How Long Can a Residential Lease Be in Oregon?

Depending on circumstances, in Oregon it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in Oregon?

Yes, a contract to lease is legally binding in Oregon. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Oregon?

No, lease agreements do not need to be notarized in Oregon. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Oregon?

Yes, a lease can automatically renew in Oregon. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Oregon Lease Agreement (Free) | 2024 Official

An Oregon residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Oregon Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Oregon:

Disclosure	Applicable To
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

Applicable to all Oregon rentals.

Oregon leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Flood Zone Disclosure

Applicable 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, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency (FEMA).

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

Applicable 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

Applicable to Oregon rental properties of four or fewer units which are subject to a pending 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

Applicable to Oregon rentals which share a utility meter.

Oregon rentals which share a utility meter for the whole building or property may charge separately for utilities. The landlord must disclose how charges are billed to individual tenants.

Download: Oregon Common Utility Disclosure Form (PDF)

Smoking Policy Disclosure

Applicable to Oregon rentals with a smoking policy.

Oregon landlords must disclose 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

Applicable 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 the property falls in a city or within “urban growth boundary” of a city. Notice of services must be delivered to tenants at the beginning of a lease, and a notice must be given to tenants once a year about recycling opportunities, locations, and methods.

Download: Oregon Recycling Notice Form (PDF)

Dishonored Check Fee

Applicable 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, and a landlord can’t charge a dishonored check fee without demanding payment from the tenant first, in writing.

Lead-Based Paint Disclosure

Applicable to any Oregon rentals built before 1978.

For any property built before 1978, federal law requires that an Oregon residential lease must 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 with 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, to enable 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 assist with tenant management and help limit landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of 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.
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, along with any remediation efforts, to help limit landlord liability.
Move-In Checklist	Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Oregon landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.

note

Some Oregon cities, like Portland, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. 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.

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): (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.
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2 Or. Rev. Stat. § 90.228: (2) 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.
3 Portland Code 30.01.087(B)(1): 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.
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4 Portland Code 30.01.087 (D)(1): 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.
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5 Or. Rev. Stat. § 479.305: 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.
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6 Or. Rev. Stat. § 30.701(5): If a check is dishonored, the payee may collect from the maker a fee not to exceed $35.
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