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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
An outline of landlord and tenants rights and responsibilities in Oregon can be found here, Landlord-Tenant Rights. Gov (PDF). Below we break down some of the key rights and responsibilities of both landlords and tenants in Oregon.
Oregon tenants are legally entitled to:
If tenants wish to maintain a positive tenancy with their landlord, they must abide by the following state laws:
All landlords are entitled to:
Are landlords in Oregon required to give notice before entering the property?
In Oregon, landlords are required to give tenants a 24 hours notice before entering the rented property unless there is an emergency.
Are landlords in Oregon allowed to enter the property to conduct maintenance and repairs?
Landowners can enter the property with the tenant's permission to conduct necessary repairs and maintenance.
Landlords can charge late fees for rent in Oregon as long as the fee is stipulated in the rental agreement. The rental agreement must detail how the late fee will be calculated, when rent is due and when the late fee becomes due.
In Oregon there is a mandatory grace period of at least 4 days after the rent due date.
Late fees are expected to be reasonable and can be calculated one of three ways.
Source: Landlord-Tenant Rights | Oregon State Legislature
SECTION 2
Oregon has strict state-wide rent control laws which landlords need to become familiar with before enacting any kind of rent increase.
According to Oregon rent control laws, landlords can only raise rent annually, and the maximum permitted annual rent increase is 7% + the consumer price index (CPI) inflation rate.
Week-to-week tenancies are exempt from this cap.
According to Oregon rent increase laws, if a landlord wants to raise the rent by 10%, they must give the tenants written notice 90 days in advance. Landlords are required to offer 180 days' written notice for increases exceeding 10%.
If the unit is exempt from the rent control cap, the landlord must include a justification in the notice.
The Oregon rent increase cap of 7% plus CPI has the following exceptions:
Landlords that violate rent control laws in Oregon are liable for three months' rent plus actual damages.
Source: ORS 90.323 – Maximum rent increase | OregonLaws, FAQ on Oregon's Rent Control Laws | League of Oregon Cities
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SECTION 3
A formal rental agreement between a landlord (lessor) and a prospective tenant (lessee) is known as an Oregon lease agreement. It describes the rules governing occupancy rights and tenancy in the state of Oregon.
Lease agreements often serve to safeguard the rights of both the landlord and the tenant and to outline expectations for the duration of the tenancy.
Yes. Rental agreements in Oregon may be written or oral. However, it is always advisable to put leas eagreements into writing and to be signed by both parties to avoid potential legal disputes later.
Here are some of the key components that should be included in an Oregon lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Oregon Lease Agreement Templates | eForms
Source: Lease Agreement : Oregon Procurement Manual | Oregon.gov
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SECTION 4
If the lease specifies it, landlords in Oregon are permitted to charge whatever amount for a security deposit. However, landlords typically charge one to two months' worth of rent as security deposit. The security deposit amount must be detailed in the rental agreement.
Landlords in Oregon are not allowed to require additional deposits from tenants unless both parties agree to modify the lease to reflect this. The additional security deposit will be tied to any modifications made to the lease.
Oregon law permits a landlord to ask for a separate pet deposit. (ORS 90.300(5)(a))
However, landlords are prohibited from requesting a pet fee or increasing the security deposit if the renter brings in a service or emotional support animal. Nonetheless, the renter is liable for any damage the service animal or emotional support animal makes to the leased property. (ORS 90.300(4))
Oregon security deposit laws permit landlords to make deductions from a tenant's security deposit fees for the following reasons:
Oregon law does not have any specifications when it comes to keeping security deposits. Landlords can store deposits in any way they see fit. However, it’s required that security deposits be kept in a separate account and should not be mixed with personal funds.
Landlords must return a tenant’s security deposits, or whatever is left in case of deductions, within 31 days of their tenancy ending. (ORS 90.300(13))
In cases of deductions being made, the tenant is entitled to a written itemized statement detailing the damages deducted and providing a basis for the claim. (ORS 90.300(12))
The landlord must present these documents in person or mail them, first class, to the forwarding address the renter has supplied. (ORS 90.300(14))
Failure to return the tenant’s security deposit within the 31-day period can result in the landlord being liable to pay twice the amount. Additionally, it’s important to note that tenants can contest any deductions made from the security deposit. (ORS 90.300(16))
Landlords in Oregon are not required by law to hold security deposits in an interest-bearing account. As such, they are not required to give the tenant any interest they have accrued.
