An Oregon month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
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 – Oregon rentals which share a utility meter for the whole building or property may charge separately for utilities. The landlord must disclose how charges are billed to individual tenants.
- Flood Zone Disclosure – Oregon landlords must disclose the flooding risk of any property below the 100-year floodplain.
- Carbon Monoxide Alarm Disclosure – Oregon law requires any rental property with a source emitting carbon monoxide to have appropriate detectors installed, and 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 any pending lawsuits or other legal actions relating to the rental property, including foreclosure.
- Smoking Policy Disclosure – Oregon landlords must disclose any extant 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, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease. 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 a rental increase, delivered in writing. Oregon landlords may only increase rent after the first year of tenancy.
Eviction in Oregon Month-to-Month Rentals
Oregon tenants may face eviction for violating a month-to-month lease or remaining 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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