Oregon tenant rights are among the strongest in the country. As a result, both landlords and tenants in the Beaver State must thoroughly understand Oregon landlord-tenant law. These regulations govern the rental relationship, ensuring both parties’ fair and legal treatment.
Here, we’ll review the key details of Oregon’s rental housing ordinances, including information on security deposits, application fees, and rent control. Read on to learn more.
Marketing. Applications. Leases. Payments.
Key Findings: Landlord-Tenant Rights & Responsibilities
State law entitles landlords and tenants to certain rights in exchange for fulfilling crucial responsibilities in the rental relationship. We’ll cover some of the essential points below.
Oregon landlords have the right to:
- Charge applicants a screening fee
- Assess a security deposit from tenants
- Charge late fees for overdue rent
- Enter the property if necessary
- Evict tenants if necessary
Oregon landlords are responsible for:
- Providing safe, habitable housing for tenants
- Making mandatory disclosures to tenants
- Returning the security deposit within 31 days of the tenant moving out
- Giving notice to tenants before entering the dwelling unit
- Adhering to the terms of the lease
Oregon tenants have the right to:
- Safe, habitable housing
- Receive at least 24 hours’ notice before the landlord enters the dwelling
- Receive appropriate notice of rent increases and termination of tenancy
- Make repairs and deduct from or withhold rent if necessary
- Terminate the tenancy if the landlord breaches the rental contract
Oregon tenants are responsible for:
- Paying rent
- Maintaining the dwelling unit
- Testing smoke and carbon monoxide detectors every six months
- Using the unit only as a dwelling
- Adhering to the terms of the lease
Best Practices for Screening Prospective Tenants
Landlords should thoroughly screen all applicants to find trustworthy tenants. Landlords can charge a rental application fee to cover tenant screening, though the fee cannot exceed average screening costs (ORS 90.295).
During the screening process, landlords may inquire about a tenant’s criminal and credit history within certain limits. A relatively new Oregon landlord-tenant law, Senate Bill 291, requires landlords to only consider arrest records that led to a conviction or pending charges. Landlords are also subject to the federal Fair Credit Reporting Act and must notify applicants if their credit score led to a denial of housing.
For a thorough, compliant screening process, try TurboTenant’s Tenant Screening features.
Compliance with Fair Housing Laws in Oregon
Both federal and state fair housing laws apply in Oregon. These regulations allow renters to seek housing equally regardless of race, gender identity, or sexual orientation.
What actions are considered housing discrimination?
To give a few examples, landlords may commit housing discrimination by refusing to rent, charging more rent, or utilizing stricter screening processes for specific tenants. Discriminatory advertising language, such as a rental ad discouraging LGBTQ+ applicants, is also prohibited.
How can discrimination be avoided in rental practices?
To avoid violating fair housing laws, landlords should advertise to, screen, and rent to all tenants equally. They must also be willing to make reasonable accommodations to allow individuals with disabilities to rent the unit.
Landlords must train employees to avoid fair housing violations, as any discriminatory acts committed by employees are the landlord’s legal responsibility.
What are the repercussions for fair housing violations?
Violating fair housing laws carries both legal and financial consequences. Landlords may need to defend themselves in a civil suit and pay damages to the tenant (ORS 90.125), and additional federal fines can cost tens of thousands of dollars.
Landlords accused of fair housing violations should document all evidence to support their case and contact civil legal resources for further assistance.
Oregon Lease Agreements
| Property Address: | 1200 Broadway Ave. Unit #104 Portland, OR 97201 | |
| Lease Start Date | 3/01/24 | See section 1.5 |
| Lease End Date: | 2/28/25 | See section 1.5 |
| Total Monthly Rent: | $1,620.00 | See section 1.6 |
| Monthly Base Rent: | $1,500.00 | See section 1.6 |
| Monthly Pet Rent: | $120.00 | See section 1.6 |
| Prorated Rent Amount: | $1,000.00 | See section 1.10 |
| Total Deposit(s): | $1,500 | See section 1.8 |
| Security Deposit: | N/A | See section 1.8 |
| Pet Deposit: | N/A | See section 1.8 |
| Other Deposit: | N/A | See section 1.8 |
| Total Non Refundable Fee(s): | $100.00 | See section 1.9 |
| Move-in Fee: Description | $100.00 | See section 1.9 |
| Late Fee: | 5% if not paid by the 4th. | See section 2.1 |
Oregon law requires written rental contracts for fixed-term leases lasting longer than a month. While landlords may use oral rental contracts for month-to-month leases, which typically expire and renew at the end of each month, landlords and tenants benefit from a written lease agreement to clarify the rental terms (ORS 90.100).
Which lease terms are legally required in Oregon?
Under ORS 90.220, landlords may include information regarding rent payments, the duration of the rental agreement, and the tenancy terms in the lease. The lease must also include information regarding the property’s smoking policy.
What constitutes legal renting in Oregon?
Oregon landlord-tenant laws require property owners to keep the premises in habitable condition in adherence with all building and safety codes. This condition also covers plumbing, heating, electrical, and weatherproofing systems. (ORS 90.320)
Occupancy is mostly left to the landlord’s discretion, but a landlord may not limit occupancy to less than two people per bedroom. (ORS 90.262)
What tenant documentation is required?
