The Oregon timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid. Oregon's rule depends on a condition (or sets no fixed number of days), so we describe the steps rather than put a date on them.
- The 1stRent is due (the example due date used throughout this page).
- Not before the 5thLate fee: Oregon sets a 4-day grace period. No late fee unless rent is not received by the 4th day of the rental period (fees start on the 5th day); must be in a written agreement. Whether the fee can start on that day or the next depends on how Or. Rev. Stat. § 90.260 counts days.
- Notice10-day notice served no sooner than the 8th day of the rental period, or 13-day notice served no sooner than the 5th day (72 hours for week-to-week) (Or. Rev. Stat. § 90.394). Because of that condition, we don't compute an example date.
- Earliest filingOnly after the 10-day period has fully run with rent still unpaid.
The notice for unpaid rent
10-day notice served no sooner than the 8th day of the rental period, or 13-day notice served no sooner than the 5th day (72 hours for week-to-week). Or. Rev. Stat. § 90.394
Among the 31 states we have verified, 19 require less notice (3 of them none at all), 4 others use the same 10 days as Oregon, and 6 require a longer one. Among states that require a notice, the median is 7 days.
Late fees and the grace period
No late fee unless rent is not received by the 4th day of the rental period (fees start on the 5th day); must be in a written agreement. Or. Rev. Stat. § 90.260
Statutory limit: One of: a reasonable flat fee once per period; a daily fee up to 6% of that reasonable flat fee; or 5% of periodic rent per 5-day period of delinquency.
This limit isn’t a single percentage, so we don’t turn it into a dollar table. Apply it as written to your own rent and lease terms.
Oregon is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in Oregon
Notes from our review: Days are counted including the first day rent is due. Text read from the 2023 ORS edition via oregon.public.law; 2025-session changes not checked.
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
Oregon and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| Oregon | 10 days | 4 days | Statutory cap (see guide) | Verified |
| California | 3 days | None statewide | No statutory cap | Verified |
| Idaho | 3 days | None statewide | No statutory cap | Unverified |
| Nevada | 7 business days | 3 days | 5% of rent | Unverified |
| Washington | 14 days | 5 days | No statutory cap | Verified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: Or. Rev. Stat. § 90.394
- Late fees and grace period: Or. Rev. Stat. § 90.260
- Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.