Requires a tenant to pay accruing rent to avoid termination for nonpayment.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2297
Sponsored by Representative MANNIX (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act deters tenants from waiting until eviction process to pay rent. (Flesch Read-
ability Score: 60.7).
Requires a tenant to pay accruing rent to avoid termination for nonpayment. Requires the
awarding of attorney fees in favor of a landlord if a tenant does not pay rent until the date of trial.
A BILL FOR AN ACT
Relating to tendering rent to avoid termination of residential tenancy; creating new provisions; and
amending ORS 90.395.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 90.395 is amended to read:
90.395. (1) As used in this section:
(a) “Nonpayment” means the nonpayment of a payment that is due to a landlord, including a
payment of rent, late charges, utility or service charges or any other charge or fee as described in
the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630.
(b) “Nonpayment” does not include payments owed by a tenant for damages to the premises.
(2) A landlord shall deliver a copy of the notice posted on the website of the Judicial Depart-
ment under ORS 105.136 along with:
(a) Any notice of termination for nonpayment; and
(b) Any summons for a complaint seeking possession based on nonpayment given by the landlord
or service processor, including a summons delivered under ORS 105.135 (3)(b).
(3) A court shall enter a judgment dismissing a complaint for possession that is based on a ter-
mination notice for nonpayment if the court determines that:
(a) The landlord failed to deliver the notice as required under subsection (2) of this section;
(b) The landlord caused the tenant to not tender rent, including as a result of the landlord’s
failure to reasonably participate with a rental assistance program; or
(c) The tenant has tendered or caused to be tendered rental assistance or any other payment
covering :
(A) The nonpayment amount owed under the termination notice for nonpayment ; and
(B) Any additional rent that becomes due on or before the date of the payment .
(4) Notwithstanding ORS 105.137 (4), if a claim for possession is dismissed under subsection (3)(c)
of this section and the payment was tendered after the action was commenced[ ,]:
(a) The tenant is not entitled to prevailing party fees, costs or attorney fees.
(b) If the tenant tenders rent on the date scheduled for trial, the landlord is entitled to
a money judgment in the amount of the landlord’s costs and reasonable attorney fees.
(5) Notwithstanding ORS 90.302, a landlord may charge a tenant for filing fees paid under ORS
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 590
HB 2297
1
2
3
4
5
6
105.130, if the complaint for possession is dismissed under subsection (3)(c) of this section. Payment
of the fees is not a prerequisite for dismissal under subsection (3)(c) of this section.
SECTION 2.
The amendments to ORS 90.395 by section 1 of this 2025 Act apply to com-
plaints for possession that are based on termination notices issued on or after January 1,
2025.
[2]