105.120 Notice
necessary to maintain action in certain cases; waiver of notice; effect of
advance payments of rent.
(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
(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
and for the period prescribed by ORS 91.060 to 91.080 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 (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.
(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.