An Oregon lease agreement is more than just a rental contract; it’s your legal lifeline in one of the most tenant-protective states in the US. From Portland’s rental hot spots to college towns like Eugene, a strong lease helps keep you compliant with all laws and your property protected.
Disclosures (9)
Oregon requires landlords to disclose specific information to tenants before they move in. These disclosures keep tenants informed while protecting your property and limiting your liability.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards for most homes built before 1978.
- Landlord’s contact information: Landlords must share their contact information with tenants for ease of communication (ORS § 90.305).
- Carbon monoxide alarm: State law requires landlords to provide a functional carbon monoxide alarm in any unit where a source of carbon monoxide (such as a gas stove or fireplace) is present (ORS § 90.317).
- Common area utility: If any utilities service a shared space, landlords must disclose how they will divide the cost among tenants (ORS § 90.315).
- Flood plain: Landlords must disclose if the property is in a federally designated flood plain before tenants sign their Oregon lease agreement (ORS § 90.228).
- Pending legal action: If any pending legal actions might interfere with their tenancy, such as an upcoming foreclosure, landlords must disclose this to tenants (ORS § 90.310).
- Recycling: Certain Oregon landlords are required to provide their tenants with information on recycling programs, including how to sort and dispose of recyclables (ORS § 90.318).
- Smoke alarm: Landlords are required to provide a working smoke alarm in each rental unit (ORS § 479.270).
- Smoking: Landlords must outline the smoking policy for the rental, including whether smoking is allowed inside the unit and if there are any designated smoking areas on the property (ORS § 90.220).
Optional Disclosures and Addenda
Although not required by law, landlords should consider including additional disclosures with their Oregon lease agreement. These optional disclosures help ensure your tenants are informed and keep everyone on the same page.
Asbestos: Informs tenants of any asbestos issues in the rental, including tips to minimize exposure and risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Details late or returned check fees related to rent payments. Oregon law caps late fees at 5 percent of the monthly rent. Returned check fees must be clearly outlined in the lease and cannot exceed $35.
Medical marijuana use: Outlines the policy for the use of medical marijuana in the rental, including any limitations or restrictions.
Mold disclosure: Informs tenants of any known mold issues in the unit, as well as treatment options.
Move-in checklist: Details the condition of the unit at check-in, including any existing damages. Landlords use this checklist at move-out to compare conditions and calculate any deductions.
Non-refundable fees: If you plan to charge any non-refundable fees, you must clearly outline them in the Oregon lease agreement, and your tenant must agree to them.
Consequences of Not Including Mandatory Disclosures
If you fail to include a mandatory disclosure with your Oregon lease agreement, be prepared to face the consequences. Penalties for failing to include mandatory disclosures can include tenant disputes, financial penalties, and even civil or legal consequences.
Security Deposit Regulations in Oregon
Oregon landlords are permitted to charge a security deposit to help offset potential expenses related to tenant-caused damages or unpaid rent. However, there are specific rules landlords must follow to remain compliant.
Maximum amount: There are no statewide caps on how much landlords can charge for a security deposit; however, Portland landlords should familiarize themselves with city-specific limits (Portland City Code 30.01.087).
Deposit receipt: Oregon law requires landlords to provide tenants with a receipt for their security deposit payment (ORS § 90.300).
Security deposit return: Landlords must return a tenant’s security deposit, minus any deductions, within 31 days of the lease termination (ORS § 90.300).
Deductions: Oregon landlords must also provide a detailed, itemized list of deductions, including receipts for any repairs or expenses, within 31 days of lease termination (ORS § 90.300).
Rent Payment Regulations
Rent payment is the backbone of your rental business; however, with statewide rent control laws and strict regulations that landlords must follow, Oregon’s rent payment rules are among the most stringent in the country. Here’s what you need to know. §
Rent control/stabilization: Oregon has statewide rent control laws that limit the annual rent increase a landlord can charge. State law limits rent increases to 7 percent annually, plus the current consumer price index (ORS § 90.323).
Late rent fees: Landlords are allowed to charge a reasonable flat or daily late rent fee. The flat fee must be in line with current market conditions and cannot exceed 5 percent of the monthly rent amount. A daily late payment cannot be more than 6 percent of the reasonable late fee (ORS § 90.260).
Grace period: Oregon landlords are required to extend a 4-day grace period to their tenants for late rent payments (ORS § 90.260).
Tenant’s right to withhold rent: If the rental unit violates health or safety standards, the tenant may withhold rent if the landlord does not fix the issue after being notified (ORS § 90.365).
Violations
When tenants break the rules, Oregon law dictates how a landlord can respond. Following these rules helps you comply, and your lease is enforceable.
Lease violation: If a tenant violates the terms of their lease, landlords may issue a 30-day Notice to Cure or Vacate. If the tenant fails to correct the breach promptly, the landlord may pursue eviction (ORS § 90.392).
Missed rent payment: If a tenant misses their rent payment, after the grace period, the landlord may issue a 10-day Notice to Pay or Vacate, allowing the tenant time to pay the rent. If they don’t, the landlord can begin the eviction process (ORS § 90.394).
Lease abandonment: If a tenant abandons their lease before the end of its term, landlords must attempt to re-rent the unit (ORS § 90.410).
Self-help evictions: In Oregon, self-help evictions are illegal, and landlords should never try to remove tenants on their own.
Terminating a Lease
In Oregon, terminating a lease isn’t as simple as just giving notice to the other party. There are state laws that dictate how a landlord should proceed, so you need to know precisely how and when you can legally terminate your Oregon lease agreement.
Standard lease: Tenants can legally terminate their lease early if they meet certain conditions, such as active duty military service, domestic violence, or stalking (ORS § 90.453).
Month-to-month: Oregon tenants must give landlords 30 days’ notice to terminate a month-to-month rental agreement. Landlords, on the other hand, must provide 90 days’ notice to tenants, except in certain exceptions (ORS § 90.427).
Property abandonment: If a tenant leaves property behind, the landlord must notify them in writing, detailing how to retrieve their items. If the tenant fails to respond, the landlord may legally dispose of the items (ORS § 90.425).
Renewing a Lease
If things are going well, renewing your Oregon lease agreement can be an effective way to hold on to good tenants and update your terms as needed. Staying on top of these regulations helps you to avoid tenant disputes.
Notice requirements: Oregon landlords are required to provide written notice if they plan not to renew a fixed-term lease. With any leases longer than 1 year, 90 days’ notice is required (ORS § 90.427).
Required renewals: Oregon landlords are not required to renew a lease at the end of its term. Unless otherwise stated in the lease, rent renewal is at the landlord’s discretion.
Landlord’s Access to Property
Although you own the property, you must still respect the privacy of your tenants. Oregon law mandates how and when a landlord can enter a property. Follow these rules to avoid disputes.
Immediate access: In the event of an emergency, landlords are granted immediate access to a property and may enter without giving notice. However, within 24 hours of entry, they must provide tenants with a written statement outlining who entered the unit, when they entered, and what the cause was (ORS § 90.322).
Notice requirements: For routine maintenance and repairs, landlords must give tenants at least 24 hours’ notice before entering the unit (ORS § 90.322).
Harassment: Under state law, landlord harassment includes unlawful entry, unreasonable lawful entry, and repeated demands for entry. If facing landlord harassment, tenants may obtain a court order to prevent landlord entry or even terminate the lease early without penalty (ORS § 90.322).
