An Oregon rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.
Oregon Rental Application Laws
Oregon limits application fees to the average actual cost of screening, although this can include professional fees for the time spent completing the screening manually. A landlord can ask an applicant to pay only one screening charge within any 60-day period. The potential tenant is entitled to a refund if the landlord fills the vacancy before screening or otherwise doesn’t screen the applicant.
Before charging an application fee, the landlord must meet all of the following requirements:
- Have a written set of standards for evaluating rental applications
- Advise the tenant, in writing, of:
- The amount charged as an application fee
- The criteria used for evaluating rental applications, and the landlord’s process for applying those criteria (including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references)
- The right to dispute inaccurate reporting, and (if applicable) to appeal negative determinations
- Applicable local, state, and federal nondiscrimination policies
- Required amounts of rent and (if applicable) security deposit and renter’s insurance
- Good-faith estimate of the number of similar units the landlord may have available to rent in the area
Quick Guide To Process an Oregon Rental Application
After receiving an Oregon rental application, most landlords use the following process to evaluate the potential tenant:
- Verify Credit – Order a credit report for the potential tenant; a score of 600-650 is a common minimum requirement. A credit report can be as simple as a “pass/fail” result or can have comprehensive details, including criminal history. (NOTE: a credit report requires the tenant’s written and signed consent, on the application or separately)
- Verify Income – Check the potential tenant’s employment status and pay scale. This can be done through recent pay stubs and/or contacting the potential tenant’s employer.
- Check Rental History – Contact previous landlord(s) to confirm a potential tenant has in the past been a good renter and neighbor.
- Check Eviction History – Verify the potential tenant has honestly disclosed the details of any past evictions. An eviction check usually covers a longer period (previous 7 years) than a rental history check (previous 3 years).
- Check Criminal History – Confirm the potential tenant’s reporting of any criminal history, especially including a check of criminal databases like sex offender registries.
- Provide a Response – Approve the application if it’s a good fit, or, if rejecting the application, draft an appropriate adverse action notice to limit liability.
Checking Eviction History in Oregon
Oregon eviction cases are matters of public record which anyone can access. While third-party services often automatically check eviction history as part of a screening report, this can also be checked manually, with the following process:
- Visit the Oregon Judicial Department Online Records Search
- Select Smart Search at the bottom of the page
- Enter the applicant’s name and complete the captcha to continue
- Click “Submit” and any cases involving the applicant will pop up
- Select the case number to be taken to the case details
Restrictions on Oregon Rental Application Questions
The sample rental application provided on this page complies with federal law restricting the information a landlord can request. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:
- Race
- Color
- National origin (nationality)
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (i.e., having or not having children)
- Disability (whether physical or mental)
Oregon also has additional protections for things like marital status and public/rental assistance status. There are narrow exemptions for things like senior housing or certain very-small scale landlords, but local regulations may still apply. Always consult an attorney before attempting to ignore state or federal requirements.
Rejecting an Application: Adverse Action Notice
When taking an action which may disadvantage a potential tenant, a landlord may have to provide an adverse action notice informing the tenant about the decision (sometimes called a “conditional approval,” if the application is approved subject to meeting additional conditions). Federal regulations require an adverse action notice whenever a landlord collects a credit report and takes one of the following actions:
- Rejecting the potential tenant’s application
- Adding a requirement for someone to co-sign the potential tenant’s lease
- Demanding a larger security deposit than before, as a condition for renting
- Asking for higher rent after receiving the report
Important Features of an Adverse Action Notice
An adverse action notice must contain the following details:
- Note that the landlord took adverse action based on information in a consumer credit report
- Details of the consumer reporting agency
- Note that the landlord decided the adverse action, not the agency
- Declaration of the applicant’s right to a copy of the consumer credit report
- Declaration of the application’s right to dispute the report within 60 calendar days
While not legally required, it also is expedient for a landlord to explain the reasons for the adverse action, since this establishes a written record of issues with the application.
For an example, see this tenant rejection letter template.
Fees in Oregon
Oregon has the following regulations on fees relating to a new rental:
- Rental Application Limit: Actual cost of screening (can include reasonable compensation for time spent)
- Security Deposit Limit: No cap
- Pet Fee Limit: No cap, but fees must be “reasonable and not excessive”
Local jurisdictions may impose stricter regulations than the statewide standard. Always check local laws.
Sources
- 1 Or. Rev. Stat. 90.295
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A landlord may not require payment of an applicant screening charge unless prior to accepting the payment the landlord:
(a) Adopts written screening or admission criteria;
(b) Gives written notice to the applicant of:
(A) The amount of the applicant screening charge;
(B) The landlord’s screening or admission criteria;
(C) The process that the landlord typically will follow in screening the applicant, including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references;
(D) The applicant’s rights to dispute the accuracy of any information provided to the landlord by a screening company or credit reporting agency;
(E) A right to appeal a negative determination, if any right to appeal exists;
(F) Any nondiscrimination policy as required by federal, state or local law plus any nondiscrimination policy of the landlord, including that a landlord may not discriminate against an applicant because of the race, color, religion, sex, sexual orientation, national origin, marital status, familial status or source of income of the applicant;
(G) The amount of rent the landlord will charge and the deposits the landlord will require, subject to change in the rent or deposits by agreement of the landlord and the tenant before entering into a rental agreement; and
(H) Whether the landlord requires tenants to obtain and maintain renter’s liability insurance and, if so, the amount of insurance required; and
(c) Gives actual notice to the applicant of an estimate, made to the best of the landlord’s ability at that time, of the approximate number of rental units of the type, and in the area, sought by the applicant that are, or within a reasonable future time will be, available to rent from that landlord. The estimate shall include the approximate number of applications previously accepted and remaining under consideration for those units. A good faith error by a landlord in making an estimate under this paragraph does not provide grounds for a claim under subsection (6)(b) of this section.
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