Oregon
This article provides a quick overview of some key Oregon Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Oregon Statutes cited below to research this information and it should be a good starting point in learning about the law.
Oregon Commercial Lease Agreement
Oregon Landlord Tenant Key Rules
Official Oregon Forms:
Security Deposit
| TOPIC | RULE |
| Security Deposit Maximum: | There is no maximum, but see statute for provisions. ORS § 90.300 |
| Security Deposit Interest: | No statute. |
| Separate Security Deposit Bank Account: | No statute. |
| Non-refundable fees: | Non-refundable fees are prohibited. ORS § 90.300 |
| Pet Deposits and Additional Fees: | Landlords are allowed to charge a pet deposit, but not permitted to charge a tenant for a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws. ORS § 90.300 |
| Deadline for Returning Security Deposit: | Security deposit must be returned within 31 days from the termination of tenancy. ORS § 90.300 |
| Permitted Uses of the Deposit: | |
| Security Deposit can be Withheld: | |
| Require Written Description/Itemized List of Damages and Charges: | Required. ORS § 90.300 |
| Receipt of Security Deposit: | Landlords must provide tenants with a receipt for any security deposit(s) paid. ORS § 90.300 |
| Record Keeping of Deposit Withholdings: | No statute. |
| Failure to Comply: | Tenants may recover the money due in an amount equal to twice the amount if the landlord fails to return all or any portion of prepaid rent. ORS § 90.300 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | Rent is payable without demand or notice at the time and place agreed upon by the parties in the rental agreement. ORS § 90.220 |
| Payment Methods: | No statute. |
| Rent Increase Notice: | Landlords must give 30-days written notice for month-to-month leases and at least 7-days written notice for week-to-week leases. ORS § 90.323 |
| Late Fees: | Late fees are allowed if documented in the lease. See statute for stipulations. ORS § 90.260 |
| Application Fees: | Landlords may require screening application fees solely to cover the costs of obtaining information about an applicant. They can only charge a single applicant once within any 60-day period, regardless of how many applications submitted. ORS § 90.295 |
| Prepaid Rent: | Prepaid rent is allowable. If the “last month’s rent” is prepaid, it must be used for the last month of tenancy under a lease agreement. ORS § 90.300 |
| Returned Check Fees: | The amount of the fee may not exceed $35.00 plus any amount that a bank has charged the landlord for the attempt to process the dishonored check. ORS § 90.302 |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | If a landlord negligently or intelligently fails to provide essential services, the tenant is permitted to give written notice specifying the breach in the lease agreement and can seek substitute services, reduction in rent, or substitute housing until rectified. ORS § 90.365 |
| Tenant Allowed to Repair and Deduct Rent: | If the landlord fails to repair a minor habitability defect (see statute for definition), the tenant may complete the repair of the defect and deduct the actual and reasonable cost of the repair work from the rent payment, not to exceed $300. ORS § 90.368 |
| Self-Help Evictions: | Self-help evictions are illegal. |
| Landlord Allowed to Recover Court and Attorney’s Fees: | Yes, the prevailing party from any judgement is eligible to recover damages due to court costs and attorney fees. ORS § 90.255 |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | If the tenant abandons the dwelling unit for a reasonable amount of time, the landlord shall make reasonable efforts to rent it for a fair market rate. ORS § 90.410 |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | Notice must be given in writing no less than 60 days prior to lease termination. ORS § 91.060 |
| Notice to Terminate a Periodic Lease – Month-to-Month: | Notice must be given in writing no less than 30 days prior to lease termination. ORS § 91.070 |
| Notice to Terminate a Periodic Lease – Week-to-week: | Landlords are required to provide written notice of intent to terminate the rental agreement due to nonpayment and give the tenant at least 72 hours to remedy the nonpayment of rent. The notice must be presented no sooner than on the fifth day of the rental period, including the first day the rent is due. ORS § 90.394 |
| Notice to Terminate Lease due to Sale of Property: | If a landlord sells an occupied rental unit, the landlord must give the current tenant 30 days’ written notice if the tenant has a month-to-month lease. If the tenant has lived in the rental unit for more than one year, the landlord must give 60 days’ written notice. See statute for specific requirements. ORS § 90.427 |
| Notice of date/time of Move-Out Inspection: | No statute. |
| Notice of Termination for Nonpayment: | For week-to-week tenancies, 72 hours’ written notice must be given to remedy the nonpayment. For all other leases, see statute for requirements. ORS § 90.394 |
| Notice for Lease Violation: | Once written notice is provided to the tenant, the rental agreement will terminate in 30 days. If the tenant has a prior lease violation within the most recent six (6) months, the landlord is able to only provide ten (10) days’ notice. ORS § 90.392 |
| Required Notice before Entry: | The landlord must give the tenant at least 24 hours’ actual notice of the intent of the landlord or landlord’s agent to enter – only at reasonable time. ORS § 90.322 |
| Entry Allowed with Notice for Maintenance and Repairs: | Entry is allowed at reasonable times. ORS § 90.322 |
| Emergency Entry Allowed without Notice: | Landlords may enter the rental unit due to an “emergency” but must send notice to the tenant specifying the nature of the emergency to the tenant within 24 hours of the entry. ORS § 90.322 |
| Entry Allowed During Tenant’s Extended Absence: | Landlord may enter at reasonable times if tenant’s absence is greater than seven (7) days.ORS § 90.340 |
| Entry Allowed with Notice for Showing the Property: | Yes. ORS § 90.322 |
| Notice to Tenants for Pesticide Use: | No statute. |
| Lockouts Allowed: | Lockouts are not permitted. ORS § 90.375 |
| Utility Shut-offs Allowed: | Utility shut-offs are not permitted. ORS § 90.375 |
| Electronic Notices Allowed: | Landlords and tenants can agree to communicate via electronic notices, though this must be specified in a written addendum to the rental agreement. The addendum must include specific email addresses for both parties and information on the rights of the parties regarding electronic notices. ORS § 90.155 |
Disclosures
- Name and Addresses: Landlord must disclose name and address of owner and agent. (Or. Rev. Stat. § 90.305)
- Copy of the Lease: Tenant must be provided with a copy of the lease. (Or. Rev. Stat. § 90.220)
- Domestic Violence Situations: Victims may terminate lease with proof and 14-day notice. (Or. Rev. Stat. § 90.453)
Duties
Landlord’s Duties
- Compliance: Must comply with housing codes. (Or. Rev. Stat. § 90.320)
- Repairs: Maintain premises in habitable condition. (Or. Rev. Stat. § 90.320)
- Common Areas: Keep clean and safe. (Or. Rev. Stat. § 90.320)
- Maintenance: Provide essential services. (Or. Rev. Stat. § 90.320)
- Garbage: Provide waste removal facilities. (Or. Rev. Stat. § 90.320)
Tenant’s Duties
- Cleanliness: Maintain unit clean. (Or. Rev. Stat. § 90.325)
- Trash: Dispose properly. (Or. Rev. Stat. § 90.325)
- Plumbing: Use fixtures reasonably. (Or. Rev. Stat. § 90.325)
- Appliances: Use responsibly. (Or. Rev. Stat. § 90.325)
- Damage: Avoid damage. (Or. Rev. Stat. § 90.325)
- Quiet Enjoyment: Do not disturb others. (Common law)
- Subleasing: Permitted with consent. (Lease-specific)
- Retaliation: Not permitted. (Or. Rev. Stat. § 90.385)
- Lead Disclosure: Required by federal law.