Under Oregon law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the state’s Residential Landlord and Tenant laws, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Oregon
In Oregon, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Oregon’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Oregon
Landlords must perform necessary repairs in a timely manner. In Oregon, landlords usually must make repairs within 30 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Oregon tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Oregon
Aside from paying rent regularly and on time, Oregon tenants must:
- Keep the unit in a safe and habitable condition.
- Keep all plumbing fixtures clean and sanitary.
- Use all facilities and appliances in a reasonable manner.
- Use the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner.
- Dispose of all waste in a legal, clean and safe manner.
- Make small repairs and maintenance.
- Test the smoke detectors and carbon monoxide alarm every six months (and replace batteries if needed).
- Not remove or tamper the smoke detector or carbon monoxide alarm.
- Not destroy or damage any part of the premises.
- Not remove or tamper the sprinkler head for fire suppression.
- Not disturb other tenants or neighbors.
Evictions in Oregon
Oregon landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If an Oregon tenant fails to pay rent, then the landlord may issue a notice to pay. A minimum 4-day grace period for the payment of rent is required. The amount of notice depends on the type of tenancy.
- Week-to-Week Tenancy: 72-Hour Notice to Pay.
- For All Other Tenancies: If notice is given on the 8th day of the rental period, landlords must provide a 72-Hour Notice to Pay. If the notice is given on the 5th day of the rental period, the tenant shall be given a 144-Hour Notice to Pay.
- Lease Violation: If a lease violation occurs, then the landlord may issue a 30-Day Notice to Cure or Quit and tenants must correct the issue within 14 days. If it is a week-to-week tenant, the landlord must provide a 7-Day Notice to Comply and tenants must correct the issue within 4 days. If the tenant does not fix their behavior by then, the landlord may pursue legal eviction.
- No Lease/End of Lease: If a tenant stays at the dwelling unit after the lease term has expired, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 10-Day Notice to Quit.
- Month-to-Month: If rent is paid on a month-to-month basis, AND it’s the first year the tenant has lived in the rental unit, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Pet Capable of Causing Damage: Tenants can be evicted if they have a pet in the rental unit that could cause property damage or harm to others due to the pet’s size, nature, or behavioral characteristics. Tenants must be given a 10-Day Notice to Comply, if the tenant rehomes the pet during the notice period they will not be evicted. If the pet seriously damages the property, inflicts injury, or threatens to inflict injury, the landlord may issue the tenant with a 24-Hour Notice to Quit.
- False Information: A landlord may give a tenant a 24-Hour Notice to Quit if they provide false information on their rental application about a criminal conviction.
- Illegal Acts: In Oregon, a tenant may be evicted for illegal activity. For illegal activity including prostitution, controlled substances, manufacturing cannabinoid extract (without a license), bias crimes, burglary, or the tenant threats to inflict injury on the property or others, landlords may issue a 24-Hour Notice to Quit.
It is illegal for landlords to evict as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in Oregon
It’s illegal for Oregon landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Oregon
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
- Receipt Requirement: Yes.
Local Laws: Cities and towns can enact their own rules. For example, some of these rules are different in Portland.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, costs due to a breach of the lease agreement, and carpet cleaning costs.
- Time Limit for Return: 31 days.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees.
Lease Termination in Oregon
Notice Requirements: If an Oregon tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days (<1 year), 60 Days (>1 year) |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: Oregon tenants may break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
- Domestic violence.
Oregon landlords are legally obligated to facilitate the re-renting of a unit.
Cost of Breaking a Lease in Oregon
If an Oregon tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Oregon
Oregon has statewide rent control and state law prohibits cities and towns from creating their own rent control laws.
Landlords cannot raise the rent above 7% plus the consumer price index (CPI) per year. In addition to existing tenants, the limit typically applies to new tenants when a vacant unit is rerented. However, some residential properties are exempt, including housing built less than 15 years before the proposed rent increase.
Landlords must avoid increasing the rent during the first year of the tenancy. Additionally, landlords cannot increase the rent during the lease term (unless the lease agreement allows for it), out of discrimination of state or federally-protected classes, or in retaliation.
Landlords must give at least 90 days’ notice before increasing the rent. However, the notice requirement is 7 days if the tenancy is week-to-week. Rent increase notices must be sent by hand delivery or first-class mail.
Housing Discrimination in Oregon
Protected Groups: The Federal Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex (including gender identity and sexual orientation), familial status, national origin, religion, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Oregon state adds extra protections for tenants on the basis of marital status, income source, or status as a victim of domestic violence, sexual assault, or stalking.
Discriminatory Acts & Penalties: The Oregon Bureau of Labor and Industries Civil Rights Division administers the state’s civil rights laws. They have indicated the following behaviors as potentially discriminatory when directed at a member of a protected group:
- Refusing to rent or sell on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Offering different terms, conditions, or privileges.
- Steering tenants toward a certain neighborhood.
- Advertising that indicates discriminatory preferences for applicants.
- Failing to make reasonable accommodations.
Tenants who believe that they are the victim of housing discrimination may submit a digital complaint to the state’s Civil Rights Division. If the complaint is found to be justified, the process may result in a court ruling with penalties.
Additional Landlord Tenant Regulations in Oregon
In addition to having laws that address general issues like repairs and security deposits, most states, including Oregon, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Oregon
Oregon landlords have the right to enter rental property for maintenance and property showings. They must provide at least 24 hours of advance notice before entering an inhabited property, unless there’s an emergency or the tenant has taken an action that waives the notice requirement.
Rent Collection & Related Fees in Oregon
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a 4-day grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: There is no limit to a flat fee, except it must be reasonable. If landlords charge a per-day fee, it cannot exceed 6% of the flat fee. Landlords can also charge a fee for every 5 days that rent is late beyond the grace period, but it cannot exceed 5% of the rent.
- Rent Payment Methods: There is no state statute governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required upon request.
Small Claims Court in Oregon
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Oregon Circuit Courts and Justice Courts have small claims divisions. The process takes approximately two to three months.
Mandatory Disclosures in Oregon
Oregon landlords must make these mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about concentrations of lead paint.
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in owning and managing the property.
- 100-Year Flood Plain: Landlords must also disclose if the property lies within a 100-year floodplain.
- Smoking Policy: Landlords must clearly indicate smoking policies in the unit.
- Carbon Monoxide Alarm: Landlords must disclose that the tenant is responsible for the maintenance of the carbon monoxide alarm.
- Pending Suits: If a property has four or fewer units and a known suit is pending, landlords must inform the tenant of the pending suit and any other outstanding notices.
- Common Area Utilities: Properties that share utility meters between multiple units or common areas must disclose this fact in the lease.
- Recycling: This disclosure is applicable to properties in a city or in the county within the urban growth boundary with five or more dwelling units that implement multifamily recycling services.
Changing the Locks in Oregon
Oregon law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Tenants can also (at their own expense) require the landlord to do a lock change when they’ve recently become victims of domestic abuse. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Local Laws in Oregon
Many cities in Oregon have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Portland Landlord Tenant Rights
The City of Portland has a mandatory Renter Relocation Assistance program which requires landlords to help finance a renter’s moving costs if they are moving because of a rent increase of 10% or higher.
Eugene Landlord Tenant Rights
The City of Eugene has a city-wide housing code that exceeds state standards and puts more obligation on landlords to provide habitable housing. More info can be found on the city’s website.
