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Oregon 24-Hour Notice Requirement for Landlord Entry — ORS 90.322 Compliance Guide (2026)

Oregon 24-Hour Notice Requirement for Landlord Entry — ORS 90.322 Compliance Guide (2026) - landlord compliance guide

Key Takeaways

  • 24-hour written notice is mandatory — Oregon law (ORS 90.322) requires landlords to provide written notice at least 24 hours before entering a rental unit, except in genuine emergencies
  • Only six entry reasons are legally permitted — inspections, repairs, showing to prospective tenants/buyers, pest control, yard maintenance, and emergency situations are the only lawful purposes under statute
  • Notice must be written and specific — oral notice doesn’t satisfy the requirement; notice must identify the date, time window, and reason for entry
  • Violations trigger statutory damages up to three months’ rent — tenant can sue for actual damages plus civil penalties; repeated violations may constitute harassment under ORS 90.385
  • Emergency entries bypass the 24-hour rule — fire, flood, gas leak, and safety threats allow immediate entry, but landlord must document the emergency and provide notice as soon as practicable afterward
  • Tenant’s right to privacy is absolute during non-business hours — entries during nighttime (typically 9 PM to 8 AM) and without notice may violate privacy rights and harassment statutes

What is ORS 90.322 and Why It Matters for Oregon Landlords

Oregon’s landlord-tenant statute ORS 90.322 is one of the most tenant-protective entry statutes in the United States. Unlike many states that allow 48-hour notice or no notice in certain circumstances, Oregon requires a full 24 hours’ written notice before a landlord can lawfully enter a rental property—with extremely narrow emergency exceptions.

For self-managing landlords operating 2-75 units across Oregon, understanding and complying with ORS 90.322 is non-negotiable. Violations are not technical infractions; they expose you to:

  • Tenant lawsuits for actual damages (lost work time, emotional distress, replacement locks)
  • Statutory civil penalties (up to three months’ rent per violation)
  • Harassment claims that may undermine your ability to evict for cause
  • Negative testimony from tenants that harms your credibility in court proceedings

This guide walks through every compliance requirement, the exact language the statute requires, which entry purposes are legal, and what to do when you face a legitimate emergency.

The Legal Text: What ORS 90.322 Actually Says

Oregon Revised Statutes 90.322 reads:

“(1) Except in case of emergency, a landlord shall not enter the dwelling unit except: (a) Upon reasonable advance written notice of at least 24 hours to the tenant; and (b) For purposes limited to: (A) Inspection of the dwelling unit; (B) Making necessary or agreed repairs, alterations or improvements; (C) Showing the dwelling unit to prospective or existing tenants, prospective or existing purchasers, or workers or contractors; (D) Pest control treatment; (E) Yard or grounds maintenance; or (F) Any other purpose to which the tenant has consented.”

The statute continues in subsection (2): “The landlord shall provide the notice required by subsection (1) of this section in writing and shall state the date, approximate time and purpose of entry.”

This language is absolute. There are no carve-outs for “entry reasonable under the circumstances” or “quick inspections.” The statute is transactional: 24 hours, written, stated purpose. Period.

The Six Legally Permitted Reasons for Entry Under ORS 90.322

Oregon law restricts entry to exactly six purposes (plus emergencies). Entering for any other reason is a statutory violation, even if you own the property.

1. Inspection of the Dwelling Unit

Inspections are the most common entry reason. Oregon law recognizes that landlords need to verify the unit’s condition, check for damage, and ensure compliance with habitability standards (addressed in ORS 90.320).

Compliance requirements:

  • Notice must state “inspection” or “property inspection”—be specific
  • Provide a reasonable time window (e.g., “Thursday, September 12, 2026, between 2 PM and 5 PM”)
  • Document findings in writing (photos, condition notes) to defend against later tenant claims of damage you caused
  • Inspections should occur during business hours and working days unless tenant agrees otherwise
  • Do not exceed what is reasonable under the circumstances—inspecting a 2-bedroom apartment should take 20-40 minutes, not 3 hours

Best practice: Provide inspection notice at least 5 business days in advance, even though statute requires only 24 hours. This demonstrates good faith and reduces tenant friction.

2. Making Necessary or Agreed Repairs, Alterations, or Improvements

Repairs and maintenance are a central landlord function. Oregon recognizes that rental units require ongoing repair work.

Compliance requirements:

  • Notice must identify the specific repair or work to be performed—not just “repairs”
  • Example: “Repair kitchen sink faucet leak” or “Paint bedroom wall” is compliant; “maintenance work” is vague
  • If the repair is urgent (burst pipe, heater failure in winter), you may still need to give notice, but the 24-hour rule may flex in genuine emergency situations (discussed below)
  • Contractor names should be included if not performing the work yourself
  • If the work will take multiple days, each day requires separate notice unless tenant consents to extended access

Common mistake: Landlords provide notice for “repairs as needed” for an entire month. This does not satisfy the statute. Each specific repair entry requires its own 24-hour written notice identifying the work.

