A residential lease agreement in Portland is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Portland
Portland currently has several mandatory disclosures that landlords must provide to tenants. These disclosures are either in addition to or modify requirements for Oregon’s lease agreement requirements.
Security Deposit Receipt
If collecting a security deposit, Portland landlords must disclose to tenants the name of the institution holding the security deposit—-along with the address and account type (interest-bearing or non-interest-bearing). This must be delivered to the tenant within 2 weeks of move-in. Landlords can include a disclosure of this information in the lease agreement.
Condition Report Form
Portland rental agreements must include a condition report, also known as a move-in checklist, to take inventory of existing property damages. Either party must complete the condition report within seven days of move-in to enable accurate deductions for damages upon move-out.
Tenant Notice of Rights and Responsibilities
Landlords must deliver a notice of rights and responsibilities to the tenants along with any termination notices, rent increases, or relocation payments. Landlords may want to incorporate a clause into the lease agreement stating this responsibility.
Landlord-Tenant Rights and Regulations in Portland
When it comes to landlord-tenant rights, landlords should be aware of the following:
Renter Relocation Assistance
Certain Portland tenants who encounter any of the following scenarios may be entitled to receive relocation assistance from their landlord:
- No-cause eviction
- Non-renewal notice for a fixed-term lease
- Qualified landlord reason for termination
- Significant changes in the lease terms
- Rent increase of 10% or more over a 12-month period
In order to qualify for relocation benefits, tenants must meet the following guidelines:
- Live within Portland city limits
- Not live in the same property as their landlord
- Not have a week-to-week tenancy agreement
There are some additional exemptions to this ordinance. For example, the landlord does not have to pay relocation assistance if their immediate family is moving into the unit. A full list of exemptions can be found in Portland’s Notice of Tenant’s Rights and Obligations.
Eligible tenants may qualify for the following amounts based on the number of bedrooms in their rental unit:
- Studio or Single Room Occupancy (SRO) – $2,900
- 1-Bedroom – $3,300
- 2-Bedroom – $4,200
- 3-Bedroom or larger – $4,500
In addition to statewide rent control laws, Portland has additional rent-increase regulations. If a landlord intends to raise the rent by more than 5%, they must provide tenants with 90 days’ notice along with a notice of tenant’s rights and obligations.
If the rent increase is 10% or more, the tenant has 45 days to request relocation services from the landlord. Then, the landlord must make all necessary payments within 31 days of the tenant’s request. Tenants will have 6 months to either 1) pay back all relocation payments to the landlord, or 2) give the landlord a move-out notice.
If a landlord evicts a tenant without a tenant-based cause, the tenant must receive 90 days’ written notice. This applies to both no-cause and just-cause (no-fault) evictions. A no-cause eviction happens when the landlord evicts a tenant for no particular reason. A no-fault just cause eviction happens when a landlord evicts a tenant due to a specific scenario—such as owner move-in or building renovations.
Optional Lease Agreement Disclosures and Addendums in Portland
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Fire Safety Disclosure
Due to Portland’s higher wildfire risk, landlords should consider including a fire safety disclosure in the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
Due to Portland’s high crime rate, landlords may want to include a crime-free addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Summary of Required Lease Addendums and Disclosures for the State of Oregon
- Landlord’s Name and Address – Oregon leases must contain the name and address of the landlord or authorized agent.
- Flood Zone Disclosure – Landlords must disclose the flood risk of any property below the 100-year floodplain, as determined by the National Flood Insurance Program.
- Carbon Monoxide Detector Addendum – 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.
- Pending Suits Disclosure – Oregon landlords of four or fewer rental units must include a pending suits disclosure.
- Shared Utility Agreement – Rentals that share a utility meter with the entire building may charge separately for utilities. The landlord must disclose how charges are billed to individual tenants.
- Smoking Policy Addendum – Landlords must outline smoking policies in the rental property. Landlords must specify if smoking is only allowed in certain areas.
- Recycling Notice – A notice of services must be delivered to tenants in certain areas at the beginning of a lease, and an annual notice must be given about recycling opportunities, locations, and methods.
- Dishonored Check Fee – Oregon landlords must disclose a dishonored check fee in the lease in order to charge it to a tenant later. Oregon caps dishonored check fees at $35, and landlords must demand payment before charging a dishonored check fee.
- Lead-Based Paint Disclosure – 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.