By
Phillip C. Querin, QUERIN LAW, LLC
MHCO Legal Counsel
Update. The Oregon Judicial Department is responsible for drafting the Rental Assistance Notice for tenants facing a nonpayment eviction. It is required to be included with:
- Notices of nonpayment evictions issued by landlord; and
- Eviction summonses which accompany the landlord’s nonpayment complaint after the case is filed in court.
Effective January 1, 2026, the new Rental Assistance Notice (“New Form”) replaces the previous 2025 Rental Assistance Notice (“Old Form”). The failure to attach the New Form may result in a dismissal of the eviction complaint by the Court - meaning landlord will have to start the eviction process over again and may have to pay tenant’s prevailing attorney fees for the dismissal.
Applicable Statutes. See: ORS 90.395 (Required delivery of notice of rental assistance and support services before termination for nonpayment) and ORS 105.136 (Form of notice to tenants regarding rental and eviction assistance).
What Has Changed For 2026? Previously, the Old Form was much shorter; the tenant information was only referenced as being available in different languages. Commencing on January 1, 2026, the text in the New Form sets out the required tenant information verbatim in six (6) different languages. It is a much longer form.
MHCO Forms Affected. Commencing in 2026 the New Form will accompany the following MHCO nonpayment forms:
- The 10-day Notice of Nonpayment of Rent (MHCO Form 82A);
- The 30-day Notice for nonpayment of unpaid fees, utilities, etc. (MHCO Forms 43 and 205); and
- The 3-Strikes Notice (MHCO Form 43D).
The New Form will also be included as a “free-standing” form with its own number (to be determined). If not already included by the attorney or person responsible for filing the eviction complaint, the New Form should be included with the summons for any eviction based on a 10-day notice for nonpayment of rent, a 3-strikes notice, or a 30-day notice for unpaid fees, utilities, etc.
MHCO Form 111 is a separate form used to accompany the New Form in those cases in which a member wishes to include it with a notice for another nonpayment breach by tenant that is not otherwise covered by the above-referenced MHCO forms.[1]
[1] Landlords should consider consulting legal counsel before using, since some events do not constitute a “non- payment.” For example, tenant’s failure to pay for damage to the premises is not a “nonpayment.” See, ORS 90.395(2).