3. Showing the Dwelling Unit to Prospective or Existing Tenants, Purchasers, or Contractors

Whether you’re showing the unit to prospective tenants (preparing for lease renewal or turnover), potential buyers, or contractors bidding on work, notice is required.

Compliance requirements:

  • Specify the reason: “Show unit to prospective tenants” or “Show unit to potential buyer”
  • Provide specific date and time (e.g., “2 PM to 4 PM on September 10, 2026”)
  • If showing to multiple parties on the same day, you may provide one notice with multiple time slots, but the 24-hour window applies to the first showing
  • Showings during tenant occupancy are sensitive; avoid early morning (before 8 AM) or late evening (after 9 PM)
  • Tenant cannot unreasonably withhold consent to showings if unit is being actively marketed for sale or lease renewal

Oregon courts have found that excessive showings (multiple times per week) can constitute harassment under ORS 90.385, even with proper notice. Document all showings and space them reasonably.

4. Pest Control Treatment

Bed bugs, cockroaches, ants, and other pests require professional treatment that may involve landlord or contractor entry.

Compliance requirements:

  • Notice must state “pest control treatment” and identify the pest or treatment type
  • If tenant’s actions caused the infestation (hoarding, poor sanitation), you may still need to provide notice but should document the cause
  • If the unit is currently vacant and you’re treating before a new tenant moves in, notice to the current tenant is not required (there is no current tenant)
  • Provide any special instructions (e.g., “remove food items from kitchen cabinets before treatment”)
  • If recurring treatments are needed, each treatment requires a separate notice

Pest control is an entry reason that frequently requires follow-up inspections; each inspection also requires separate notice.

5. Yard or Grounds Maintenance

Exterior work (mowing, landscaping, trimming trees, clearing gutters) is a permitted entry reason.

Compliance requirements:

  • Specify the type of work: “lawn mowing,” “gutter cleaning,” “tree trimming”
  • Provide reasonable time window so tenant knows workers will be present
  • If workers need to access the interior (e.g., to retrieve equipment from a locked shed), provide notice
  • Yard maintenance during normal business hours (Monday–Friday, 8 AM–5 PM) is generally reasonable without extensive notice, but the 24-hour written requirement still applies

Gray area: If the tenant has a gate lock or the yard is fully enclosed, you may need to coordinate more carefully to avoid access disputes.

6. Any Other Purpose to Which the Tenant Has Consented

If the tenant agrees in writing to entry for a reason not listed above, that entry is permissible.

Compliance requirements:

  • Consent must be in writing (email is acceptable; oral consent is not legally sufficient)
  • Consent should state the specific date, time, and purpose
  • Tenant can withdraw consent in writing at any time before the scheduled entry
  • A blanket statement in the lease (e.g., “tenant consents to landlord entry for any purpose”) does NOT satisfy this requirement; specific consent for specific entries is needed

Example: Tenant emails you on September 1 saying, “You can come check out the water stain in the living room anytime this week.” This is specific written consent that satisfies ORS 90.322(1)(b)(F).

Understanding the 24-Hour Notice Requirement

When Does the 24-Hour Clock Start?

The statute says “reasonable advance written notice of at least 24 hours.” Oregon courts interpret this as a full 24-hour period, not “by end of business the next day.”

Correct calculation:

Notice Delivered Earliest Entry Time Compliant?
Monday 2 PM Tuesday 2 PM or later Yes
Monday 2 PM Tuesday 1:59 PM No
Friday 5 PM Saturday 5 PM or later Yes
Friday 5 PM Monday 8 AM No (weekends count)

Weekends and holidays count toward the 24-hour period. If you provide notice on Friday at 5 PM, the earliest compliant entry is Saturday at 5 PM—not Monday.

Notice Must Be Written

Oral notice does not satisfy ORS 90.322. A tenant cannot later argue they agreed and then claim they didn’t remember.

Acceptable written notice methods:

  • Hand-delivered written notice (in person)
  • Email to tenant’s email address on file
  • Text message to tenant’s phone number on file (increasingly accepted by Oregon courts as “written”)
  • Notice posted on the unit’s front door (acceptable if tenant not home)
  • Certified mail (overkill for entry notice, but compliant)

Not acceptable:

  • Verbal conversation (even if witnessed)
  • Phone call
  • Notice left with a family member or occupant who is not the primary leaseholder (unless that person is an authorized representative)
  • Social media message (unless the lease specifically designates social media as notice method)

Best practice: Use email or hand-deliver a printed notice. Email provides a time-stamped record and satisfies the “writing” requirement under Oregon law.

