90.360 Effect
of landlord noncompliance with rental agreement or obligation to maintain
premises; generally.
(1)(a) Except as provided in this chapter, if there is a material noncompliance
by the landlord with the rental agreement or a noncompliance with ORS 90.320 or
90.730, the tenant may deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and that the rental agreement will
terminate upon a date not less than 30 days after delivery of the notice if the
breach is not remedied in seven days in the case of an essential service or 30
days in all other cases, and the rental agreement shall terminate as provided
in the notice subject to paragraphs (b) and (c) of this subsection. However, in
the case of a week-to-week tenancy, the rental agreement will terminate upon a
date not less than seven days after delivery of the notice if the breach is not
remedied.
(b) If the breach
is remediable by repairs, the payment of damages or otherwise and if the
landlord adequately remedies the breach before the date specified in the
notice, the rental agreement shall not terminate by reason of the breach.
(c) If
substantially the same act or omission that constituted a prior noncompliance
of which notice was given recurs within six months, the tenant may terminate
the rental agreement upon at least 14 days’ written notice specifying the
breach and the date of termination of the rental agreement. However, in the
case of a week-to-week tenancy, the tenant may terminate the rental agreement
upon at least seven days’ written notice specifying the breach and date of
termination of the rental agreement.