An Oregon residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Oregon Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Oregon:
Disclosure | Applicable To |
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Landlord’s Name and Address | All Units |
Flood Plain | Units At or 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 Which Allow Smoking |
Recycling | Properties with 5 or More Units Using Recycling Services |
Dishonored Check Fee | Leases Allowing Dishonored Check Fees |
Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applies to all Oregon rentals.
Oregon leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Flood Zone Disclosure
Applies to any Oregon rental where the lowest floor is at or below the 100-year frequency flood elevation.
Oregon landlords must disclose the flooding risk of any property below the 100-year floodplain. The National Flood Insurance Program of the Federal Emergency Management Agency (FEMA) determines the property’s status for this requirement.
This is an example of a flood zone disclosure:
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
Applies to any Oregon property with features which emit carbon dioxide.
Oregon law requires any rental property with a source emitting carbon monoxide to have appropriate detectors installed in compliance with the State Fire Marshal’s regulations. 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 that the tenant is responsible for day-to-day alarm upkeep.
Download: Oregon Carbon Monoxide Alarm Disclosure Form (PDF)
Pending Suits Disclosure
Applies to Oregon rental properties of four or fewer units which are subject to an ongoing lawsuit.
Oregon landlords of four or fewer rental units must disclose the existence of the following to any tenant:
- Pending proceedings to foreclose a tax lien
- Pending suits to foreclose a mortgage, trust deed or vendors’ lien under a contract of sale
- Outstanding notice of default under a trust deed, mortgage or contract of sale or notice of trustees’ sale under a trust deed
- 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
Applies to Oregon rentals which share a utility meter.
Oregon rentals must set terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Download: Oregon Common Utility Disclosure Form (PDF)
Smoking Policy Disclosure
Applies to Oregon rentals with a smoking policy.
Oregon landlords must disclose any existing smoking policy for a rental property. If smoking is only allowed in limited areas, the disclosure must specify those areas. This includes the dwelling itself, common areas, outdoor areas, and other locations on the rental property.
Download: Oregon Smoking Policy Disclosure Form (PDF)
Recycling Notice
Applies to Oregon rentals with five (5) or more dwelling units located in a city or urban growth boundary, which implement recycling services.
Oregon properties containing five or more dwellings are considered multifamily. Landlords must provide recycling services if a multifamily property falls in a city or within “urban growth boundary” of a city. Tenants must get notice of available recycling services at the beginning of the lease. In addition, tenants must get a notice once a year about recycling opportunities, locations, and methods.
Download: Oregon Recycling Notice Form (PDF)
Dishonored Check Fee
Applies to Oregon rentals charging a fee for returned checks.
Oregon landlords must disclose a dishonored check fee in the lease in order to charge it to a tenant later. A dishonored, returned, or “bounced” check is a check returned for lack of funds or credit. Oregon caps dishonored check fees at $35. A landlord can’t charge a dishonored check fee without demanding payment from the tenant first, in writing.
Lead-Based Paint Disclosure
Applies to any Oregon rentals built before 1978.
Oregon residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Oregon Lead-Based Paint Disclosure Form (PDF)
Additional Mandatory Residential Disclosures in Portland
- Security Deposit Receipt (Applicable to all Portland rentals)
- Portland landlords must, within two weeks of move-in, provide tenants a security deposit receipt. This must have the name of the institution holding the security deposit, along with the address, and account type (interest-bearing vs. non-interest-bearing).
- Condition Report Form (Applicable to all Portland rentals)
- Portland rentals must provide a condition report, also known as a move-in checklist, to take inventory of existing property damages. Either the landlord or the tenant must complete the condition report within seven days of move-in. This helps ensure accurate deductions for damage when the tenant moves out.
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Oregon law in residential lease agreements, but help with tenant management and landlord liability.
Optional Disclosure | Purpose |
---|---|
Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
Late Fees | Specifies late fees or returned check fees related to the lease. Oregon caps late fees at 5% of the monthly rent for a flat fee, or 6% of the flat fee amount for a daily late fee. (Returned check fees must be disclosed in the lease and are limited to $35. ) |
Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability. |
Move-In Checklist | Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Oregon landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 ORS § 90.305(1) - (3)
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(1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
(3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.
Source Link - 2 ORS § 90.228(2)
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If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain.
Source Link - 3 Portland Code 30.01.087(B)(1)
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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.
Source Link - 4 Portland Code 30.01.087 (D)(1)
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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.
Source Link - 5 ORS § 479.305(1)
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Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.
Source Link - 6 ORS § 30.701(5)
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If a check is dishonored, the payee may collect from the maker a fee not to exceed $35.
Source Link