Rental Laws

Below is a summary of rental laws in Oregon. This commodity regarding Oregon Landlord-Tenant Laws is researched and cited according to the Official State Statute in Oregon, however, it is very of import that every landlord and property director review their country and local laws and speak with an attorney in their state for further guidance and clarification.

The Official State Statutes and other reputable municipal sources were used to research this data. Resources links to the Oregon Official State Statute on Landlord-Tenant Laws and the Oregon Country Bar on Landlord-Tenant Law have been included for your convenience.

Rental laws are amended and updated past state legislation, y'all are brash to speak with a local housing potency and licensed attorney that specializes in landlord-tenant laws in Oregon for a detailed estimation of the rental laws that affect yous. This article is an educational reference and does not constitute legal advice.

Official Land Resources for Landlord-Tenant Laws in Oregon

  • Official Oregon Revised State Statute –Or. Rev. Stat. § ninety Residential Landlord & Tenant
  • Oregon State Bar – Landlord Tenant Law

Laws Well-nigh Security Deposits

Max Security Eolith Amount: No state constabulary. Landlords may not impose or increase a eolith within the kickoff year of a tenancy unless both landlord and tenant agree to modify the rental agreement to allow for a pet or other cause. (Or. Rev. Stat. § xc.300(5a))

Boosted Motility-In Fees: Awarding fees and other fees, including non-refundable fees, are allowed in Oregon. Nonetheless, no portion of the security deposit can exist designated as non-refundable for any reason. (Or. Rev. Stat. § 90.140 and Or. Rev. Stat. § ninety.295)

Pet Deposits: Allowed, simply non for service animals. (Or. Rev. Stat. § 90.300(4)).

Security Deposit Refund Timeline: Landlords are required to return security deposits within 31 days after the termination of the tenancy and the delivery of the rental unit to the landlord. [Both of these conditions must be met 31 day countdown begins.] Landlords must provide and accounting to inform tenants of the reasoning behind any withheld security deposits. This, forth with the remaining portion of the eolith, must be personally delivered or mailed within 31 days. (Or. Rev. Stat. § xc.300(12))

Movement-In Inspection: No Statute

Move-Out Inspection: No Statute

Legal Employ of Security Deposit Funds: Landlords are able to withhold coin from the security deposit due to unpaid rent, or to repair damages to the premises caused past the tenant, excluding ordinary wear and tear. A landlord is not required to repair harm prior to withholding the cost of repair, but whatsoever labor costs the landlord assesses must be based on a reasonable hourly charge per unit. The landlord may charge a reasonable hourly rate for his or her own cleaning or repair work. Landlords may deduct for budgetary loss caused by an inability to hire the unit during repairs or cleaning as long every bit the repairs are performed in a timely way. (Or. Rev. Stat. § 90.300(7))

Failure to Comply with Security Deposit Laws: If a landlord fails to render all or part of the security deposit owed to a tenant, the landlord is required to pay double the amount wrongfully kept. Tenants have up to one year to settle the affair or file a lawsuit. (Or. Rev. Stat. § xc.300 (16))

Additional OR Security Deposit Laws: A landlord must provide a tenant with a receipt for whatsoever security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))

Laws About Rent

Increases: There is no limit to corporeality a landlord may increase hire. (Or. Rev. Stat. § 91.225)

Hire Increase Notice: A landlord must give a 90 day written notice earlier increasing the rent for month-to-month tenants. A landlord may not increase the rent within the first twelvemonth of a month-to-month tenancy. (House Bill 4143 – 2016 Amendment to Or. Rev. Stat. § 90.220)

Maximum Charge: Cities and counties not allowed to enact a limit on the amount of hire landlords can charge. (Or. Rev. Stat. § 91.225)

Prepaid Rent: Allowed. If "last month's hire" is prepaid, it must exist used for the last calendar month of the tenancy. (Or. Rev. Stat. § ninety.300(nine))

Grace Menstruum: Oregon allows a 4 twenty-four hours grace menstruation. A landlord may plant a longer grace flow in his rental understanding.(Or. Rev. Stat. § 90.260(1))

Late Fees: Landlords are allowed to charge a reasonable apartment fee beginning on the 5th day of a delinquent rent payment; OR a daily accuse can accumulate of no more 6% of the former apartment fee; OR a fee of 5% of the monthly rent amount may be charged every v days beginning on the fifth day. (Or. Rev. Stat. § 90.260(ii))

Bereft Funds: A landlord who receives a dishonored check may collect a fee non to exceed $35 plus the corporeality that a bank has charged the landlord for processing the bank check. (Or. Rev. Stat. § 90.302(2b))

