Oregon Sublease Agreement

Right to Sublet

In Oregon, tenants must obtain explicit written permission from their landlord to sublet their rental property. If the original lease does not address the issue of subletting, tenants can seek permission using a Landlord Consent Form. It is important to note that landlords retain the right to reject a proposed subtenant based on qualifications, such as prior evictions or bankruptcy.

For manufactured dwelling parks and marinas, specific rules apply. A sublease agreement is required if the tenant intends to rent out the facility for more than three days. Additionally, landlords cannot impose more restrictive screening criteria on subtenants than they do on regular tenants. If the sublease agreement does not specify termination conditions, landlords can terminate the sublease without cause by providing 30 days’ notice.

Standard Components of an Oregon Sublease Agreement

An Oregon sublease agreement generally includes the following components:

• Names of the Parties: Identification of the sublessor (original tenant) and sublessee (new tenant).
• Rental Unit Location: The address of the rental unit as described in the original lease.
• Term: The start and end dates of the sublease.
• Rent: The amount of rent, payment schedule, and payment method.
• General Conditions: A statement that the written sublease agreement contains all agreements and can only be modified by written consent.
• Master Lease Inclusion: A copy of the Master Lease attached, with any exceptions clearly stated.
• Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
• Authorized Occupants: Identification of new tenants and policies regarding short-term guests.
• Lead-Based Paint Notice: Required if the rental unit was built before 1978.
• Security Deposit: Held by the sublessor, with no limit on the amount.
• Return of Security Deposit: Must be returned within 31 days after the lease term ends, with an itemized list of any deductions.
• Inventory of Included Items: List of items included in the rental unit.
• Utilities: Specification of which utilities are paid by the sublessor and which by the sublessee.
• Smoking Policy: Any restrictions on smoking within the rental unit.
• Landlord’s Consent: Description of how the landlord’s consent is obtained.
• Liability: Responsibilities for damages between the sublessor and sublessee.
• Signature: Signatures and dates for all parties involved.

Tax Implications of a Sublease in Oregon

Oregon imposes a 1.5% transient lodging tax on rentals lasting less than 30 days. Local municipalities may impose additional lodging taxes. For example, the tax rates in various cities include:

• Ashland: 10%
• Bend: 10.4%
• Eugene: 4.5% + 7% Lane County tax
• Portland: 11.5%
• Salem: 9%

Hosts must register with the Oregon Department of Revenue to collect and remit these taxes. Platforms like Airbnb may handle tax collection, but hosts should ensure compliance with all applicable tax regulations.

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