# ORS § 105.120: 105.120 Notice necessary to maintain action in certain cases

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.120

## Section

- **Citation:** ORS § 105.120
- **Heading:** 105.120 Notice necessary to maintain action in certain cases
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 10 / Chapter 105 / Section 105.120

## Text

(1) As used in this section, “rent” does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f).

(2) Except as provided in subsection (3) of this section, an action for the recovery of the possession of the premises may be maintained in cases provided in ORS 105.115 (Causes of unlawful holding by force) (1)(b), when the notice to terminate the tenancy or to quit has been served upon the tenant or person in possession in the manner prescribed by ORS 91.110 (Notices to be in writing) and for the period prescribed by ORS 91.060 (Tenancy from year to year) to 91.080 (Termination when expiration of tenancy fixed by terms of lease) before the commencement of the action, unless the leasing or occupation is for the purpose of farming or agriculture, in which case the notice must be served for a period of 90 days before the commencement of the action. Any person entering into the possession of real estate under written lease as the tenant of another may, by the terms of the lease, waive the giving of any notice required by this subsection.

(3) An action for the recovery of the possession of a dwelling unit to which ORS chapter 90 applies may be maintained in situations described in ORS 105.115 (Causes of unlawful holding by force) (2) when the notice to terminate the tenancy or to quit has been served by the tenant upon the landlord or by the landlord upon the tenant or person in possession in the manner prescribed by ORS 90.155 (Service or delivery of written notice) .

(4) Except when a tenancy involves a dwelling unit subject to ORS chapter 90, the service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person in possession for the possession of premises before the expiration of any period for which the tenant or person has paid the rent of the premises in advance.

(5) An action to recover possession of a dwelling unit subject to ORS chapter 90 may not be brought or filed against a tenant or person in possession based upon a notice under ORS 90.427 (Termination of tenancy without tenant cause) to terminate the tenancy until after the expiration of any period for which the tenant or person has paid the rent of the dwelling unit in advance, unless:

(a) The only other money paid by the tenant was collected as a last month’s rent deposit as provided under ORS 90.300 (Security deposits) ; or

(b) The only unused rent was paid by the tenant for a rental period extending beyond the termination date specified in a valid outstanding notice to terminate the tenancy and the landlord refunded the unused rent within 10 days after receipt by delivering the unused rent to the tenant in person or by first class mailing. [Amended by 1973 c.559 §35; 1981 c.753 §6; 1983 c.303 §5; 1985 c.588 §13; 1989 c.506 §18; 1993 c.369 §15; 1995 c.559 §52; 1997 c.577 §31; 1999 c.603 §35; 1999 c.676 §26; 2007 c.906 §36; 2013 c.294 §15]

Source: Section 105.120 — Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 105.005 105.005 Right of action](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.005.md)
- [ORS § 105.010 105.010 Contents of complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.010.md)
- [ORS § 105.015 105.015 Answer](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.015.md)
- [ORS § 105.020 105.020 Substitution of landlord for tenant](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.020.md)
- [ORS § 105.025 105.025 Verdict](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.025.md)
- [ORS § 105.030 105.030 Damages for withholding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.030.md)
- [ORS § 105.035 105.035 Judgment when plaintiff’s right to possession expires](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.035.md)
- [ORS § 105.040 105.040 Order to make survey](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.040.md)
- [ORS § 105.045 105.045 Action not prejudiced by alienation by person in possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.045.md)
- [ORS § 105.050 105.050 Cotenant shall prove ouster](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.050.md)
- [ORS § 105.055 105.055 Conclusiveness of judgment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.055.md)
- [ORS § 105.060 105.060 Effect of new trial on plaintiff’s possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.060.md)
- [ORS § 105.070 105.070 Rights of donee under Donation Law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.070.md)
- [ORS § 105.075 105.075 Notice to quit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.075.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.120. Check the current official text before relying on it. Not legal advice.