ORS § 105.120

(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 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; 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]