Oregon Residential Lease Agreement

Important Information for Oregon Landlords

Oregon Rental Law Highlights

Security Deposits (ORS 90.300)

• No Maximum Amount: Oregon does not limit security deposit amounts
• Cannot Include Fees: Screening and application fees CANNOT be included in security deposit
• Return Timeline: 31 days after tenant vacates to return deposit or provide itemized statement
• Forwarding Address: Tenant must provide forwarding address within 30 days
• Itemization Required: Must provide written description of damages and list of amounts claimed
• Prepaid Rent: Cannot require more than first month’s rent plus security deposit (no last month’s rent upfront)
• Penalties: Wrongful retention can result in twice the amount wrongfully withheld
• Normal Wear and Tear: Cannot charge for ordinary wear and tear

Rent and Rent Increases (ORS 90.600, 90.427)

• Statewide Rent Control: Maximum 10% annual increase (7% + CPI, capped at 10%)
• 90-Day Notice: Required for rent increases over 10%
• 4-Day Grace Period: Mandatory grace period for late rent
• Late Fees: Can charge reasonable late fee after 4-day grace period
• Fixed-Term: Cannot increase rent during fixed-term lease
• Week-to-Week: 7 days notice for rent increase
• Month-to-Month: 90 days notice for rent increase if over 10%

Required Disclosures (ORS 90.220, 90.302)

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Name and address of landlord or landlord’s agent
• Property manager contact information
• Smoke detector and carbon monoxide alarm information
• Recycling information and location
• Utility payment arrangements and shared utility disclosure
• Renters’ insurance information (if required)
• Flood zone disclosure (if in 100-year floodplain)
• Methamphetamine contamination disclosure
• Sex offender registry information
• Previous drug manufacturing on property

Eviction and Termination (ORS 90.394, 90.427, 90.630)

• 72-Hour Notice: For nonpayment of rent (must allow time to cure)
• 30-Day Notice: For correctable violations
• 24-Hour Notice: For certain serious violations or repeat offenses
• 90-Day No-Cause Notice: Required for month-to-month (first year tenancy)
• 180-Day No-Cause Notice: Required for tenancies over 1 year (with relocation assistance)
• Relocation Assistance: May be required for no-cause terminations (varies by circumstance)
• Just Cause Required: After first year, can only terminate for cause or with relocation assistance
• Retaliation Prohibited: Cannot retaliate within 6 months of tenant exercising rights

Landlord Obligations (ORS 90.320)

• Habitability: Must maintain premises in habitable condition
• Essential Services: Must provide working plumbing, heating, hot water, electricity
• Smoke/CO Detectors: Must install and maintain working detectors
• Structural Soundness: Must maintain roofs, walls, floors in good repair
• Common Areas: Must keep safe and clean
• Building Codes: Must comply with applicable codes
• Prompt Repairs: Must make repairs within reasonable time (7 days for non-urgent)

Entry Requirements (ORS 90.322)

• 24-Hour Notice: Minimum notice required for entry
• Reasonable Hours: Entry must be at reasonable times
• Emergency Exception: Can enter without notice in emergency
• Abandonment: Can enter if property appears abandoned
• Permitted Purposes: Repairs, inspection, showing to buyers/tenants

Tenant Rights and Protections

• Warranty of Habitability: Implied in all residential leases
• Repair Rights: Can repair and deduct or terminate for major issues
• Retaliation Protection: 6-month protected period after exercising rights
• Privacy Rights: 24-hour notice required for entry
• Domestic Violence Protection: Early termination rights for victims
• Anti-Discrimination: Protected from discrimination based on multiple factors

Pet Policies

• Pet Deposits: No state limit on refundable pet deposits
• Pet Rent: Allowed by Oregon law
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed
• No Non-Refundable Fees: Oregon doesn’t allow non-refundable pet fees (pet rent is monthly)

Oregon-Specific Considerations

Marijuana Policy

• Recreational marijuana is legal in Oregon
• Landlords CAN prohibit marijuana use and cultivation on rental property
• Include specific prohibition in lease if desired
• Smoking prohibition can include marijuana
• Even with medical marijuana card, landlords can restrict use

Screening and Application Fees (ORS 90.295)

• Can charge application/screening fee (reasonable actual costs)
• Must provide receipt
• Must provide copy of screening report if requested
• Cannot be included in security deposit
• If no screening performed, must refund fee

Relocation Assistance Requirements

• Required for no-cause terminations after first year of tenancy
• Amount varies: typically one month’s rent or waiver of last month
• Applies to properties built before 2001
• Portland has additional relocation requirements
• Exceptions for owner move-in, major renovations, sale

Portland-Specific Requirements

Key Portland Provisions

• Rental Registration: Must register rental properties with city
• Screening Criteria: Must provide written screening criteria before collecting application fee
• Relocation Assistance: More generous than state requirements
• Fair Housing: Additional protected classes (source of income)
• Move-In Fees: Limited to security deposit plus first month’s rent
• Mandatory Lease Terms: Certain provisions must be included

Fair Housing Requirements

Best Practices for Oregon Landlords

• Use written leases for all tenancies
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Comply with 31-day security deposit return timeline
• Give proper notice before entry (24 hours minimum)
• Respond to repair requests within 7 days (urgent within 24 hours)
• Keep detailed records of all transactions and communications
• Follow proper notice requirements for rent increases (90 days if over 10%)
• Never use self-help eviction methods
• Understand relocation assistance requirements
• Stay informed about frequent legislative changes
• Consider landlord insurance
• Join local landlord associations (Multifamily NW, ORHA)

Smoke and Carbon Monoxide Detectors (ORS 90.316, 90.317)

• Landlord must install and maintain working smoke detectors
• Must be on every level and in every bedroom
• Carbon monoxide detectors required within 15 feet of sleeping areas
• Tenant responsible for battery replacement
• Tenant cannot disable detectors

Domestic Violence Protections (ORS 90.453)

• Victims can terminate lease early with proper notice
• Must provide documentation (police report, protective order, etc.)
• Landlord must change locks if requested
• Cannot discriminate against domestic violence victims

Manufactured Dwelling Tenancies

• Special rules apply to manufactured home parks (ORS 90.505-90.850)
• Longer notice periods for rent increases and terminations
• Additional disclosure requirements
• Different eviction procedures

Resources

• Oregon Revised Statutes (ORS) Chapter 90 – Residential Landlord-Tenant Law
• Oregon State Bar – Landlord-Tenant Law
• Multifamily NW (Portland Landlord Association)
• Oregon Rental Housing Association (ORHA)
• Portland Housing Bureau
• Oregon Law Help
• Community Alliance of Tenants