An Oregon rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Oregon landlord-tenant law governs and regulates these agreements.
Oregon Rental Agreement Types
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Common Residential Rental Agreements in Oregon
- Oregon Rental Housing Alliance Rental Agreement – Members of the Rental Housing Alliance in Oregon use this agreement. It provides an extensive list of rules and procedures, including specifics for noncompliance fees and prohibited items.
Oregon Required Residential Lease Disclosures
- Landlord’s Name and Address – Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
- Carbon Monoxide (CO) Alarm Disclosure – Landlords can’t rent out a property with a source of CO emissions unless there’s a proper alarm system installed. The landlord must provide the tenant with an alarm in the rental unit. The landlord must include written instructions for testing the alarm, a battery replacement (if applicable), and a disclosure that alarm maintenance is the tenant’s responsibility.
- Flood Plain Disclosure – Landlords must disclose if the property is located in a FEMA-designated floodplain.
- Pending Suits Disclosure – Oregon landlords with four or fewer rental units must inform a tenant signing a rental agreement about any current lawsuits or other current legal notices relevant to the property.
- Common Utility Disclosure – Sets terms for how to divide utility costs up on properties which share a utility meter with other units. The disclosure should detail which utilities are shared, who they’re shared with, and how the landlord splits the bill. This ensures tenants receive fair charges and understand what uses contribute to their bill.
- Smoking Policy Disclosure – Oregon landlords must disclose any smoking policies enforced on the rental property. This includes noting any smoke-free areas and designated smoking zones in and around the property.
- Recycling Notice – Gives notice that the landlord provides recycling services. State law requires this disclosure for landlords of multifamily properties (more than 5 units) in Oregon located in a city or “urban growth boundary.”
- Dishonored Check Fee – Oregon leases must disclose any dishonored check fees. A dishonored check means that there was a lack of funds or credit to pay the check. Oregon limits dishonored check fees to $35. The landlord must demand the fee from the tenant in writing.
- Lead-Based Paint Disclosure – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Oregon, click here.
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Some Oregon cities, like Portland, may require additional disclosures. Local laws apply in addition to state laws.Oregon Landlord Tenant Laws
- Warranty of Habitability – Oregon landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. Landlords must repair any issues within 30 days of proper notice from the tenant (seven days, for essential services). Failure to repair lets a tenant end the lease, sue the landlord, or repair and deduct. Rent withholding is only allowed when property lacks certain essential services.
- Evictions – Oregon landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing for eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in Oregon take between a couple of weeks to a couple of months.
- Security Deposits – Oregon doesn’t limit the amount of a security deposit or pet fee, as long as it’s defined in the lease. When the lease ends, the landlord has 31 days to return any unused portion of a tenant’s deposit.
- Lease Termination – Oregon tenants can end a month-to-month lease with 30 days of advance notice, if the tenant has lived on the property less than a year. Longer month-to-month tenancies require 60 days of notice. Terminating a fixed-term lease early usually requires active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Oregon limits annual rent increases to a specific percentage plus the consumer price index (CPI). It also bans rent increases within the first year of tenancy (except for week-to-week tenants). Before an increase, week-to-week tenants must get 7 days of advance notice. Tenants of one year or more receive 90 days of notice. Oregon also limits late fees to 5% of the monthly rent (or 6% of the monthly late fee amount, if charged as a per-day fee).
- Landlord Entry – Oregon landlords can enter rental property for reasonable business purposes, like repairs and inspections. Except in emergencies, they must provide at least 24 hours of advance notice.
- Settling Legal Disputes – Oregon’s counties each operate their own small claims courts for landlord-tenant disputes. Most accept cases where the amount in controversy is under $10,000. Some of these courts can hear eviction cases, but many can’t.
To learn more about landlord tenant laws in Oregon, click here.
Sources
- 1 Or. Rev. Stat. § 30.701(5)
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If a check is dishonored, the payee may collect from the maker a fee not to exceed $35.
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