Notice Must State Date, Time, and Purpose

ORS 90.322(2) requires the notice to state three elements:

Required Element What Satisfies the Requirement What Does NOT Satisfy
Date Specific calendar date (e.g., “September 12, 2026”) “Next week” or “sometime in September”
Time Approximate window (e.g., “2 PM to 5 PM” or “between 10 AM and 12 PM”) “Morning” or “afternoon” (too vague); exact time like “2:00 PM precisely” is unreasonable
Purpose Specific reason tied to one of the six permitted purposes (e.g., “inspect for water damage,” “repair kitchen faucet”) Generic language like “maintenance” or “inspection” without identifying what will be inspected or maintained

Example of compliant notice language:

“Dear [Tenant Name], This is to provide notice that we will enter the unit at 456 Oak Street on Thursday, September 12, 2026, between 2:00 PM and 4:00 PM to perform a routine property inspection, including checking the condition of appliances, plumbing, walls, and flooring. If you have any questions or need to reschedule this inspection, please contact us at [phone number] or [email]. This notice is provided in accordance with Oregon Revised Statutes 90.322.”

Example of non-compliant notice:

“Hi, we need to come look at your place soon for maintenance stuff. We’ll probably come by sometime this week. -Landlord”

The second example fails on all three elements: no specific date, no time window, and no identified purpose.

The Emergency Exception: When You Don’t Need 24-Hour Notice

ORS 90.322(1) begins: “Except in case of emergency…” This creates a narrow pathway to enter without 24 hours’ notice, but “emergency” is defined narrowly under Oregon law.

What Qualifies as an Emergency Under Oregon Law

Oregon courts interpret “emergency” to mean:

  • Fire: Active fire or evidence of fire
  • Flood or water damage: Water actively entering the unit or evidence of imminent flooding from pipes, roof leaks, or exterior
  • Gas leak: Smell of natural gas or evidence of gas line rupture
  • Utility failure: Loss of electricity, water, or heat in winter months (defined by Oregon as below 55°F regularly)
  • Safety threat: Structural damage, broken windows or doors, or hazardous conditions that create immediate risk to tenant safety
  • Pest infestation requiring immediate treatment: Rarely qualifies; routine pest control does not (covered by the regular entry purposes)
  • Break-in or intrusion attempt: Evidence that someone has illegally entered the unit

What Does NOT Qualify as Emergency

  • Routine maintenance (clogged drain, leaky faucet, paint peeling)
  • Tenant complaints about minor issues (draft, noise, odor)
  • Scheduled repairs, even if urgent to the landlord’s timeline
  • Desire to show the unit to a prospective tenant
  • Suspicion that tenant is violating lease (unauthorized occupants, pets, etc.)
  • Lockout situations where tenant locked themselves out (tenant responsibility)

Post-Emergency Notice Requirement

Even in an emergency, the statute requires that you provide notice “as soon as practicable” after entry. This is not optional.

Best practice for emergency entry:

  1. Enter and address the life/safety threat
  2. Within 24 hours, provide written notice explaining the emergency, date, time, and actions taken
  3. Document the emergency with photos (if safe to do so) or written description
  4. Offer to meet the tenant to discuss the emergency and repair work

Example: A water heater fails in winter, causing water to spray into the unit. You have a locksmith open the door, turn off the water, and call a plumber. Within 24 hours, you email the tenant: “Yesterday at 6:15 PM, we discovered a burst water heater leaking into the unit. We immediately shut off the water supply and called Anderson Plumbing to assess the damage. The plumber will arrive on Friday at 2 PM to replace the heater. We will provide further updates.”

This demonstrates good faith and protects you against claims that you violated ORS 90.322.

Penalties and Legal Consequences for Violations

Oregon law takes entry violations seriously. A single violation can expose you to substantial damages.

Statutory Damages

Under ORS 90.322, a tenant can sue for:

  • Actual damages: Cost of replacement locks, time off work to be present, cleaning costs, replacement of disturbed items (if any were damaged during entry)
  • Civil penalty up to three months’ rent: This is in addition to actual damages, not instead of them
  • Attorney fees and court costs: Oregon courts routinely award these in entry violation cases

Example: You enter a unit in Portland without proper notice to inspect. The tenant files suit claiming $500 in actual damages (locksmith cost, 4 hours work time at $125/hour). The unit’s rent is $1,200/month. The tenant can potentially recover: $500 (actual) + $3,600 (three months’ rent) + $2,000 (attorney fees estimate) = $6,100 total.

