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 following disclosures are required for all residential lease agreements in Oregon.
- Flood Plain Disclosure (PDF) – for any property where the building and/or dwelling unit is at or below the 100-year frequency flood elevation.
- Carbon Monoxide Alarm Disclosure (PDF) – for any property with a carbon monoxide source within the dwelling.
- Pending Suits Disclosure (PDF) – for properties with four (4) or fewer dwellings and a pending foreclosure, defaulting, or other suit.
- Common Utility Disclosure (PDF) – for any property where the tenant is responsible for paying utilities that benefit common areas or other units.
- Smoking Policy Disclosure (PDF) – for any property where the landlord wishes to dictate where smoking is allowed.
- Recycling Notice (PDF) – for properties with five (5) or more dwellings located within the urban growth boundary of a city that has implemented multifamily recycling services.
- Lead Based Paint Disclosure (PDF) – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Oregon.
Flood Zone Disclosure
Applicable to any property where the lowest floor of a property is at or below the 100-year frequency flood elevation.
For dwelling units located in flood plains, Oregon landlords are required to disclose to tenants in the lease agreement of the flooding risk they face . This disclosure should still be provided for units that are above the floodplain.
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.
If a property has a source of carbon monoxide production within the dwelling, the landlord must disclose this fact and provide a carbon monoxide alarm to protect against leaks. Along with the alarm, they should include instructions for testing the unit, a battery replacement(if applicable), and a disclosure requiring tenants to take responsibility for maintenance of the unit.
Pending Suits Disclosure
Applicable to properties with 4 or fewer units and a known suit that is pending.
Oregon landlords who are currently facing default, foreclosure, forfeiture, or any other circumstance that may displace the tenant in a rental property with 4 or fewer dwellings must disclose the circumstances in the lease agreement.
Common Utility Disclosure
Applicable to properties where a dwelling unit’s utilities are shared with another unit or common area.
Properties in Oregon that share utility meters between multiple units or a unit and common area must disclose this fact in the lease agreement. As part of the disclosure, the landlord should specify which utilities are common and what they are shared with, as well as any compensation for tenant’s payment of this common or shared utility.
Smoking Policy Disclosure
Applicable to properties where the landlord imposes restrictions on smoking.
In Oregon, landlords must disclose where smoking is and is not permitted as part of the lease agreement. This includes the dwelling itself, common areas, outdoor areas, and other locations on the property where the dwelling is located.
Applicable to properties with five (5) or more dwelling units that implement multifamily recycling services.
Oregon properties that house 5 or more dwellings are considered multifamily, which means that they are required to provide recycling services to tenants if the property falls within the “urban growth boundary” of a city.
This disclosure should include what is recyclable and how the recycling services may be accessed, such as location and frequency of collection services.
Download: Oregon Recycling Notice Form (PDF)
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:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Oregon law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Landlord Name & Address – to create a line of communication for important notices & demands between tenant and landlord, it is recommended that Oregon landlords provide contact information within or alongside the lease for themselves or anyone authorized to act on behalf of the property.
- Marijuana Use – it is recommended to state where marijuana use is and isn’t allowed on the property so that expectations are clear. Oregon law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Oregon does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.