Lease agreements and their accompanying terms vary depending on the type of tenancy. For example, fixed-term Oregon lease agreements give landlords and tenants the stability of a set contract length, whereas month-to-month Oregon lease agreements offer more flexibility.
A month-to-month lease agreement in Oregon, also known as a “rental agreement,” renews with each rent payment. However, landlords or tenants can terminate it with proper notice. Because rental contracts are indefinite, month-to-month renters are called “tenants-at-will.”
In this article, we’ll discuss Oregon month-to-month lease agreements, the landlord-tenant laws that dictate them, and essential factors like required landlord disclosures, rent payment laws, property access regulations, and more.
Oregon Month-to-Month Lease Agreement
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Oregon Rental Contract Laws
For landlords in the Beaver State, understanding Oregon landlord-tenant laws is non-negotiable. These laws affect key aspects of rental properties, such as:
- Disclosures
- Notice to terminate
- Rent increases
- Eviction
- Security deposit laws
- Pet deposits and rent limitations
- Late fees
Required Landlord Disclosures (9)
- Lead-based paint: Federal law requires landlords to disclose known information on lead-based paint and its hazards before selling or leasing most housing built before 1978. Oregon legislation dictates all other landlord disclosures on this list.
- Landlord’s contact info: Oregon law requires landlords to give tenants their name and contact information, or that of an authorized representative, in writing at the start of the tenancy (ORS 90.305).
- Carbon monoxide alarm: Landlords must disclose the presence of carbon monoxide alarms and provide a working alarm in any rental unit with a carbon monoxide source. Examples of carbon monoxide sources include gas fireplaces or appliances. They must also inform tenants that they are responsible for maintaining the alarm (ORS 90.317).
- Shared utility costs: If tenants contribute to a shared utility bill that serves common areas, Oregon landlords must disclose how they calculate and allocate these costs (ORS 90.315).
- Flood plain: If a rental property is within a federally designated flood plain, Oregon law requires landlords to disclose this information to tenants in writing before they sign the lease (ORS 90.228).
- Pending legal action: Oregon legislation requires landlords to inform tenants of any pending legal action that may affect their tenancy, such as foreclosure proceedings (ORS 90.310).
- Recycling: Landlords must inform tenants about recycling programs and processes, including instructions on correctly sorting and disposing of recyclable materials (ORS 90.318).
- Smoke alarm: Every rental unit must have at least one working smoke alarm. Landlords must also inform tenants that the renter is responsible for maintaining them (ORS 479.270).
- Smoking: Landlords must provide tenants with a written disclosure of their smoking policy. This document should explain whether smoking is allowed or prohibited on the property and if any designated smoking areas exist (ORS 90.220).
Notice to Terminate Month-to-Month Rental Contract
Because Oregon month-to-month rental agreements don’t have a set end date, landlords and tenants must abide by state-specific rules when providing notice to terminate the contract.
Required notice for the landlord: In most cases, Oregon landlords must give tenants at least 30 days written notice to terminate a month-to-month tenancy (ORS 91.070).
If the tenant has lived in the unit for over a year, the landlord must give at least 60 days’ written notice (ORS 91.070).
Portland and Milwaukie have special rules requiring 90 days’ written notice for no-cause terminations, even within the first year of tenancy.
Legal note: If the landlord is terminating a tenancy for a specific reason allowed by law (e.g., non-payment of rent, lease violations), different notice periods may apply.
Required notice for the tenant: In Oregon, tenants terminating a month-to-month lease must give their landlord at least 30 days’ written notice (ORS 91.070).
Rent Increase Laws
Oregon’s statewide rent control laws limit annual rent increases. Landlords cannot raise rent by more than 7% plus the current consumer price index (CPI) (ORS 90.323). For further details, visit our Oregon Rent Control article.
Rent Payment Laws
Grace period: Oregon gives tenants a 4-day grace period to pay rent after its due date. Landlords cannot charge late fees until the 5th day (ORS 90.260).
