⚖️ Legal Remedies and  Good Faith: What Oregon Law Expects of Landlords

ORS 90.125 – Enforcement and Damages

This statute gives both landlords and tenants the right to seek compensation if the other party

violates Oregon’s rental laws. However, there’s a key requirement:

You must try to mitigate damages.

If a tenant vacates early, for example, they can be held responsible for rent until the unit is re-

rented. However, you must actively try to re-rent the unit rather than waiting out the lease and

demanding full payment.

ORS 90.130 – Obligation of Good Faith

Every lease, notice, conversation, and enforcement action must be handled in good faith -

Courts often weigh your intent as heavily as your actions and Landlords have a legal requirement

for fairness, honesty, and reasonableness

Failing to act in good faith—even if technically within your rights—can cost you. This includes:

 Sneaking prohibited clauses into a lease

 Delaying repairs to pressure a tenant

 Issuing a notice without giving a fair opportunity to comply

Good faith is the baseline expectation in every landlord-tenant interaction.

Serving Legal Notice: Do It Wrong, and You Could Lose Your Case

Oregon law is very specific about how notices must be delivered—and getting it wrong can

invalidate your termination or eviction process.

ORS 90.150 – 90.160: Notice Requirements These sections explain the proper methods for

delivering legal notice and how to calculate deadlines. Notices can often be served via:

 Personal delivery

 First-class mail

 Post-and-mail (posting a notice on the door AND mailing a copy)

 Important:

If you don’t serve a notice correctly, the tenant may have an automatic defense against

eviction—even if they were otherwise in the wrong.

Notice Periods Must Match the Situation

The number of days you must give depends on the type of notice:

 72-hour notice for non-payment of rent

 10-day notice for certain payment issues

 30- or 90-day notice for no-cause or landlord-cause terminations

Each notice has different rules. Make sure you’re using the right one and calculating dates

correctly—especially around holidays or weekends.

Bottom Line: Play It Straight, Play It Smart

The two fastest ways landlords in Oregon land in legal trouble?

1. Acting in bad faith

2. Serving notices improperly

Before taking any action:

 Ask yourself if you& are being fair and acting in good faith

 Triple-check the type of notice and how you are delivering it

 Document everything clearly and keep copies

Coming Up Next:

Deposits, Screening Fees, and Move-In Charges—What You Can (and Can’t) Collect from

Tenants

We’ll cover screening fee regulations, deposit-to-hold rules, and how to legally handle security

deposits to avoid penalties.

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 Questions about compliance? Contact Sterling West Property Management—we’re here to help