Portland, OR Residential Lease Agreement

Important Information for Portland Landlords

Portland Rental Law Highlights

Oregon Residential Landlord and Tenant Act (ORS 90)

• Statewide Application: Comprehensive landlord-tenant law applies to all Oregon rentals
• No Rent Control: Oregon law prohibits local rent control ordinances
• Rent Increase Limits (Statewide): Annual increases capped at 10% per year (ORS 90.600)
• 90-Day Notice: Required for rent increases or no-cause terminations (ORS 90.427, 90.600)
• Tenant Screening: Must provide written notice of criteria; cannot consider evictions older than 5 years
• Just Cause Required: After first year, landlord must have cause to terminate (ORS 90.427)

Security Deposits (ORS 90.300)

• Maximum Amount: No statutory limit in Oregon
• Return Timeline: 31 days after tenant vacates
• Itemized Statement: Required if any deductions are made
• Walk-Through: Tenant has right to be present for move-out inspection
• Interest Required: No
• Penalties: Twice the deposit amount for bad faith withholding

Rent and Fees (ORS 90.220, 90.260, 90.600, Portland ordinances)

• Rent Increases: Limited to 10% per year maximum (Oregon statewide)
• Notice Requirements: 90 days’ notice required for any rent increase (ORS 90.600)
• Late Fees: Maximum $50 or 5% of monthly rent (ORS 90.260); 4-day grace period required
• NSF Fees: Must be reasonable; typically $20-30
• Application Fees: No statutory limit but must be reasonable
• Move-In Fees: Limited to actual costs

Required Disclosures (ORS 90.220, 90.302, Portland ordinances)

• Landlord/agent name and address (ORS 90.305)
• Written receipt for all payments (ORS 90.220)
• Utility payment arrangements (ORS 90.315)
• Smoking policy (ORS 90.222)
• Flood zone disclosure if applicable (ORS 90.228)
• Carbon monoxide alarm information (ORS 90.316, 90.317)
• Tenant screening criteria (ORS 90.304)
• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Portland relocation assistance notice (if applicable)

Just Cause for Termination – ORS 90.427

• After First Year: Landlord must have cause to terminate month-to-month or refuse renewal
• For-Cause Reasons: Nonpayment, lease violations, substantial damage, criminal activity, refusal of access, etc.
• No-Cause Reasons: Owner/relative move-in, sale of property, demolition, substantial renovation, conversion to non-residential
• Relocation Assistance: Required for most no-cause terminations (ORS 90.427(11))
• Amount: One month’s rent (as of current law)
• 90-Day Notice: Required for no-cause terminations

Eviction and Termination (ORS 90.394, 90.400, 90.427)

• 72-Hour Notice: For nonpayment of rent (pay or vacate) – ORS 90.394
• 30-Day Notice: For lease violations (first offense) – ORS 90.630
• 10-Day Notice: For repeat violations within 6 months – ORS 90.630
• 24-Hour Notice: For serious violations (drugs, violence, etc.) – ORS 90.396
• 90-Day Notice: For no-cause terminations (after first year) – ORS 90.427
• Court Process: Forcible entry and detainer (FED) action required

Landlord Obligations (ORS 90.320, 90.730)

• Habitability: Must maintain in habitable condition
• Essential Services: Heat, water, hot water, electricity
• Repairs: Must make repairs within reasonable time (typically 7-30 days)
• Building Codes: Compliance with all applicable codes
• Smoke Detectors: Required in all units; landlord must maintain
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances
• Locks: Must provide working locks on all exterior doors

Entry Requirements (ORS 90.322)

• Notice Required: 24 hours’ notice required (except emergency)
• Reasonable Times: Must be at reasonable times
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Repairs, inspections, showings, emergencies

Tenant Protections (ORS 90.315, 90.365, 90.375)

• Repair and Deduct: Up to $300 or one month’s rent (whichever less) – ORS 90.368
• Rent Withholding: For serious habitability issues – ORS 90.370
• Retaliation Protection: Cannot retaliate for tenant complaints – ORS 90.385
• Lockout Prohibition: Illegal; tenant can sue for damages
• Utility Shutoff: Illegal; tenant remedies available

Portland-Specific Requirements

Relocation Assistance – ORS 90.427(11)

• Required for no-cause terminations after first year of tenancy
• Amount: One month’s rent (as of current Oregon law)
• Must be paid within 96 hours of notice or before end of first rental period, whichever later
• Tenant can choose to stay 90 days or leave earlier
• If tenant leaves earlier, landlord still must pay full amount
• Exemptions: Owner/relative move-in to single-family home (certain conditions)

10% Annual Rent Increase Cap (Statewide – ORS 90.600)

• Applies to all Oregon rentals (with limited exemptions)
• Maximum 10% increase per year
• Calculated from existing rent, not market rate
• 90-day notice required for any increase
• Exemptions: Buildings less than 15 years old; subsidized housing
• Cannot combine multiple years to increase more than 10% in one year

90-Day Notice Requirement (ORS 90.427, 90.600)

• Required for all rent increases (any amount)
• Required for no-cause terminations
• Must be in writing
• Much longer than most states
• Gives tenants substantial time to respond

Tenant Screening Restrictions (ORS 90.304, 90.303)

• Must provide written screening criteria to applicants
• Cannot consider evictions older than 5 years
• Cannot charge more than actual screening costs
• Must return application fee if no screening performed
• Cannot discriminate based on source of income (including Section 8)

4-Day Grace Period for Late Fees (ORS 90.260)

• Cannot charge late fees until rent is 4 days late
• Maximum late fee: $50 or 5% of monthly rent
• More generous grace period than many states
• Late fee provision must be in lease

Fair Housing Requirements

Best Practices for Portland Landlords

• Understand Oregon’s statewide landlord-tenant law (ORS 90)
• Limit rent increases to 10% annually (statewide cap)
• Provide 90-day notice for any rent increase or no-cause termination
• Provide written tenant screening criteria to all applicants
• Budget for relocation assistance if no-cause termination needed (one month’s rent)
• Return deposits within 31 days with itemization
• Provide 24 hours’ notice before entry
• Wait 4 days before charging late fees (max $50 or 5%)
• Never use self-help eviction methods
• Document everything in writing
• Provide all required disclosures at lease signing
• Stay current on Oregon rental law changes
• Consider legal counsel for evictions or complex situations

Portland Climate Considerations

• Marine Climate: Mild, wet winters and dry summers
• Temperature Range: 35°F to 85°F typical range
• Rainy Season: October through May (frequent rain)
• Dry Summers: June through September typically dry
• Moderate Temperatures: Rarely very hot or very cold
• Heating Important: Needed October through May

Resources

• City of Portland – Bureau of Development Services
• Community Alliance of Tenants
• Oregon State Bar – Landlord-Tenant Law
• Oregon Revised Statutes – Chapter 90 (Landlord-Tenant)
• Oregon Law Center
• Multnomah County Bar Association
• Rental Housing Alliance Oregon