Landlords typically ask tenants to provide their Social Security number, a valid ID, and proof of income or financial history. Both tenants and landlords should make and retain copies of all documents related to the tenancy to prevent future disputes.
What are the mandatory landlord disclosures in Oregon?
Oregon tenant rights require landlords to make several disclosures, including the presence of lead-based paint (Title X, Section 1018), the owner and/or property manager’s identity (ORS 90.305), and responsibilities regarding shared utility bills (ORS 90.315).
Notably, landlords must also disclose whether the property is located in a 100-year flood plain (ORS 90.228) and whether there is a pending suit on the property, such as a foreclosure..
Failure to make these disclosures may result in civil and financial penalties. For instance, landlords who do not disclose floodplain information may be liable for damages to tenants (ORS 90.228).
Security Deposits in Oregon
Oregon landlord-tenant law in 2024 allows landlords to charge a security deposit, which they can use to cover damages caused by unpaid rent or tenant actions. As such, security deposits are an essential way for landlords to protect themselves and their properties.
What are the guidelines for security deposit collection?
Oregon does not limit security deposit amounts; landlords may charge any amount deemed fit. Landlords must also provide tenants with a receipt, though landlords don’t need to inform tenants of its location (ORS 90.300).
While Oregon does not require a move-in/move-out checklist, landlords should still document the property’s condition at the beginning and end of the tenancy to prevent disputes.
When can deductions be made from security deposits?
Landlords may use funds from security deposits to cover unpaid rent or damage exceeding normal wear and tear. Oregon tenant rights also require landlords to prepare a written accounting of claims against the deposit (ORS 90.300).
How should security deposits be returned?
Landlords must return any unused security deposit funds and an itemized statement of all claims within 31 days of the tenancy’s termination (ORS 90.300). To avoid conflicts over security deposit use, landlords should communicate all charges to the tenant as they occur.
Maintenance Responsibilities of Landlords
Oregon landlords must provide safe, habitable dwelling units for all tenants. To do so, landlords must conduct necessary maintenance to keep the property in good condition.
What are the legal standards for property conditions?
Rental units must meet all health and safety regulations and have functioning plumbing, heating, electrical, and water supply systems. Landlords should also keep the building and grounds clean (ORS 90.320).
What is the proper protocol for repairs?
Tenants should first file a repair request with their landlord. However, if the landlord does not complete the request within a reasonable amount of time, the tenant may undertake the repair and deduct the cost from the next rent payment, provided that the cost does not exceed $300 (ORS 90.368). If the landlord does not complete essential repairs, tenants may seek damages or find alternative housing and withhold rent (ORS 90.365).
Do landlords need to give tenants advance notice before accessing a rental property?
Landlords must notify tenants 24 hours before accessing a rental property for non-emergency reasons (no notice is required in emergencies). Abuse of the right to entry could lead to harassment charges, in which case the tenant may sue for damages (ORS 90.322).
Late Rent Fee Regulations
Oregon tenant rights provide a 4-day grace period for tenants to pay rent. After this time has passed, landlords may charge reasonable late rent fees (ORS 90.260).
Rent Control in Oregon
Under Senate Bill 608, Oregon rent control prevents landlords from raising rent by more than 7% plus the yearly inflation rate, with a cap of 10%. Landlords may only increase rent once every 12 months and must notify tenants up to 90 days in advance, depending on the type of tenancy (ORS 90.600).
Lease Renewal and Termination
Landlords in Oregon may opt not to renew a lease for specific reasons, including repeated nonpayment of rent and three or more lease violations. However, Oregon tenant rights require landlords to give notice 90 days before the lease expires (Senate Bill 608). Tenants must provide 30 days’ notice of intent not to renew a lease (ORS 90.545).
If the landlord does not terminate the lease, the lease automatically becomes a month-to-month rental agreement. To establish another fixed-term lease, landlords must propose a new rental agreement at least 60 days before the initial lease ends (ORS 90.545).
In certain circumstances, a tenant may end a lease early, also known as breaking the lease.
Circumstances include starting active military duty (50 U.S.C. App. §§ 501-597b), if the tenant is a victim of domestic violence or stalking (ORS 90.453), or if the rental unit violates Oregon health or safety codes (ORS 90.365). However, a tenant may be held liable for unpaid rent outside of these situations.
Landlords may also terminate a lease early to sell, occupy, demolish, or repair the dwelling unit but must notify tenants at least 90 days in advance. (ORS 90.427).
Eviction Procedures for Oregon Landlords
Eviction laws in Oregon differ slightly from those in other states. Should eviction become necessary, landlords must thoroughly understand Oregon’s laws on tenant removal.
What justifications exist for eviction?
Landlords may evict tenants in Oregon for breaking the lease terms, failing to pay rent, or drug or alcohol violations (ORS 90.392, 90.394, 90.398). Property owners/managers should thoroughly document all behavior that led to the eviction to present as evidence in an eviction lawsuit.
