HomeRocketRent Logo

Oregon

An Oregon lease agreement outlines the terms under which a landlord rents their property to a tenant for a specified duration. This document includes essential details such as the names and contact information of both parties, the property address and description, pet policies, safety and health information, and rent payment details.

SimpleBasicLease_Oregon

SimpleBasicLease_Oregon

Rental Lease Laws Overview

In Oregon, several key rental lease laws are in place:

  • Rent Control: Yes
  • Limit on Late Fees: Yes
  • Late Fees in Rental Agreement: Yes
  • Grace Period: Yes
  • License Required for Landlord: Yes

Landlords are advised to vet tenants using a rental application before finalizing the lease.

Required Lease Disclosures

Landlords in Oregon are mandated to provide specific disclosures to tenants, which include:

  1. Identification: The property owner’s name and address must be disclosed.
  2. Carbon Monoxide & Smoke Detector Addendum: At least one operational carbon monoxide detector must be installed, along with instructions for testing smoke alarms.
  3. Disclosure of Flood Hazard Area: Tenants must be informed if the property is located in a 100-year flood plain.
  4. NSF (Dishonored) Check: The lease agreement must specify a fee for an NSF check.
  5. Outstanding Notices/Pending Suits: Landlords must notify tenants of any outstanding notices or pending legal actions, such as foreclosure.
  6. Recycling: For properties with more than five units, landlords must provide recycling instructions.
  7. Smoking Policy: A disclosure regarding the smoking policy for the property must be provided.
  8. Utility/Service Fees: Landlords must clarify if any service or utility fees paid by the tenant will benefit the landlord or other tenants.
  9. Disclosure of Lead-Based Hazards: Tenants must be informed if the property may contain lead-based paint.

Security Deposit

Regarding security deposits, the following rules apply in Oregon:

  • Maximum Amount: There is no legal limit on the amount a landlord can charge for a security deposit.
  • Receipts: Not specified by law.
  • Interest Payments: Not required.
  • Bank Account: Not required.
  • Returning Requirements: Security deposits must be returned within thirty-one (31) days of the lease’s end or termination.
  • Withholding Rules: Landlords can withhold security deposit funds for unpaid rent, lease breaches, and damages beyond normal wear and tear. Deductions must be itemized and provided with the remaining deposit.

Rent Payments

Oregon law does not specify when rent is due; this is typically outlined in the lease agreement. Key points regarding rent payments include:

  • Rent Control: Rent increases are limited to a maximum of 7% plus inflation annually.
  • Late Fees and Grace Period: A 4-day grace period is allowed. Landlords may charge a reasonable late fee, which can be a flat amount per period, a daily rate less than 6% of the flat fee, or 5% of the monthly rent for each 5-day period until paid. A 3-day notice to pay rent or quit is required before eviction proceedings can begin.
  • Withholding Rules: If a landlord fails to make necessary repairs or provide essential services, the tenant must notify the landlord and wait a reasonable time for resolution. If unresolved, the tenant may arrange repairs and deduct the cost (for defects under $300), recover damages for reduced rental value, or, if the unit is unsafe, find alternative housing and stop rent payments.

Landlord Right of Entry

Landlords must adhere to the following notice requirements regarding entry into the rental property:

  • Notice Requirements: Landlords must provide at least twenty-four (24) hours of notice before entering the premises in non-emergency situations.
  • Keys, Locks, and Security: Tenants may change locks if permitted by the lease. In cases of domestic violence, tenants can request a lock change from the landlord, but must cover the cost.

Property Repairs

Landlords have specific responsibilities to ensure the property remains habitable, including:

  • Maintaining a weatherproof exterior
  • Ensuring functional plumbing
  • Providing safe hot and cold running water
  • Maintaining operational heating, ventilation, and air conditioning
  • Ensuring working electrical systems and properly functioning appliances
  • Keeping the property clean and free from debris, rubbish, rodents, and vermin

Tenants are required to use the property as a dwelling, pay rent, keep it clean and maintained, and return it in the same condition as received, except for normal wear and tear. Additionally, tenants may be required to notify the landlord of absences longer than seven days, with failure to do so potentially resulting in the landlord recovering actual damages.

Terminating a Lease

In Oregon, the process for terminating a lease is as follows:

  • Month-to-Month Tenancy: Either party can terminate the lease by providing a 30-day notice.
  • Unclaimed Property: Landlords must store any left-behind personal property and notify the tenant at their last known address. If the tenant does not respond within five days or recover the property within 15 days, the landlord may dispose of or sell it.

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

In Oregon, landlords must disclose the property owner’s name and address, provide a carbon monoxide and smoke detector addendum, inform tenants if the property is in a flood hazard area, specify fees for NSF checks, notify about outstanding notices or pending suits, provide recycling instructions for properties with more than five units, disclose the smoking policy, clarify utility/service fees, and inform about lead-based hazards.

In Oregon, there is no legal limit on the amount a landlord can charge for a security deposit, allowing landlords to set the deposit amount as desired. However, the landlord must return the security deposit within thirty-one days of the lease’s end or termination, and any deductions must be itemized.

In Oregon, landlords must provide at least twenty-four hours of notice before entering a rental property in non-emergency situations. This requirement ensures that tenants are informed and can prepare for the landlord’s visit.

In Oregon, landlords can charge reasonable late fees for rent payments, with a grace period of four days. The late fee can be a flat amount, a daily rate less than 6% of the flat fee, or 5% of the monthly rent for each 5-day period until paid.

Landlords in Oregon are responsible for ensuring that the rental property is habitable, which includes maintaining a weatherproof exterior, functional plumbing, safe heating and electrical systems, and keeping the property clean and free from pests. They must also address any necessary repairs to maintain these standards.

If a landlord fails to make necessary repairs or provide essential services, tenants should notify the landlord and wait a reasonable time for the issue to be resolved. If unresolved, tenants can arrange repairs themselves for defects under $300 and deduct the cost from their rent.

In Oregon, either party can terminate a month-to-month lease by providing a 30-day notice to the other party. This notice must be given in writing to ensure proper communication and compliance with the lease terms.

In Oregon, landlords must store any left-behind personal property and notify the tenant at their last known address. If the tenant does not respond within five days or recover the property within 15 days, the landlord may dispose of or sell the unclaimed property.