For landlords seeking greater flexibility in their residential rental terms, an Oregon month-to-month lease agreement is a great option. However, while this type of rental agreement offers landlords increased flexibility, it’s important to note that Oregon treats tenancy at will a little differently than other states do.
An Oregon month-to-month lease agreement automatically renews each month until either the landlord or the tenant gives notice to end the agreement. Still, it carries the full legal weight and responsibilities of a regular, fixed-term lease. Below, we’ll go over everything you need to know about this type of arrangement.
Disclosures (9)
Oregon law requires landlords to disclose certain information to tenants before move-in. Including these disclosures helps landlords cover all the bases and makes sure everyone is on the same page.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also give tenants a copy of the EPA’s lead safety pamphlet.
- Landlord identification: Oregon requires landlords to provide the name and contact information of the person responsible for managing the unit and receiving legal notices (Or. Rev. Stat. § 90.305).
- Carbon monoxide detector: Landlords must supply and disclose a working carbon monoxide detector in any home where the source of gas, such as a fireplace, is present. Landlords must also inform the tenant of their responsibility to maintain the detector (Or. Rev. Stat. § 90.317).
- Common area utility: If a tenant’s unit shares a utility meter with any common area, landlords must disclose how landlords allocate and divide the utility costs (Or. Rev. Stat. § 90.315).
- Floodplain: If the rental is in a designated floodplain, landlords must inform their tenant before they sign the lease agreement (Or. Rev. Stat. § 90.228).
- Pending legal action: Oregon law requires landlords to disclose any pending legal action that may affect the tenancy, such as a foreclosure (Or. Rev. Stat. § 90.310).
- Recycling: In some instances, landlords must provide their tenants with information about recycling programs, including how to properly sort and dispose of recyclables (Or. Rev. Stat. § 90.318).
- Smoke alarm: Landlords are required to provide a working smoke alarm in every rental and to make sure the tenant understands their responsibility to maintain it (Or. Rev. Stat. § 479.270).
- Smoking: Landlords must disclose their smoking policy in the rental in writing, including whether or not smoking is allowed on the property and any designated smoking areas (Or. Rev. Stat. § 90.220).
Optional Disclosures and Addenda
Although they are not legally required, including these optional disclosures can help prevent any confusion or disputes down the road.
Asbestos: Informs tenants of any known asbestos in the unit, as well as tips to limit or prevent exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the rental unit or adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Oregon law limits late fees to 5% of the monthly rent. Returned check fees are limited to $35, and the lease must clearly state the fee.
Medical marijuana use: Explains the rules regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Informs tenants of any mold present inside the unit, along with treatment and remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees that landlords charge in the residential lease agreement template.
Additional Oregon Month-to-Month Lease Laws
Other laws also apply to the Oregon month-to-month lease agreement. From when and how landlords can terminate the agreement to how much they can collect as a security deposit, state law sets specific rules landlords must follow.
Notice to Terminate a Month-to-Month Agreement
Oregon requires landlords to follow specific rules when terminating a month-to-month agreement. Here’s what you need to know.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a month-to-month lease (Or. Rev. Stat. § 91.070).
Required notice for the landlord: In most cases, landlords must also give their tenant 30 days’ written notice to terminate the agreement. However, if the tenant has lived in the unit for longer than 1 year, landlords must give 60 days’ notice (Or. Rev. Stat. § 91.070).
Always check local laws for further regulations. For instance, Portland and Milwaukie require 90 days’ notice for no-cause terminations, regardless of how long the tenant has lived in the unit.
Laws Governing Rent Increases
Oregon closely oversees rent increases, even in month-to-month leases.
Oregon law enforces statewide rent stabilization, limiting rent increases to 7% annually plus the current CPI (Or. Rev. Stat. § 90.323).
Lease Violations and Eviction
If a lease violation occurs, Oregon law provides a clear path to help get the tenancy back on track.
Missed rent payment: If a tenant misses a rent payment, after the grace period, landlords can issue a 10-day Notice to Pay or Quit. If the tenant does not pay rent within this time, landlords may begin the eviction process (Or. Rev. Stat. § 90.394).
Lease violation: For other lease violations, landlords may also issue a Notice to Cure or Quit, allowing their tenant time to remedy the violation. If they do not, landlords may begin the eviction process (Or. Rev. Stat. § 90.392).
Lease abandonment: If a tenant abandons their lease before the end of its term, landlords must attempt to re-rent the unit (Or. Rev. Stat. § 90.410).
Self-help evictions: In Oregon, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Rent payment laws in Oregon focus on fairness and tenant protections.
Rent control/stabilization: Oregon has statewide rent control laws that limit how much landlords can raise rent each year. State law limits annual rent increases to 7% plus the current consumer price index (Or. Rev. Stat. § 90.323).
Late rent fees: State law limits late fees to 5% of the monthly rent amount (Or. Rev. Stat. § 90.260).
Grace period: Oregon requires landlords to extend a 4-day grace period to their tenants for late rent payments (Or. Rev. Stat. § 90.260).
Tenant’s right to withhold rent: In Oregon, tenants may withhold rent if the unit violates certain health or safety standards and the landlord fails to fix the issues (Or. Rev. Stat. § 90.365).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and the lease template clearly states the charges.
Security Deposits
As a landlord, you can collect a security deposit from your tenants to cover potential financial losses. Oregon law sets specific guidelines for security deposits, including requirements for providing a receipt and returning funds.
Maximum amount: Oregon has no statewide limits on security deposits; however, Portland landlords should familiarize themselves with city-specific limits that apply (Portland City Code 30.01.087).
Deposit receipt: State law requires landlords to provide their tenants with a receipt for their security deposit payment (Or. Rev. Stat. § 90.300).
Interest payments: State law does not require landlords to pay interest on security deposits.
Security deposit return: Landlords must return the tenant’s security deposit, minus any deductions, within 31 days of the lease termination (Or. Rev. Stat. § 90.300).
Deductions: State law allows landlords to deduct from the security deposit to cover unpaid rent or damages beyond normal wear and tear. Landlords must provide a detailed, itemized list of deductions, along with the remaining security deposit, within 31 days of lease termination (Or. Rev. Stat. § 90.300).
Property Access Laws
As a landlord, you have the right to enter your rental property, whether it’s for routine maintenance or for an emergency. However, Oregon law sets certain requirements landlords must follow to protect their tenants’ privacy.
Advance notice: For routine maintenance and repairs, state law requires landlords to give their tenants 24 hours’ notice before entering the property (Or. Rev. Stat. § 90.322).
Immediate access: Landlords may enter the property without giving notice in an emergency.
Harassment: Landlord entry without giving the required notice, or entering without cause, may incur civil and/or financial penalties.
