A summary of Oregon Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Contact Information: Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and 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 for the purpose of receiving notices and demands. (Ore. Rev. Stat. §90.305)
Pending Legal Proceedings: If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord must disclose that circumstance to the tenant in writing before the execution of the rental agreement:(a) Any outstanding notice of default under a trust deed, mortgage, or contract of sale, or notice of trustee’s sale under a trust deed;(b) Any pending suit to foreclose a mortgage, trust deed, or vendor’s lien under a contract of sale;(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or(d) Any pending proceeding to foreclose a tax lien.(Ore. Rev. Stat. §90.310)
Utilities: The landlord must disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that directly benefits the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit.
A landlord may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit. Unless the method of allocating the charges to the tenant is described in the tenant’s written rental agreement, the tenant may require that the landlord give the tenant a copy of the provider’s bill as a condition of paying the charges. (Ore. Rev. Stat. §90.315)
Recycling: In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises must notify new tenants at the time of entering into a rental agreement of the opportunity to recycle. (Ore. Rev. Stat. §90.318)
Smoking Policy: Landlord must disclose the smoking policy for the premises, by stating whether smoking is prohibited on the premises, allowed on the entire premises, or allowed in limited areas. If landlord allows smoking in limited areas, the disclosure must identify those areas. (Or. Rev. Stat. 90.220)
Carbon Monoxide: If rental contains a CO source (a heater, fireplace, appliance, or cooking source that uses coal, kerosene, petroleum products, wood, or other fuels that emit carbon monoxide as a by product of combustion; or an attached garage with an opening that communicates directly with a living space), landlord must install one or more CO monitors and give tenant written instructions for testing the alarm(s), before tenant takes possession. (Ore. Rev. Stat. §90.316, 90.317)
Flood Zone: If a dwelling unit is located in a 100-year flood plain, the landlord must provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. If a landlord fails to provide a notice as required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months’ rent. (Ore. Rev. Stat. §90.228)
Renter’s Insurance: Landlord may require tenants to maintain liability insurance (certain low-income and subsidized tenancies excepted), but only if only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail, or by posting in a common area or office. The documentation may consist of a current certificate of coverage. Any landlord who requires tenants to obtain renters’ insurance must disclose the requirement and amount in writing prior to entering into a new tenancy, and may require the tenant to provide documentation before the tenancy begins. (Ore. Rev. Stat. §90.367)
Security Deposit Limit
While there is no limit on the amount collected for a security deposit, a landlord may not ask for an additional deposit within the first year of a tenancy unless both parties agree and the deposit corresponds to a particular modification such as adding a pet.
Deadline for Returning Security Deposit
A landlord has 31 days to return a deposit once the tenant moves.
Small Claims Lawsuits
$10,000 is the maximum amount anyone (including landlords and tenants) can sue for in small claims court.
Oregon Rules on Late Fees
The landlord must disclose the late fee policy in the lease and allow four days to pass after the due date before charging a late fee. Any reasonable amount up to 5% of the monthly rent may be charged.
Oregon does not legislate the amount of notice required before raising the rent. Usually, 30 days notice is satisfactory for month-to-month leases with longer term leases requiring the permission of both parties usually upon renewal.
Tenant’s Right to Withhold Rent
Under special circumstances only, if a landlord fails to act, a tenant can withhold rent or fix an important repair and deduct the cost from the rent as outlined in Oregon Rev. Stat. § 90.365.
Termination and Eviction
Ore. Rev. Stat. §§ 90.396, 90.403 authorizes the landlord to serve an unconditional 24 hour notice to quit or be evicted for incidents of violence or threats of violence by tenant or a guest; intentionally causing substantial property damage; giving false information on an application within the past year regarding a criminal conviction (landlord must terminate within 30 days of discovering the falsity); committing any act “outrageous in the extreme” (see statute); intentionally or recklessly injuring someone (or placing them in fear of imminent danger) because of the tenant’s perception of the person’s race, color, religion, national origin, or sexual orientation; second failure to remove a pet that has caused substantial damage
Ore. Rev. Stat. §§ 90.392, 90.405 allows for most other lease violations 14 days to cure with an additional 16 days to vacate. However, only 10 days needs to be given to remove an unauthorized pet.
Access to Property
Landlords must provide notice 24 hours in advance before entry.
Oregon Rev. Stat. §90.453 states that if a tenant is able to provide verification (police report, police statement, valid court order of protection) of being a victim of domestic violence, sexual assault, or stalking occurring within the past 90 days, the landlord is required to release the tenant from a rental agreement if the tenant gives the landlord 14-days written notice.
Oregon Rev. Stat. §90.459 requires the landlord to change the locks if a tenant is a victim of domestic violence.
Or. Rev. Stat. § 107.718 grants the court power to order the respondent move from the petitioner’s residence, if in the residence is in the sole name of the petitioner, is jointly owned or rented, or if the parties are married to each other. (No provision regarding unmarried parties living together, with respondent’s name on lease or title.) However, Oregon Rev. Stat. §107.716 provides that restraining order provisions may not affect title to real property.
Oregon Lease Agreement
Oregon Landlord-Tenant Law Statutes
Oregon Rev. Stat. §§ 90.100 to 91.225.