An Oregon month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an Oregon Month-to-Month Rental Agreement
In Oregon, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Oregon landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Oregon
Oregon landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Shared Utilities – Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
- Flood Zone Disclosure – Oregon landlords must disclose flooding risk for any property below the 100-year floodplain.
- Carbon Monoxide Alarm Disclosure – Oregon law requires appropriate detectors on any rental property with a source emitting carbon monoxide, plus a disclosure that the tenant is responsible for day-to-day alarm upkeep.
- Pending Suits Disclosure – Oregon landlords of four or fewer rental units must disclose the existence of current lawsuits or other legal actions relating to the rental property, including foreclosure.
- Smoking Policy Disclosure – Oregon landlords must disclose any existing smoking policy for a rental property.
- Recycling Notice – Oregon landlords administering multifamily property within a city (or urban growth boundary) must give tenants notice about the availability of particular recycling services.
- Dishonored Check Fee Notice – Oregon landlords must disclose a dishonored check fee in the lease in order to charge it to a tenant later.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Oregon
Oregon lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice within the first year of tenancy.
Within that first year, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation. After that, the landlord can only terminate for good cause, with different levels of advance notice required depending on the specifics of tenant misconduct. The tenant can still terminate with 30 days of notice for most reasons.
Oregon requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Oregon Month-to-Month Lease
Oregon requires at least 90 days of advance notice before raising the rent. Landlords may only increase rent after the first year of tenancy.
Oregon requires written notice to raise the rent.
Eviction in Oregon Month-to-Month Rentals
Oregon tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Oregon typically take two to eight weeks.
For more information on the eviction process in Oregon, click here.
Sources
- 1 Or. Rev. Stat. § 90.427(3)
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(a) At any time during the tenancy, the tenant may terminate the tenancy by giving the landlord notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
(b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy.
(c) Except as provided in subsection (8) of this section, at any time after the first year of occupancy, the landlord may terminate the tenancy only:
(A) For a tenant cause and with notice in writing as specified in ORS 86.782 (Sale of property) (6)(c), 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations), 90.405 (Effect of tenant keeping unpermitted pet), 90.440 (Termination of tenancy in group recovery home) or 90.445 (Termination of tenant committing criminal act of physical violence); or
(B) For a qualifying landlord reason for termination and with notice in writing as described in subsections (5) and (6) of this section [relating to conversion of the property to a use unsuitable for rental].
Source Link - 2 Or. Rev. Stat. § 90.323(3)
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During any tenancy other than week-to-week, the landlord may not increase the rent:
(a) During the first year after the tenancy begins.
(b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.
(c) During any 12-month period, in an amount greater than seven percent plus the consumer price index above the existing rent except as permitted under subsection (7) of this section.
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