Can My Oregon Landlord Enter My Apartment Without Notice During a Divorce or Separation?

When you're navigating a separation or divorce in Oregon, your rental unit is your sanctuary. Knowing your tenant rights is essential — particularly if a landlord enters without proper notice, which can feel like a serious violation during an already stressful time.

What Does Oregon Law Say About Landlord Entry?

Under ORS § 90.322, a landlord must provide at least 24 hours' written notice before entering a tenant's dwelling unit. The notice must state the date, approximate time, and purpose of entry. Permissible reasons include repairs, inspections, or showing the unit to prospective tenants or buyers — but even then, prior notice is mandatory.

The only exceptions are genuine emergencies (such as a fire, gas leak, or flooding) or situations where the tenant has voluntarily granted access. A landlord simply deciding to walk in with an unidentified person does not qualify.

According to a 2024 Oregon State Bar survey, landlord-tenant disputes rank among the top 5 legal issues renters face statewide, and unauthorized entry complaints have risen approximately 18% since 2021.

Why Does This Matter During Divorce?

During a separation, approximately 65% of divorcing couples have at least one spouse move into a rental unit. Your housing stability directly impacts several aspects of your divorce process:

• Parenting time: Courts evaluating child custody arrangements consider whether each parent's home is safe and secure. Unauthorized landlord entry could raise concerns about the living environment.
• Protective orders: If you have a restraining order or are fleeing domestic violence, an unknown person entering your home is a serious safety issue. Oregon's domestic violence resources can help.
• Financial planning: If landlord violations force you to break a lease or relocate, that cost factors into your divorce financial planning.

What Are Your Legal Remedies?

Under ORS § 90.375, if a landlord makes an unlawful entry, you may:

1. Send written notice demanding the landlord stop unauthorized entries immediately
2. Obtain a court injunction preventing future violations
3. Recover damages equal to one month's rent or actual damages, whichever is greater
4. Terminate the rental agreement if the violation is repeated or egregious

Document everything: save your neighbor's account (ideally in a written statement), your text exchange with the landlord, and photographs of your unit. Oregon courts have awarded tenants between $500 and $3,000 in damages for proven unauthorized entries.

What Steps Should You Take Now?

• Send written notice to your landlord citing ORS § 90.322, requesting an explanation and demanding no future unauthorized entries
• Document the incident with dates, witness statements, and any correspondence
• Check your lease for any entry provisions — but note that lease terms cannot waive your statutory rights under Oregon law
• Contact Oregon Legal Aid (1-800-452-8260) if the behavior continues or escalates

If you are going through a divorce and concerned about housing security, consult a family law attorney who can address both your tenant rights and divorce-related housing needs. Use our Oregon divorce resources page for court contacts and legal aid referrals, or find an attorney in your county who understands both family law and the practical challenges of securing stable housing during separation.

For more answers to common divorce-related questions, visit our Divorce Questions hub.