1. (1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 to 105.168 if:

   1. (a) The tenant has vacated the premises;
   2. (b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and
   3. (c) The landlord has not knowingly accepted rent from the person in possession of the premises.
2. (2) Service of notice under this section does not create a right of tenancy for the person in possession of the premises.

[2005 c.391 §12]