Oregon Residential Lease Agreement

Last Updated: November 30, 2021 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 following disclosures are required for all 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
Security Deposit Receipt All Units in Portland
Lead Paint All Units Prior to 1978
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Landlord’s Name and Address

Applicable to all rental units in Oregon.

Any individual authorized to manage the rental property (including the landlord and owner) must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered to the landlord. Generally, this information is provided in the rental agreement and shall be provided to the tenant in writing 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.

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

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.

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.
  • Any 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 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 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.

Download: Oregon Common Utility Disclosure Form (PDF)

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 rental agreement. If smoking is only allowed in limited areas, the disclosure must specifically state those areas on the premises. 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.

Oregon properties that house five or more dwellings are considered multifamily, which means that they are 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 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)

Security Deposit Receipt

Applicable to all rental units in Portland (not required in other cities).

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.

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)

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.

  • 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. A landlord must wait four days after the rent is due to charge a late fee. A late fee can either be a reasonable flat fee which is stated 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.
  • Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
  • Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings begin to deteriorate.
  • 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 the tenant’s negligence during the lease term.

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