Oregon?
   If your landlord accepts a partial payment but gives you written notice that they still intend to evict for unpaid rent, you may still face eviction. Without such written notice, their right to evict is waived for that month.
2. Does a partial rent payment stop eviction in Oregon?
   Not automatically. If your landlord gives you the required written statement that eviction rights are reserved, they can still move forward with an eviction based on unpaid rent.
3. Can my landlord refuse to accept a partial payment?
   Yes, Oregon law does not require landlords to accept partial payments, except by mutual written agreement.
4. How do I respond to an eviction notice in Oregon?
   You can use the official Answer/Response to Eviction Complaint form. Submit it before the court hearing and bring proof of any payments made.
5. Where do I find official forms or get help in Oregon?
   Visit the Oregon Judicial Department landlord-tenant forms page or contact local legal aid.

Key Takeaways for Oregon Renters

• Partial rent payments in Oregon do not always protect you from eviction unless landlords follow specific notice requirements.
• Always get agreements in writing and keep communication records about payments.
• Use Oregon Judicial Department forms and respond quickly if you receive an eviction notice.

Understanding your rights—and the steps landlords must follow—helps you make informed decisions and reduces your risk during tough times.

Need Help? Resources for Renters

• Oregon Judicial Department – State court locator and landlord-tenant case info
• Oregon Law Help – Free legal information for tenants
• Oregon Housing and Community Services: Landlord & Tenant information
• For local legal aid, call Oregon Legal Aid Services at 1-800-673-6157

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1. Oregon Revised Statutes (ORS) Chapter 90 – Residential Landlord and Tenant
2. 72-Hour Notice to Pay Rent or Vacate – Official Form
3. Oregon Judicial Department – Landlord/Tenant Court Info

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