Laws About the Charter

Lease Terms: If a rental agreement does not specify a week-to-week tenancy or a fixed term tenancy, the tenancy will automatically be a calendar month-to-month tenancy. (Or. Rev. Stat. § xc.220)

Lease Termination: A tenant must give a xxx day written notice to finish tenancy prior to vacating a calendar month-to-calendar month lease. (Or. Rev. Stat. § 90.427)

A landlord must provide written notice of intent to terminate a tenancy with the post-obit detect timelines based on Or. Rev. Stat. § 90.427:

  • Calendar week-to-week: 10 days earlier Termination
  • Month-to-month:
    • During the first yr:
      • At to the lowest degree thirty days written notice must exist given
    • After the first year:
      • At to the lowest degree 60 days written notice must be given
  • Fix-Term Lease:
    • To prevent a fix-term lease transitioning into a month-to-month lease, a landlord must give his tenant a xxx mean solar day discover to vacate prior to the end engagement of the fix-term lease.
    • If the fix-term lease transitions into a month-to-month lease, the landlord must give lx 24-hour interval written notice to stop tenancy.

Early Termination Fees: Landlords can charge up to 1.5 times the monthly rent to to whatever tenant who abandons the charter without cause. Renters are responsible for hire during remainder of lease should they chose to vacate. However, landlords are required to attempt to find an acceptable tenant [according to their normal tenant screening requirements] in guild to mitigate damages. (Or. Rev. Stat. § 90.302(2e))

Lease Termination by a Service Member: Members of the military or members in service of the state may requite 30 days observe to stop a charter (if providing proof that said tenant has been ordered to active service outside the area for a menstruum that volition exceed 90 days.) (Or. Rev. Stat. § ninety.475)

Renewals: A landlord is not required to renew a charter agreement and can result a no-cause eviction to end tenancy if proper notice is given. However, a landlord must not refuse to renew a lease to a tenant who has filed an official complaint to a government authority or has been involved in a tenant'due south system.(Or. Rev. Stat. § 90.385)

Evictions: Oregon landlords must provide their renters with Notice to Cure or Quit and follow appropriate timelines via official notice prior to moving forward with a lease termination and eviction for the following reasons (Or. Rev. Stat. § ninety.392):

  • Non-payment of rent
  • Violation of lease terms or the rental agreement
  • Not-payment of tardily fees or other fees

24-Hr Notice to Terminate Lease are immune nether the following circumstances (Or. Rev. Stat. § 90.396):

  • A tenant's pet causes seriously injures or poses a unsafe threat
  • A tenant or tenant's guest recklessly endangers or injures a person on the holding
  • A tenant, tenants' guest, or tenant'due south pet endangers or injures a neighbor
  • A tenant or tenant'south guest intentionally damages the property
  • The tenant intentionally provided substantial false information on the application for the tenancy within the by twelvemonth
  • A tenant or tenant's invitee commits whatever act that is outrageous in the extreme on the premise or vicinity of the belongings, including but non express to prostitution, manufacturing, delivery or possession of a controlled substance, burglary.

Re-create of the Lease: A landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions. (Or. Rev. Stat. § 90.220(3))

Occupancy Limits: Occupancy guidelines must be reasonable in relations to the size of the unit and can't discriminate. (Or. Rev. Stat. § 90.262(iii))

Tenant Duties: A tenant shall use all parts of the premise according to the purpose for which they were designed and intended; behave and require other persons on the premises with the consent of the tenant to carry in a style that will non disturb the peaceful enjoyment of the bounds by neighbors.(Or. Rev. Stat. § 90.325(1a))

Renters Insurance: A landlord may require a tenant to obtain and maintain renters liability insurance and to provide proof. (Or. Rev. Stat. § xc.222)

Laws Nigh Landlord Responsibilities

Notice for Entry: Except in the instance of an emergency, landlords must give 24 hours notice before entry. In the event of an emergency, landlords can enter without notice but must give find of their entry within 24 hours. Within this detect they must explicate the reason for entry, the date and time of the entry, the nature of the emergency, and the names of those who entered. (Or. Rev. Stat. § 90.322)

Implied Warranty of Habitability: A landlord shall at all times maintain the unit of measurement in a habitable condition.

Oregon recognizes the post-obit weather condition every bit uninhabitable if it severely lacks:

  • Effective waterproofing and weather condition protection
  • Working plumbing facilities
  • Hot and cold water
  • A h2o supply that provides safe drinking water; hot and cold water; is connected to a sewage disposal system
  • Adequate heating facilities
  • Working electrical lighting, wiring and equipment
  • Clean and sanitary conditions
  • Floors, walls, ceiling, stairways, and railing maintained in skillful repair
  • Safety from fire hazards
  • Working smoke and carbon monoxide alarms
  • Working locks

Oregon implied warranty of habitability is discussed in Or. Rev. Stat. § 90.320(1).