Harassment Claims Under ORS 90.385

Repeated entry violations, even with notice, may constitute harassment. Oregon Revised Statutes 90.385 prohibits conduct that:

  • Substantially interferes with tenant’s peaceful enjoyment of the unit
  • Is intended to retaliate against the tenant or force them to vacate
  • Includes excessive or unreasonable entry attempts

If a tenant claims harassment due to entry violations, they can:

  • Sue for damages (same as above plus emotional distress)
  • Request a restraining order prohibiting further entries
  • Use harassment as an affirmative defense if you later try to evict them for non-payment or other cause
  • File a complaint with the Oregon Bureau of Labor and Industries (BOLI), which can assess penalties

Impact on Eviction Cases

Violating ORS 90.322 can sabotage your ability to evict a tenant for cause. If you issue a notice to quit for non-payment or lease violation, the tenant can claim in court that your illegal entries undermine your credibility and that they withheld rent because you violated their habitability right to “quiet enjoyment” of the premises.

While this may not be a successful defense in all cases, it complicates your eviction, extends the timeline, and increases legal costs.

Tenant Rights and Tenant’s Right to Refuse or Condition Entry

Tenant’s Right to Refuse Entry Without a Valid Reason

A tenant cannot simply refuse entry if you have complied with ORS 90.322. If you provide proper notice for a permitted purpose, the tenant must allow entry. Refusal to allow a lawful entry can be grounds for lease violation and eventually eviction.

However: If a tenant is absent during the scheduled time window and did not provide access (key, garage door code, etc.), you may not use force to enter. You must reschedule with new notice.

Tenant’s Right to be Present During Entry

Oregon law does not explicitly give tenants the right to be present, but best practice is to allow it. If a tenant requests to be present, accommodating this request reduces conflict and provides a witness to the entry.

Tenant Cannot Condition Entry on Unrelated Matters

A tenant cannot say, “I’ll allow entry for the inspection only if you fix the leaky faucet.” Entry for an inspection is a separate right from your repair obligation. If you provide proper notice for an inspection, the tenant’s obligation to allow entry is not conditional on other repairs being completed.

Practical Compliance Checklist for Oregon Landlords

Use this checklist for every entry you plan:

Compliance Item Action Required Document
Is this a permitted purpose? Verify entry falls under one of six categories or emergency exception Note in your maintenance log
Compose written notice Include specific date, time window (min. 2-hour window), and purpose Email or printed copy signed by landlord
Deliver notice Hand-deliver, email, or posted on door; allow minimum 24 hours before entry Screenshot of email, photo of posted notice, or signed receipt
Confirm 24-hour clock Calculate: notice delivery time + 24 hours = earliest entry time Calendar note with entry date/time and notice delivery timestamp
Perform entry Arrive within stated time window; do not exceed reasonable scope Photos, video, condition report
Document findings Record what was inspected, repaired, or observed Detailed report; contractor invoice if applicable
Post-entry communication Send tenant summary of work performed and any follow-up needs Email or written communication

Common Mistakes Oregon Landlords Make with Entry

Mistake 1: Treating “24 Hours” as “By Next Business Day”

Landlords often think notice given on Friday at 5 PM allows entry on Monday at 8 AM. Wrong. The entry cannot occur until Saturday at 5 PM at the earliest (24 hours later). Weekends count.

Mistake 2: Providing Vague Notice

“We need to inspect the unit soon” is not compliant. Tenants need a specific date and time to arrange their schedule. Notice must be clear enough that a tenant who missed it could read it and know exactly when you’re coming.

Mistake 3: Entering When Tenant Doesn’t Show Up

If a tenant is absent during the scheduled time window and has not provided a key or access code, you cannot force entry. You must reschedule with new notice. Forcing entry (picking a lock, breaking a window) is trespass and creates criminal liability.

Mistake 4: Claiming Emergency When It’s Not

A clogged toilet, even on a weekend, is not an emergency. A working toilet will not cause immediate danger. Emergency entry is for life/safety threats only. Misusing the emergency exception exposes you to harassment claims and damages.

Mistake 5: Using Entry as Retaliation or Harassment Tool

If you enter repeatedly for minor or pretextual reasons, or if entry occurs right after a tenant complains about repairs, the tenant can claim harassment under ORS 90.385. Even legally compliant notice does not shield you if the pattern shows retaliatory intent.

Mistake 6: Bringing Unauthorized Contractors or Guests

The notice authorizes you (or your agent) to enter. Bringing a contractor to estimate work is usually acceptable under “showing to contractors.” But bringing a property appraiser, title company representative, or insurance adjuster requires notice that specifically states those persons will be present. Never bring a personal guest or curious friend.

Mistake 7: Failing to Document the Entry and Notice

If a tenant later sues, claiming you entered without notice, you need proof: the timestamped email notice, a photo of the posted notice, or written acknowledgment. Keep a log of all entries with dates, times, purposes, and documentation.

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