Source: ORS 90.300 – Security deposits | OregonLaws
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SECTION 5
According to Oregon landlord-tenant law, there are several guidelines eviction must follow for both landlords and tenants.
Evictions in Oregon start with the landlord giving the tenant a written Oregon notice to quit or vacate. If the tenant refuses to leave or contest the eviction, the landlord can file a case with a local court. Depending on the judgment received in court, the case could result in mediation or an eviction enforceable by the local sheriff's department.
Below are some of the valid reasons for eviction recognized under Oregon law.
According to Oregon law, rent is considered late on the fourth day past the due date. Following a late rent, landlords are required to provide the tenant with a formal written eviction notice before they can begin the eviction procedure.
The landlord cannot proceed with the eviction process if the rent is paid within the allotted notice time. However, if the tenant doesn't pay, the landlord has the right to sue for eviction.
In Oregon, common lease violations that result in eviction include bringing in uninvited guests, damaging the property, and having pets in pet-free apartments.
Additionally, a tenant may be in breach if their acts or inactions have a detrimental effect on the rental property's health and safety standards. For instance, allowing rodents into the rental property, causing damage to the power wires, or failing to dispose of the trash for extended periods of time.
Landlords in Oregon are required to give renters a 30-day Notice to Comply if they have broken a lease. Tenants may have 14 days to remedy the violation throughout this time frame. The filing procedure ends if a renter promptly fixes the infraction. If not, the renter has 16 days left out of the 30 days to leave the property.
The landlord may proceed with the lawsuit if the tenant stays at the rental property or if the infraction is not remedied.
The landlord must give a formal written 24-hour notice to quit in order to remove a tenant who is engaging in unlawful activities on the property.
Oregon acknowledges prostitution, participation in the production, sale, or use of a restricted substance, theft or burglary, and harassment of other tenants as illegal activities on rental property. It’s important to note that these infractions cannot be remedied.
If a renter in Oregon provides incorrect information during their rental application, landlords can have them evicted after discovery. Crucial information like the tenant's criminal record and contact details falls under this infraction. However, Oregon landlords are required to provide a 24-hour notice before filing for eviction.
In the event that a pet owned by a tenant hurts people or causes damage to the property, the renter is at risk of eviction. However, tenants have the right to receive a 10-day notice from the landlord to find new housing for their pets.
The landlord may proceed with lodging a complaint in the event that the tenants are unable to comply.
Sometimes, a landlord may not want to extend a tenant's lease after tenancy ends. In this event, the tenancy type would determine the notice periods for nonrenewal of the lease and the eviction notifications that apply in Oregon. Usually, the notice requirement is between 10 - 30 days notice to quit.
Landlords in Oregon are obligated to send an eviction notice to the tenant prior to filing an eviction lawsuit. The notice is expected to specify how many days the tenant has to correct any lease infractions.
Here is an overview of Oregon eviction notice requirements:
Notice To Terminate The Lease For Nonpayment Of Rent:
Note: This law was amended by section 19, chapter 3, Oregon Laws 2020 (third special session), become operative March 1, 2022.
The typical Oregon eviction process could take one to two months to complete. Here is a summary of the steps involved in evicting a renter in Oregon:
Additional Resource: The Eviction Process in Oregon: Rules for Landlords and Property Managers | Nolo
SECTION 6
Oregon's laws on rental application fees and tenant screening are designed to protect applicants from excessive charges and ensure transparency in the screening process.
Landlords can charge an application fee solely to cover the costs of obtaining information about an applicant. This includes checking references, obtaining a credit report, or a tenant screening report.
Landlords must provide the applicant with a receipt for the screening charge (ORS 90.295(1)(a)).