H2o Requirements: Water must exist: under the command of the tenant and capable of producing hot and common cold water, connected to sewage disposal system, and maintained so that it can provide safe drinking water. (Or. Rev. Stat. § ninety.320(1c))

Utility Billing By the Landlord: If a written rental agreement so provides, a landlord using the submeter billing method may require a tenant to pay to the landlord a utility or service charge. A tenant has the right to review the utility billing records. (Or. Rev. Stat. § 90.536 and 90.538)

Laws About Belongings Maintenance and Repairs

Maintenance Responsibilities: A landlord shall at all times during the tenancy maintain the domicile unit in a habitable status. (Or. Rev. Stat. § 90.320(one))

Tenant Maintenance Responsibilities: A tenant shall is expected to according to Or. Rev. Stat. § 90.325(1) :

  • Keep the rental holding clean, sanitary, and gratuitous from droppings, filth, rubbish, garbage, rodents and vermin.
  • Dispose of garbage in a make clean, safe, and legal manner.
  • Continue all plumbing equipment in the dwelling unit or used past the tenant equally clean as their status permits.
  • Test at least one time every vi months and supplant batteries as needed in whatsoever fume warning, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.
  • A tenant may not:
    • Remove or tamper with a smoke alert, smoke detector or carbon monoxide alarm equally described in ORS 105.842 or 479.300.
    • Deliberately or negligently destroy, deface, damage, impair or remove any function of the premises or knowingly permit any person to do so.

Rent Withholding: A tenant is allowed to withhold hire for Failure to provide Essential Services (Water, Heat, etc.). (Or. Rev. Stat. § 90.365)

Repair and Deduct: Tenants tin can repair a small habitability defect (of non more $300) if the tenant gives the landlord written notice describing the defect and stating the tenant's intention to deduct the cost of the repair from rent. (Or. Rev. Stat. § ninety.368)

Legal Disclosure Requirements

Ownership and Agents: The landlord shall disembalm to the tenant in writing the person authorized to manage the holding and the owner of the premises. (Or. Rev. Stat. § 90.305(one))

Flooding: If a domicile unit is located in a 100-year floodplain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the floodplain. (Or. Rev. Stat. § xc.228)

Murders/Decease: Oregon landlords are not legally obligated to inform tenants of past deaths and won't be subject to legal repercussions after hiding such property details. (Or. Rev. Stat. § 93.275)

Mold: In that location is currently no federal law covering a landlord's responsibilities when it comes to mold.

Lead Paint: Federal Law requires all landlords to include a "Lead Warning Statement" in their lease for buildings built earlier 1978 near atomic number 82-based paint and/or potential hazards. Additionally, landlords are required to provide renters with an EPA-approved information pamphlet about lead-based pigment and lead-based paint hazards.(Residential Lead-Based Paint Hazard Reduction Human activity, Title X)

Resource

Landlord Tenant Handbook (Portland State University Student Legal Services)

Or. Rev. Stat. § 91 – Tenancy

Or. Rev. Stat. § 93 – Conveyancing and Recording

EPA Approved Lead Disclosure Information on Atomic number 82-Based Pigment/Hazards – SAMPLE
Section 8 Housing Guide

Laws governing Oregon rental backdrop, landlords and tenants are primarily constitute in the Official Oregon Revised Statutes (Or. Rev. Stat..) Title 10 Chapter ninety – 93.

Access to the entire Oregon Revised Statutes and Laws is provided by the Oregon Country Legislature's website. Get to the Oregon Revised Statutes.

The Oregon Revised Statutes are the codified laws of the Country of Oregon.

The ORS is published every ii years. Each edition incorporates all laws, and changes to laws, enacted by the Legislative Associates through the odd-numbered yr regular session referenced in the volume titles for that edition.

The 2022 Edition does not include changes to the law enacted during the 2022 regular session of the 70-8th Legislative Associates. Changes to the law past the 2022 regular session volition be reflected in the 2022 Edition of Oregon Revised Statutes. Because the Acts of the 2022 regular session are non incorporated into the 2022 Edition, examine both the 2022 Edition and the 2022 Oregon Laws for the most upwards-to-date version of the constabulary. See the Instructions for Using 2022 Oregon Laws for details on how to determine the electric current state of the constabulary.

The 2022 Edition will be available online in early 2022.

This summary of landlord-tenant laws is provided to yous by Rentec Straight, LLC and is thought to be true and accurate at the time of publication. Information technology non intended to be used equally legal advice for your particular problem. Please note that changes may occur and this publication may not reflect the most recent updates to the police force.

Please consult an attorney familiar with landlord-tenant law in your state for any legal advice.