Oregon Residential Lease Agreement

Last Updated: July 14, 2022 by Elizabeth Souza

The Oregon residential lease agreement (“rental agreement”) is a written contract for the exchange of the temporary use of a residential property for regular, periodic payments (“rent”). The parties involved in the agreement are known as the landlord (“lessor”) and the tenant (“lessee”).

Oregon Lease Agreement Disclosures

The below disclosures are required for all or some residential lease agreements in Oregon.

Disclosure Applicable to
Landlord’s Name/Address All Units
Flood Plain Units At/Below 100-Year Flood Elevation
Carbon Monoxide Alarm Units with Carbon Monoxide Source
Pending Suits Units with Pending Suits
Common Area Utilities Shared Common Area Utilities
Smoking All Units that Allow Smoking
Recycling 5 or More Units that use Recycling Services
Dishonored Check Fee All Units that Intend to Charge a Dishonored Check Fee
Lead Paint All Units Prior to 1978
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Landlord’s Name and Address

Applicable to all rental units in Oregon.

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. This information must be provided at or before the commencement of the tenancy.

Flood Zone Disclosure

Applicable to any property where the lowest floor of a property is at or below the 100-year frequency flood elevation in Oregon.

If a rental unit is in a 100-year flood plain, Oregon landlords are required to disclose the flooding risk. The 100-year flood plain is determined by the National Flood Insurance Program of the Federal Emergency Management Agency. 

FLOOD ZONE NOTICE. This property is located in a flood plain as determined by local authorities. Tenant agrees to accept the risk of tenancy by signing this lease agreement.

Download: Oregon Flood Plain Disclosure Form (PDF)

Carbon Monoxide Alarm Disclosure

Applicable to any property with known carbon monoxide sources in Oregon.

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.

Download: Oregon Carbon Monoxide Alarm Disclosure Form (PDF)

Pending Suits Disclosure

Applicable to properties with four or fewer units and a known suit that is pending in Oregon.

Oregon landlords with four or fewer rental units must inform the tenant of the following pending suits and outstanding notices in the rental agreement:

  • Any pending proceedings to foreclose a tax lien.
  • Pending suits to foreclose a mortgage, trust deed or vendors’ lien under a contract of sale.
  • Any outstanding notice of default under a trust deed, mortgage or contract of sale or notice of trustees’ sale under a trust deed.
  • Any pending declaration of forfeiture or suit for specific performance of a contract of sale.

Download: Oregon Pending Suits Disclosure Form (PDF)

Common Area Utility Disclosure

Applicable to properties where a dwelling unit’s utilities are shared with another unit or common area in Oregon.

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.

Download: Oregon Common Utility Disclosure Form (PDF)

Smoking Policy Disclosure

Applicable to properties where the landlord imposes restrictions on smoking in Oregon.

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.

Download: Oregon Smoking Policy Disclosure Form (PDF)

Recycling Notice

Applicable to properties in a city or in the county within the urban growth boundary with five (5) or more dwelling units that implement multifamily recycling services in Oregon.

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.

The landlord shall provide a separate location for containers for recyclables. The recyclables will be taken for collection under the residential on-route collection program or regular collection service of recyclable materials. A notice shall be given to tenants once a year of the opportunity to recycle along with information on how and where to recycle.

Download: Oregon Recycling Notice Form (PDF)

Dishonored Check Fee

Applicable to lease agreements that intend to charge for a dishonored check in Oregon.

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. (ORS 30.701)

Lead-Based Paint Disclosure

Applicable to any rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Oregon to:

Download: Oregon Lead-Based Paint Disclosure Form (PDF)

Additional Mandatory Disclosures in Portland

  • Security Deposit Receipt (Applicable to all rental units in Portland) 
    • The rental agreement shall contain the name and address of the financial institution, where the security deposit was placed and if the security deposit is held in an interest-bearing account. A receipt shall be given to the tenant within two weeks after the landlord received the security deposit. (Portland Code 30.01.087(B)(1))
  • Condition Report Form (Applicable to all rental units in Portland) 
    • Within 7 days after the commencement date, the tenant may complete and submit a Condition Report to the landlord. This report notes the condition of the fixtures, appliances, and other items on the premises. If a report is not filed by the tenant within 7 days, the landlord must complete a Condition Report to the tenant which includes photographs of the premises within 7 days after the commencement date. (Portland Code 30.01.087 (D)(1))

Optional Disclosures & Addendums (Recommended)

The below lease agreement disclosures and addendums are not required by Oregon law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.

Optional Disclosure How the Disclosure is Helpful
Asbestos This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers.
Bed Bugs If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord.
Late Fees In Oregon, a late fee can be a “reasonable” flat fee which must be included in the rental agreement or a daily late fee which shall not be more than 6% of a “reasonable” flat fee and not more than 5% of the monthly rate.
Medical Marijuana Use Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.
Mold Disclosure Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages.
Move-in Checklist A move-in checklist holds the tenant accountable for future damages that they may cause.
Non-Refundable Fees A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.

Consequences of Not Including Mandatory Disclosures

Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.

If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)

It’s best to check with your local and state laws on which disclosures you must provide to your tenant.

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