If you’re looking into renting out a spare room in your home, the first thing you need to know is how to create a room rental agreement in Oregon. These Oregon lease agreements will help you maintain a positive relationship with your tenants, prevent disputes, and hold everyone accountable.
Here’s a guide on room rental agreements covering real estate laws, helpful tips, and the benefits of using free property management software. Let’s dive in.
Room Rental Laws
We’ll review landlord-tenant laws in Oregon in greater detail, but here’s a quick overview of landlord responsibilities:
- Provide and maintain a safe, habitable space.
- Tell tenants before entering their room.
- Make all mandatory disclosures.
- Never harass tenants.
With these rules in mind, landlords can start creating their Oregon room rental agreement. Here’s what you need to know.
Different Types of Room Rental Agreements in Oregon
First, select one of the following formats for your room rental agreement:
- Verbal agreement: Word-of-mouth contracts often lead to confusion and disputes. We recommend written leases instead.
- Fixed-term lease: By stating a start and end date, these written leases provide stability.
- Month-to-month lease: “Tenancy at will” agreements are the most flexible. They automatically renew, but both parties can end them easily.
Keep your specific circumstances in mind, such as your relationship to the tenant and the lease’s term.
Required Landlord Disclosures
Include the following mandatory disclosures when creating your room rental agreement in Oregon:
- Lead-based paint: Inform tenants about any lead-based paint and hazards present in properties constructed before 1978 (42 U.S.C. § 4852d).
- Landlord details: Provide the landlord’s or property manager’s name and contact information in writing (Or. Rev. Stat. § 90.305).
- Flood zone: If the rental property is located in a floodplain, tell tenants before they sign the lease (Or. Rev. Stat. § 90.228).
- Pending legal action: Inform tenants about any pending legal action related to their tenancy, such as foreclosure proceedings (Or. Rev. Stat. § 90.310).
- Smoke alarms: Include at least one working smoke alarm in each rental unit, and explain the tenant’s responsibility for maintaining it (Or. Rev. Stat. § 90.270).
- Recycling protocols: Explain your unit’s recycling programs and processes, including sorting instructions and disposal rules (Or. Rev. Stat. § 90.318).
- Carbon monoxide: If your property includes carbon monoxide sources, install a working carbon monoxide alarm and disclose the following:
- The presence of carbon monoxide alarms
- Tenant’s responsibility for maintaining the alarm (Or. Rev. Stat. § 90.317)
- Smoking policy: Provide a written statement of your smoking policy, including designating smoking areas (Or. Rev. Stat. § 90.220).
- Shared utilities: If your tenant’s utility bill includes common areas, disclose how you allocate the costs (Or. Rev. Stat. § 90.315).
Next, here’s a rapid-fire review of the laws governing your Oregon room rental agreement:
Security Deposit Rules
Maximum security deposit: Oregon law doesn’t regulate security deposit amounts.
Security deposit receipt: Give tenants a written receipt detailing the payment amount and the date (Or. Rev. Stat. § 90.300).
Deduction tracking: You must provide a written list outlining the reason and cost of each deduction (Or. Rev. Stat. § 90.300).
Security deposit return: Landlords must return the tenant’s security deposit, plus the list of deductions, within 31 days (Or. Rev. Stat. § 90.300).
Pet deposits: Oregon landlords can charge a pet deposit, but not for Emotional Support Animals (ESAs) or service animals (Or. Rev. Stat. § 90.300).
Rent Payment Rules
Late rent fees: If your room rental agreement in Oregon includes a late fee and your tenant agrees, you can charge a reasonable amount (Or. Rev. Stat. § 90.260).
Right to withhold rent: Tenants can withhold rent in the following circumstances:
- To perform repair-and-deduct up to $300 to fix minor habitability defects (Or. Rev. Stat. § 90.368).
- To pay for essential utilities, such as heat and hot water, if landlords don’t provide them (Or. Rev. Stat. § 90.365).
Grace period: Wait until the 4th day of the monthly rent period before charging late fees (Or. Rev. Stat. § 90.260).
Pet rent: Landlords can’t charge pet rent for manufactured properties or floating home park spaces (Or. Rev. Stat. § 90.530).
Rent Payment Increase Rules
Rent payment increase frequency: You can’t increase rent within the first 12 months. After the first year, landlords can raise rent once every 12 months, but they must give tenants at least 90 days’ written notice. Week-to-week agreements require 7 days’ written notice (Or. Rev. Stat. § 90.323).
Rent payment increase maximum: State law caps rent increases at the lesser of 7% plus the annual change in the Consumer Price Index (CPI) or 10% (Or. Rev. Stat. § 90.323, 324).
Rent control/stabilization: In addition to the rent control policies outlined above, Oregon doesn’t have any additional stabilization laws.
Room Rental Agreement Breaches
Failure to pay: Oregon landlords must comply with the state’s notice requirements to initiate an eviction (Or. Rev. Stat. § 90.394).
Lease violations: You can terminate the tenancy by following the state’s legal guidelines (Or. Rev. Stat. § 90.392).
Self-help evictions: State law prohibits self-help evictions, such as changing the locks (Or. Rev. Stat. § 90.375).
Terminating a Room Rental Agreement in Oregon
Month-to-month: Give 30 days’ written notice to end the agreement (Or. Rev. Stat. § 90.620).
Fixed-term: You can’t break a fixed-term agreement early without penalty unless you have a legal cause (Or. Rev. Stat. § 90.427).
Room abandonment: Landlords must re-rent the room to reduce damages (Or. Rev. Stat. § 90.410).
Tenant’s right to terminate: Tenants can end their lease early without penalty in certain situations, including:
- Habitability issues (Or. Rev. Stat. § 90.360).
- Self-help evictions (Or. Rev. Stat. § 90.375).
Landlord Access Laws
Immediate access: Landlords can enter a tenant’s room without prior notice only in true emergencies (Or. Rev. Stat. § 90.322).
Landlord harassment: State law prohibits unlawful or unreasonable entry (Or. Rev. Stat. § 90.322).
Advance notice: Oregon law requires 24 hours’ advance notice (Or. Rev. Stat. § 90.322).
Lease Agreement Renewal and Termination
Required renewals: If both parties want to continue their fixed-term lease, they must sign a new room rental agreement in Oregon (Or. Rev. Stat. § 90.545).
Required notice: In the first year, landlords and tenants can end a month-to-month agreement by giving 30 days’ written notice. After the first year, landlords typically need to provide a legal reason (Or. Rev. Stat. § 90.620, 427)
Month-to-month considerations: If a fixed-term lease ends and the tenant stays in the room, the lease automatically converts to a month-to-month agreement (Or. Rev. Stat. § 90.545).
Room Rental Agreement Oregon FAQs
What to include in an Oregon room rental agreement?
- Mandatory disclosures
- Payment information
- House rules and responsibilities
How do I legally rent out a room?
We recommend using an Oregon room rental agreement form alongside landlord software.
How to make an Oregon room rental agreement?
Streamline the process with our simple, printable PDF template.
