The Oregon rental agreements are binding legal contracts between a landlord and a tenant for the use of real property. The agreements set the terms for the property, including the amount of rent, duration of the tenancy, and more. All terms must comply with the Oregon landlord-tenant laws.
Oregon Rental Agreement Types
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Common Rental Agreements in Oregon
- Oregon Rental Housing Alliance’s Rental Agreement – this form, for use by members of the Rental Housing Alliance in Oregon, is heavily used by residential rental units throughout Oregon. It provides an extensive list of rules and procedures, including specifics that go as far as outlining noncompliance fees and prohibited items.
- In order to protect the copyright of RHA Oregon forms, you must fill out a portion of the form before download (forms cannot be downloaded blank). All downloadable forms expire 30-days after original purchase.
Oregon Required Lease Disclosures
- Landlord’s Name and Address (required for all). Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease.
- Carbon Monoxide Alarm Disclosure (required for some). Unless a rental unit has one or more functioning carbon monoxide alarms installed in compliance with the State Fire Marshal rules, a landlord may not enter a rental agreement with the tenant if the unit has a carbon monoxide source. The landlord must provide the tenant with an alarm in the rental unit, written instructions for testing the alarm, a battery replacement (if applicable), and a disclosure requiring the tenant to take responsibility for maintenance of the unit.
- Flood Plain Disclosure (required for some) – For any Oregon property that is located in a flood plain, there must be a flood plain disclosure in or alongside the lease alerting potential tenants to the hazard so that the landlord is not liable for damages occurring as a result of flooding.
- Pending Suits Disclosure (required for some) – Oregon landlords with four or fewer rental units must inform the tenant of the following pending suits and outstanding notices in the rental agreement.
- Common Utility Disclosure (required for some) – Properties in Oregon that share utility meters between multiple units, or a common area must disclose this fact in the lease agreement. The landlord should specify which utilities are shared and if they are shared with other parties, as well as any compensation for tenant’s payment of this common or shared utility.
- Smoking Policy Disclosure (required for some)- In Oregon, landlords must disclose if smoking is permissible at the rental property. If smoking is only allowed in limited areas, the disclosure must specifically state those areas. This includes the dwelling itself, common areas, outdoor areas, and other locations on the property where the dwelling is located.
- Recyling Notice (required for some) -Oregon properties that house five or more dwellings are considered multifamily. If the dwelling is a multifamily, the landlords is required to provide recycling services to tenants if the property falls in a city or within “urban growth boundary” of a city. This disclosure should be given to tenants on the commencement of tenancy.
- Dishonored Check Fee (required for some) – If a landlord intends to charge a dishonored check fee, they must disclose it in the lease agreement. A dishonored check means that there was a lack of funds or credit to pay the check. Dishonored check fees are limited to $35. A landlord may not charge the tenant unless there is written demand for the dishonored check, no less than 30 days before commencing the action
- Lead-Based Paint Disclosure (required for some) – Any rental unit in Oregon that is located within a building built before 1978 must include a lead-based paint disclosure and EPA-approved pamphlet in addition to notice of any existing hazards to protect new tenants.
To learn more about required disclosures in Oregon, click here.
Oregon Landlord Tenant Laws
- Warranty of Habitability – All rental units in Oregon must include sanitation facilities, hot/cold running water, HVAC and more. If there is habitability issue, the landlord must make the repair within 7 days for essential services and within 30 days for all other issues. If the issue is not fixed within that timeframe, tenants have a right to pay for minor habitability defects and repairs. A tenant may not withhold rent in Oregon, but if the landlord fails to provide essential services, the tenant may seek substitute housing.
- Evictions –Oregon landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction. In any case, most of these evictions take around 1 to 2 weeks or months.
- Security Deposits – In Oregon there are no limits on how much a landlord may charge as a security deposit (or pet fee) as long as it’s stated in the lease. A landlord has 31 days after the lease termination to return any unused portion of the security deposit.
- Lease Termination – A month-to-month tenant is required to provide a 30-day notice if the tenancy is less than 1 year, while a 60-day notice is required if the tenant has resided there more than 1 year. Fixed-term leases can be broken early under the following conditions: active military duty, landlord harassment, unit uninhabitability, or domestic violence.
- Rent Increases & Fees – An Oregon landlord may not increase rent above the maximum annual rent increase percentage plus the consumer price index (CPI) annually. This legislation also makes it illegal for an Oregon landlord to increase rent within the first year of tenancy (except for week-to-week tenancies). All increases must be pre-empted by a 7-day notice for week-to-week tenancies and a 90-day notice after the first year of tenancy. Some operational fees are also limited by law, including late rent fees (6% of the original flat rate fee) and bounced check fees ($35 plus bank fees).
- Landlord Entry – All landlords in Oregon must provide 24 hours of notice before entering an occupied unit. These requirements do not apply in emergency situations.
- Settling Legal Disputes – Oregon’s counties each operate their own courts for handling landlord-tenant disputes. Typically, these courts cap case values at around $10,000. Also, some courts handle eviction cases while others do not.
To learn more about landlord tenant laws in Oregon, click here.