What is the eviction process?
To remove a tenant from the property, landlords must take the following steps:
- Deliver notice to vacate between 24 hours (ORS 90.396) and 30 days in advance (ORS 90.392), depending on the reason for eviction
- File an eviction lawsuit in court
- Court serves tenant with a summons
- Tenant files an answer
- Landlord and tenant attend court hearing, receive judgment
- Tenant must move out within 4 days
- Sheriff arrives to remove tenant forcibly
How is property reclaimed after eviction?
After the sheriff removes the tenant, landlords may take steps to secure the premises. If a departing tenant leaves behind any personal belongings, landlords must notify the tenant and wait 5 to 8 days before disposing of them (ORS 90.425).
Local Ordinances for Landlords and Tenants
While Oregon landlord-tenant laws govern all rental relationships within the state, additional regulations may be in place in your city or county.
Landlords and tenants can find other local laws in Municode or American Legal Publishing.
Federal Landlord-Tenant Laws
In addition to local rulings, federal laws, such as the Americans with Disabilities Act and the Fair Credit Reporting Act, also apply to Oregon rentals.
For more information on nationwide landlord-tenant regulations, visit the Consumer Financial Protection Bureau, the Office of Housing and Urban Development, and other federal government websites.
Managing Tenant Legal Disputes as an Oregon Landlord
If a dispute arises, landlords should attempt to resolve the issue directly with the tenant. However, in cases needing further legal assistance, landlords can utilize the following resources:
- Legal Aid Services of Oregon: Legal aid program for low-income Oregonians
- Community Alliance of Oregon: Grassroots organization operating Oregon tenant rights hotline
- Oregon Law Center: Provides free legal help regarding housing, domestic violence, and medical care
Navigate Your Landlord-Tenant Relationship with TurboTenant
Need more information on Oregon landlord-tenant law and Oregon tenant rights? TurboTenant can help.
For assistance with Oregon rentals, check out these features:
- Thorough tenant screenings that comply with fair housing laws.
- Oregon-specific lease agreement templates that adhere to Oregon landlord-tenant law
- Software to streamline the rent collection process
- Rental applications to simplify the application process
Sign up for a free TurboTenant account today and maintain good standing with Oregon landlord-tenant laws.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Oregon Landlord-Tenant Law FAQs
What Are the Eviction Laws in Oregon?
There are different legal requirements for types of leases such as month-to-month versus one-year, so it’s important to educate yourself beforehand. If landlords want to evict a tenant for unpaid rent or lease violations, they must give you written notice, and have to wait until the amount of time stated in the notice has passed before they can go to the courts. Tenants are entitled to a notice and hearing and landlords cannot lock you out or shut off your utilities during these processes.
How Much Notice Do You Have to Give a Tenant to Move Out in Oregon?
The length of notice depends on the specific scenario. For example, renters must be given 30 days to move-out in month-to-month evictions. If a tenant has lived in the rental for more than a year, you must give 60 days notice. The tenants themselves may also terminate the tenancy with a 30-day written notice. A week-to-week rental period requires a 10-day notice. See our resources below for more details.
What Defines a Tenant in Oregon?
OregonLaws.org states, “ ‘Tenant’ means a person, including a roomer, entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public housing authority.”
Can a Landlord Enter Without Permission in Oregon?
Landlords must give 24 hour notice before entering the rental units. The exception is in the case of an emergency, such as a fire, landlords may enter without an advanced notice.
Is Oregon a Landlord-Friendly State?
Oregon can be considered a landlord-friendly state as it doesn’t require landlords to get a license before renting out their properties (with the exception of Portland). Furthermore, there is not a limit on how much a landlord can charge for a security deposit, and landlords can charge non-refundable application fees. For full details on landlord-tenant laws, please use the resources below.
What are landlords required to provide by law?
Landlords in Oregon must provide safe, habitable housing in accordance with all health and safety codes. Beyond these requirements, market standards may lead tenants to expect additional amenities.
What is the proper notice period for lease termination?
Notice periods for lease termination can be between 24 hours and 90 days, depending on the circumstances preceding the termination. The type of tenancy — month-to-month or fixed-term — may also impact the required notice period.
What maintenance rights do tenants have?
Tenants have the right to receive repairs from landlords within a reasonable amount of time. If the landlord fails to complete the repairs, tenants may file a complaint, complete the repair and deduct the cost from rent, or terminate the lease early.
How should utilities be handled in rental agreements?
Oregon landlord-tenant law requires landlords to include information regarding utility payments in the lease. Breaching these terms could lead to legal consequences.
What are the eviction rules for tenants without a lease?
Oregon tenant rights regarding eviction still apply to tenants with no lease. Landlords must notify tenants of eviction at least 24 hours in advance.
How are guests and tenants legally differentiated?
Guests may stay on a property for short periods, are not bound by the lease, and do not have to pay rent. On the other hand, tenants are permanent residents who must pay rent and abide by the lease.
Guests who stay for more than 7 consecutive nights may become tenants. To prevent this, landlords must include terms in the lease prohibiting guests from staying past a certain time period.