ORS § 90.417

90.417 Duty to
pay rent; effect of acceptance of partial rent. (1) A tenant’s duty regarding rent
payments is to tender to the landlord an offer of the full amount of rent owed
within the time allowed by law and by the rental agreement provisions regarding
payment. A landlord may refuse to accept a rent tender that is for less than
the full amount of rent owed or that is untimely.

(2) A landlord
may accept a partial payment of rent. The acceptance of a partial payment of
rent in a manner consistent with subsection (4) of this section does not
constitute a waiver under ORS 90.412 (2)(b) of the landlord’s right to
terminate the tenancy under ORS 90.394 for nonpayment of the balance of the
rent owed.

(3) A landlord
and tenant may by written agreement provide that monthly rent shall be paid in
regular installments of less than a month pursuant to a schedule specified in
the agreement. Installment rent payments described in this subsection are not
partial payment of rent for purposes of this section.

(4) The
acceptance of a partial payment of rent waives the right of the landlord to
terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent
unless:

(a)(A) The
landlord accepted the partial payment of rent before the landlord gave a
nonpayment of rent termination notice under ORS 90.394 based on the tenant’s
agreement to pay the balance by a time certain and the tenant does not pay the
balance of the rent as agreed;

(B) The landlord’s
notice of termination is served no earlier than it would have been permitted
under ORS 90.394 had no rent been accepted; and