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Oregon Roommate Agreement

An Oregon roommate agreement is a written contract between tenants sharing a living space. It specifies the terms and conditions of cohabitation, allowing each tenant to understand their responsibilities regarding rent, utility payments, house chores, and other shared living arrangements. Once signed by all parties, the agreement becomes binding.

Oregon Roommate Agreement

Oregon Roommate Agreement

Types of Roommate Arrangements in Oregon

There are three basic types of roommate arrangements recognized by law:

Co-Tenancy

In Oregon, a roommate agreement typically represents a co-tenancy arrangement. This means that all roommates are on the same lease with equal responsibilities to the landlord. Key points include:

  • All roommates must sign the original lease with the landlord’s approval.
  • Each co-tenant is jointly and severally liable for the lease terms, meaning the landlord can pursue full recovery from any co-tenant for violations.
  • Co-tenants generally do not have the authority to evict one another; issues must be addressed with the landlord.

Subtenancy

The original tenant acts as the landlord to the subtenant, who pays rent to the original tenant. The original tenant is responsible for resolving rental issues and can evict the subtenant for misconduct.

At-Will Tenancy / Guest Tenancy

An informal arrangement where either party can terminate the agreement at any time. The landlord may or may not have consented to this arrangement, and the roommate is considered a guest.

Writing an Oregon Room Rental Agreement

When creating an Oregon roommate agreement, consider the following guidelines:

  1. Parties and Property: Specify who is making the agreement, the property address, and the landlord’s contact information.
  2. Lease Term: Note the term of the existing lease and the duration of the roommate agreement.
  3. Security Deposit: Discuss how the security deposit will be split and the rules for its return or deductions.
  4. Rent Payment: State the total rent amount and how it will be divided among roommates.
  5. Utility Payments: Determine how utility payments will be split and who will be responsible for sending payments to utility companies.
  6. Violation Rules: Set rules for lease or roommate agreement violations and outline procedures for early move-outs.
  7. House Rules: Establish any house rules regarding food, cleaning, guests, etc.
  8. Room Assignments: Divide bedrooms and specify shared and private areas.
  9. Signatures: Have all parties sign and date the agreement, and attach the completed landlord consent form.

Lease Violations

In a co-tenancy arrangement, all roommates are jointly and severally liable for the lease terms. This means:

  • If one roommate fails to pay their portion of the rent, the landlord can demand full payment from any of the co-tenants.
  • If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.

Resolving Roommate Disputes

In the event of a dispute, the original lease takes precedence over the roommate agreement. Generally, house rules regarding non-lease-related issues (such as chores or quiet hours) are not enforceable in court. Roommates may consider using a neutral third-party service, such as mediation or arbitration, to resolve disagreements not related to the lease.

Statutes

  • ORS § 90.300 – Security deposits; prepaid rent
  • ORS § 90.220 – Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment
  • ORS § 90.260 – Late rent payment charge or fee; restrictions; calculation
  • ORS § 90.302 – Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies
  • ORS § 90.365 – Failure of landlord to supply essential services; remedies
  • ORS § 90.368 – Repair of minor habitability defect
  • ORS § 90.255 – Attorney fees
  • ORS § 90.410 – Effect of tenant failure to give notice of absence; absence; abandonment
  • ORS § 90.453 – Release of victim from tenancy; victim verification statement
  • ORS § 90.459 – Change of locks at request of victim
  • ORS § 90.385 – Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases
  • ORS § 90.228 – Notice of location in 100-year flood plain
  • ORS § 90.396 – Acts or omissions justifying termination 24 hours after notice
  • ORS § 90.398 – Termination of tenancy for drug or alcohol violations
  • ORS § 90.392 – Termination of tenancy for cause; tenant right to cure violation
  • ORS § 90.394 – Termination of tenancy for failure to pay rent
  • ORS § 90.427 – Termination of tenancy without tenant cause; effect of termination notice
  • ORS § 91.060 – Tenancy from year to year
  • ORS § 91.070 – Tenancy from month to month
  • ORS § 91.080 – Termination when expiration of tenancy fixed by terms of lease

FAQs

An Oregon roommate agreement is a written contract among tenants sharing a living space, outlining responsibilities for rent, utilities, chores, and house rules. It is important because it clarifies expectations and helps prevent disputes, making the living arrangement smoother for all parties involved.

Key components of an Oregon room rental agreement include the names and contact information of all parties, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.

Co-tenancy means that all roommates are on the same lease with equal responsibilities to the landlord. This arrangement requires all co-tenants to adhere to the lease terms, and if one fails to do so, the others can be held liable for any violations.

Roommates can resolve disputes by referring to their roommate agreement, but it’s important to note that the original lease takes priority. If disagreements arise that are not covered by the lease, they may consider using mediation or arbitration services for a neutral resolution.

If one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that all roommates are equally responsible for ensuring the rent is paid in full.

Co-tenancy involves all roommates being on the same lease with equal responsibilities. Subtenancy occurs when one tenant rents out a portion of the space to another, making the original tenant the landlord. At-will tenancy is an informal arrangement where either party can terminate the agreement at any time, often without the landlord’s consent.

House rules established in a roommate agreement are generally not enforceable in a court of law, as the lease takes priority. Therefore, while these rules can help maintain harmony, they may not hold legal weight in disputes.

If a roommate needs to move out early, the roommate agreement should specify the procedures for handling this situation. Typically, the remaining roommates and the landlord must agree on how to manage the lease obligations and any financial implications.