| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Oregon?
Oregon landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs (including yard maintenance, but only if this is agreed in the lease).
- Showing the property.
- Emergencies.
Can a Landlord Enter Without Permission in Oregon?
Oregon landlords can legally enter a rental property without permission in emergencies, and when the tenant is gone from the property more than seven days. The landlord also doesn’t need permission to post a notice on the property, but isn’t allowed to enter the dwelling areas to do so.
If the landlord enters without permission for emergency purposes, the landlord has to give the tenant notice within 24 hours of entry, including the date and time of entry, the nature of the emergency, and names of the people who entered. Otherwise, it counts as an illegal entry.
Can a Landlord Enter Without the Tenant Present in Oregon?
Oregon landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Oregon?
Oregon landlords can show an occupied house, as long as the renter gets proper notice before each showing and the entry is done in a reasonable time and manner.
The landlord can also make a special written agreement with the renter to show the property without notice, at reasonable times, if the landlord is actively trying to sell the property. This agreement must be separate from the lease, and the renter has to be compensated in some way for agreeing.
How Often Can Landlords Conduct Routine Inspections in Oregon?
Oregon landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Oregon?
Oregon landlords have to provide at least 24 hours of advance notice before entering, in all cases where notice is required.
Can a Landlord Enter Without Notice in Oregon?
Oregon landlords can’t enter without proper advance notice except to post a notice on the exterior of the property, unless there’s an emergency, the tenant has been gone more than seven days, or the tenant has waived notice for a specific purpose by taking one of the following actions:
- Signing an agreement for the landlord to show the property without notice.
- Signing an agreement, including in the original lease, for the landlord to enter the property (not including the dwelling unit) without notice for yard maintenance.
- Requesting maintenance from the landlord (if the first no-notice entry for the requested repairs takes place within seven days of the request).
How Can Landlords Notify Tenants of an Intention To Enter in Oregon?
Oregon landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Oregon?
Oregon tenants can often refuse landlord entry. Landlords can enter in emergencies, and when the tenant is gone from the property more than seven days, regardless of consent. Tenants can refuse entries for other lawful purposes, if time or manner are unreasonable (for example, non-emergency maintenance at 2:00 AM).
In order to legally refuse a landlord’s entry, the tenant must inform the landlord before attempted entry that they are refusing consent. They can do this by directly telling the landlord or the landlord’s agents, or they can post a written refusal of consent on the main entrance of their rented property.
Additionally, when tenants request repairs, they can ask the landlord to send written proof of authorization with the repairman. If the repairman arrives for maintenance and doesn’t have the requested written authorization, the tenant can refuse entry.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Oregon?
Oregon landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Deliver a 10- or 14-day day notice (depending on specifics) and cancel the rental agreement.
- Recover reasonable court costs and attorney fees from the tenant through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in Oregon?
Oregon tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Oregon?
Oregon tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from entering.
- Deliver a written notice (usually 30 days) to cease or cancel the rental agreement.
- Recover court costs and attorney fees from the landlord through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 Or. Rev. Stat. § 90.322(1) (2023)
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“A landlord or, to the extent provided in this section, a landlord’s agent may enter into the tenant’s dwelling unit or any portion of the premises under the tenant’s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.”
Source Link - 2 Or. Rev. Stat. § 90.322(1)(a) (2023)
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“The right of access of the landlord or landlord’s agent is limited as follows: A landlord or landlord’s agent may enter upon the premises under the tenant’s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.”
Source Link - 3 Or. Rev. Stat. § 90.322(1)(b) (2023)
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“The right of access of the landlord or landlord’s agent is limited as follows: In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant’s exclusive control without consent of the tenant, without notice to the tenant and at any time. ‘Emergency’ includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.”
Source Link - 4 Or. Rev. Stat. § 90.322(5) (2023)
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“A landlord has no other right of access except: (a) Pursuant to court order; (b) As permitted by ORS 90.410 (Effect of tenant failure to give notice of absence) (2); or (c) When the tenant has abandoned or relinquished the premises.”
Source Link - 5 Or. Rev. Stat. § 90.322(2) (2023)
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“A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.”
Source Link - 6 Or. Rev. Stat. § 90.322(1)(d) (2023)
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“A landlord and tenant may agree that the landlord or the landlord’s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement: (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises; (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and (C) Is supported by separate consideration recited in the agreement.”
Source Link - 7 Or. Rev. Stat. § 90.322(1)(f) (2023)
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“In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.”
Source Link - 8 Or. Rev. Stat. § 90.322(1)(e)(A) (2023)
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“If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises: (i) A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the premises under the tenant’s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement. (ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.”
Source Link - 9 Or. Rev. Stat. § 90.322(1)(c) (2023)
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“If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without the tenant’s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.”
Source Link - 10 Or. Rev. Stat. § 90.322(7) (2023)
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“If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 (Termination of tenancy for cause) and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings). In addition, the landlord may recover actual damages.”
Source Link - 11 Or. Rev. Stat. § 90.255 (2023)
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“In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prevailing party” means the party in whose favor final judgment is rendered.”
Source Link - 12 Or. Rev. Stat. § 90.322(8) (2023)
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“If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1). In addition, the tenant may recover actual damages not less than an amount equal to one week’s rent in the case of a week-to-week tenancy or one month’s rent in all other cases.”
Source Link