No Available Units: Landlords cannot charge a screening fee if they know there are no available units or units will not be available within a reasonable future time unless the applicant agrees otherwise in writing (ORS 90.295(4)).
The screening fee must be refunded within a reasonable time if the landlord fills the vacancy before screening the applicant or does not screen the applicant for any reason (ORS 90.295(5)).
If the landlord rejects a tenant’s application, they must provide tenants with a written explanation of the grounds for rejection.
To make the rental application process effective, here is a list of crucial requests to include in your Oregon rental applications:
Recovery of Charges: Applicants cannot recover the screening charge if they refuse the landlord's rental offer. However, if the landlord fails to comply with the screening charge requirements, the applicant can recover twice the screening charge amount plus $150 (ORS 90.295(6)(a)-(b)).
Source: ORS 90.295 – Applicant screening charges | OregonLaws
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SECTION 7
To ensure that landlords and tenants are protected from sudden unexcted lease terminations, Oregon has several laws that provide instructions on when tenants can break a lease, and notice requirements landlords and tenants must abide by.
The amount of notice required to end a lease in Oregon depends on the kind of lease in place.
Additional if the landlord is selling the property they may give notice to terminate the lease due to the sale of property. In this scenario, the landlord must give the tenant 30 days written notice if the tenant has a month-to-month lease or 60 days written notice if the tenant has lived in the unit for more than a year. (Or. Rev. Stat. § 90.427(5))). Plus, all of the following must be true:
The general rule that a tenant who violates a lease owes the rent for the duration of the lease has certain exceptions. Here are some of the scenarios where a tenant might be allowed legally break a lease without any consequences:
Source: Lease Breaking | Community Alliance of Tenants, Tenant's Right to Break a Rental Lease in Oregon | Nolo.
SECTION 8
Below is an overview of some Oregon HOA laws that often apply to homeowners associations:
In Oregon, homeowner's associations are governed under the Oregon Planned Communities Act, which is contained in Chapter 94, Section 500 of the Oregon Statutes. This law governs all buildings and remodeling projects in which homeowners share responsibility for the maintenance, operation, and insurance of any property located inside the community. (Oregon Planned Communities Act)
This statute governs condominium associations in the state of Oregon. It lays out the legal foundation for the creation of these associations as well as the governance, authority, voting rights, oversight, shared expenses, insurance, and interest allocation. (Oregon Condominium Act)
Nonprofit corporations are subject to regulations on their organizational form and operations under this act. Additionally, according to ORS 94.828 (1), HOAs must be incorporated as for-profit or nonprofit organizations.
As long as the condominium in question has four units or more, condominium associations that were established on or after September 27, 2007, must be represented by for-profit or non-profit corporations. (Oregon Nonprofit Corporation Act)
Debt collection in Oregon is regulated by the Oregon Unfair Debt Collection Practices Act (ODCPA). This legislation outlaws unfair, forceful, and dishonest collection tactics.
The ODCPA requires debt collectors to refrain from harassing or misleading their clients, respect their rights as consumers (in this case, overdue homeowners), and make certain disclosures. Penalties and legal action could be applied for infractions. (Oregon Unfair Debt Collection Practices Act)
The Oregon Unlawful Discrimination Act (OUDA) prohibits prejudice and discrimination against homeowners on the basis of certain protected characteristics, such as race, gender, national origin, handicap, and marital status, among others. It covers many different topics, such as housing, work, public spaces, and education.
In the event that a homeowners association discriminates against them, OUDA mandates equal opportunity and treatment for all individuals and permits homeowners to submit complaints with the Oregon Bureau of Labor and Industries. (Oregon Unlawful Discrimination Act)
SECTION 9
Many states across the U.S. have enacted laws known as "squatting rights," or adverse possession, which provides squatters the legal right to claim ownership of a property after squatting for a predetermined period of time — continuously for 10 years.
However, squatters are required to fulfill specific requirements and occupy the property without the owner's permission to make an adverse possession claim.
To gain Oregon squatters rights and file for adverse possession of a property, squatters are required to fill the following requirements:
Source: ORS 105.620 – Acquiring title by adverse possession
SECTION 10
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