Late rent fees: Oregon landlords can charge reasonable flat or daily late fees, which must align with market conditions. A daily late fee cannot exceed 6% of the reasonable late fee, and flat fees are capped at 5% of the total rent (ORS 90.260).
Tenant’s right to withhold rent: Tenants in Oregon can withhold rent if their unit violates health or safety standards, but only after providing written notice to the landlord to request repairs. If the landlord fails to take action within the specified timeframe in the notice, the tenant may then withhold rent until repairs are conducted (ORS 90.365).
Pet rent laws: Landlords cannot charge an extra monthly fee because a tenant has a pet (ORS 90.530).
Security Deposit Rules
Maximum security deposit: While there is no statewide cap on deposits, landlords in Portland should acquaint themselves with their city codes, which define a maximum security deposit amount (Portland City Code 30.01.087).
Receipt of deposit: Landlords in Oregon must provide tenants with a receipt for their security deposit, although the receipt doesn’t need to specify where the deposit is held (ORS 90.300).
Deduction tracking: Within 31 days of a tenant’s move-out, Oregon landlords must provide a written, itemized statement of any deductions taken from the security deposit. This statement must include receipts for any related repairs or expenses (ORS 90.300).
Returning a tenant’s security deposit: Oregon law requires landlords to return security deposits, minus any deductions, to tenants within 31 days of the end of their tenancy (ORS 90.300).
Pet deposit rules: Landlords can charge a reasonable, refundable deposit to cover potential damage beyond normal wear and tear caused by a pet. This deposit is subject to the same regulations as security deposits (ORS 90.300).
Property Access Regulations
Advance notice: Oregon landlords must provide tenants with at least 24 hours’ notice before entering a rental property (ORS 90.322).
Immediate access: Landlords can enter a rental property without a tenant’s consent during emergencies. However, they must provide written notice within 24 hours of this entry, detailing who entered, why, and when (ORS 90.322).
Landlord harassment: Oregon law defines landlord harassment as unlawful entry, unreasonable lawful entry, or repeated demands for entry. Tenants facing harassment can seek a court order to prevent further incidents, terminate the lease agreement altogether, or pursue damages in court (ORS 90.322).
Rental Agreement Violations
Missed rent payment: Oregon landlords can issue a notice giving the tenant time to pay or face eviction proceedings if a tenant fails to pay rent. Landlords can serve a 144-hour Notice to Pay or Quit on or after the 5th day after rent is due or a 72-hour Notice to Pay or Quit on or after the 8th day after rent is due (ORS 90.394).
Lease violation: If a tenant violates lease terms, an Oregon landlord can serve them with a notice to either correct the violation or vacate the premises. This notice gives the tenant time to fix the issue, but if they fail to do so, the landlord can pursue eviction (ORS 90.392).
Self-help evictions: In Oregon, landlords are prohibited from engaging in self-help evictions, including changing the locks, turning off utilities, or removing tenants’ belongings without permission (ORS 90.375).
Oregon Month-to-Month Lease Agreement FAQs
What is an Oregon month-to-month lease agreement?
An Oregon month-to-month lease agreement is a legally binding contract between landlord and tenant that defines the terms of renting a property without a fixed end date. These agreements renew automatically each month after a tenant pays rent or until the landlord or tenant provides a proper notice to terminate the contract.
What’s the difference between a fixed-term lease and a month-to-month rental contract?
A fixed-term lease has a set length and provides more stability due to its definitive rent and terms. In contrast, a month-to-month rental contract automatically renews each month, offering more flexibility but less predictability.
How do you end an Oregon month-to-month lease agreement?
Ending a month-to-month lease in Oregon requires proper written notice from the landlord or the tenant.
Generally, landlords must give tenants a 30-day notice to terminate, but this can increase to 60 days if the tenant has lived in the unit for over a year. Portland and Milwaukie landlords must give tenants a minimum of 90 days’ notice for no-fault evictions.
Tenants who wish to terminate a month-to-month lease must give landlords a minimum of 30 days’ notice.
Different termination terms may apply if tenants or landlords have breached the rental contract.
