Oregon Landlord Tenant Laws

Contents

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.

Overview

DEPOSIT

  • There is no limit, however, the security deposit amount must be stipulated in the lease agreement and generally should not exceed 2 months rent.
  • Must be returned within 31 days of tenancy ending.
  • If deductions have been made the landlord must supply an itemized list of deductions.

RENT CONTROL

  • Oregon has strict state-wide rent control laws capping rent increases to 7% + the CPI once per year.
  • Landlords must give tenants 90 days notice before any rent increases under 10%, and 180 days for rent increases above 10%.

NOTICE OF ENTRY LAWS

  • Landlords are required to provide at least 24 hours notice before entering the property.
  • The above rule is waived in the case of emergencies.
  • Landlords must provide adequate before ending the lease as per statutory guidelines. See below.

RE-KEYING LAWS

  • No statute.

RENTAL AGREEMENT

  • Both oral and written rental agreements are accepted in Oregon.
  • It is always recommended to have your the rental agreement in writing to avoid potential legal disputes.

LATE FEES & GRACE PERIODS

  • Late fees must be 'reasonable' and can be calculated as either a one-time flat fee, a daily late fee equal to no more than 6% of the flat fee, or as 5% of the rent amount charged once every 5 days.
  • There is a mandatory 4 day grace period in Oregon.

SMOKING LAWS

  • Landlords may prohibit smoking at their properties, both inside and out in Oregon.

PET LAWS

  • Landlords may require a seperate pet deposit.

SECTION 1

Oregon Landlord-Tenant Rights and Responsibilities

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.

Tenant’s Rights and Responsibilities

Rights

Oregon tenants are legally entitled to:

  • Right to quiet enjoyment and a habitable home.
  • Legal contract grants tenants privacy and use of the property.
  • Right to repair and deduct costs for minor issues if landlord fails to act.
  • Right to terminate lease with notice if landlord does not comply with rental agreement.

Responsibilities

If tenants wish to maintain a positive tenancy with their landlord, they must abide by the following state laws:

  • Make timely rent payments.
  • Maintain the rental property in a way that conforms with neighborhood housing regulations.
  • If necessary, make property repairs.
  • Not annoy neighbors or other tenants.

Landlord’s Rights and Responsibilities

Rights

All landlords are entitled to:

  • Timely rent collection.
  • Asking for a security deposit from the tenant.
  • Withholding of a portion of the deposit to cover unanticipated damages to the property.
  • Initiate a formal eviction lawsuit if the tenant breaches the lease in any manner.

Responsibilities

  • Maintain habitable conditions: working plumbing, heating, electricity, clean facilities, waterproofing, smoke and carbon monoxide detectors, and locks.
  • Disclose flood plain location and smoking policies.
  • Refund security deposits within 31 days of lease termination, less deductions for damages (not normal wear and tear).
  • Allow tenant repair deductions up to $300 if landlord fails to make necessary repairs within seven days of notice.

Required Notices Before Entry

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.

Late Rent Fees and Grace Periods In Oregon

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 wil 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.

  1. a one-time flat fee that is “reasonable” for the area’s rental market;
  2. a daily late fee that is no more than 6% of a one-time flat fee, or
  3. a late fee that is equivalent to 5% of the monthly rent that is charged once every five days until the rent is paid. (Or. Rev. Stat. § 90.260(1) and (2)).

Source: Landlord-Tenant Rights | Oregon State Legislature

SECTION 2

Oregon Rent Increase Laws

Oregon has strict state-wide rent control laws which landlords need to become familiar with before enacting any kind of rent increase.

Rent Increase Limits In Oregon

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.

Notice Required to Raise Rent in Oregon

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.

Exceptions to Oregon Rent Increase Cap

The Oregon rent increase cap of 7% plus CPI has the following exceptions:

  • New construction: Rent control does not apply to rental units constructed within the last 15 years. This encourages the construction of new homes.
  • Large-scale renovations: If a landlord makes significant modifications or renovations, such as remodeling the kitchen or installing new equipment, they can raise rents above the cap. This incentivizes the renovation of older homes.
  • Cities with rent controls: Additional municipal rent control legislation exists in some areas, such as Portland, which may further restrict increases in rent. The state cap is superseded by these local laws.

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

Oregon Rental AgreementLaws

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.

Are Oral Agreements Legally Binding In Oregon?

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.

What Should Be Included in an Oregon Lease Agreement?

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.

  • Details of both parties involved.
  • Description of the property and relevant disclosures
  • The lease terms and conditions
  • Details concerning rent and security deposit(s)
  • Both parties’ responsibilities concerning maintenance and repairs
  • Details about available utilities and services, with both parties’ responsibilities concerning maintenance.
  • Conditions surrounding early termination and lease renewal
  • Additional clauses regarding rent increase, subletting, property use, renovation and alterations.

Free Resources: Oregon Lease Agreement Templates | eForms

Source: Lease Agreement : Oregon Procurement Manual | Oregon.gov

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SECTION 4

Oregon Security Deposit Laws

Maximum Security Deposit Limits In Oregon

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.

Are Pet Deposits Allowed In Oregon

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))

Allowable Deductions

Oregon security deposit laws permit landlords to make deductions from a tenant's security deposit fees for the following reasons:

How Must andlords Hold Security Deposits In Oregon

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.

How Long Do Landlords Have To Return A Security Deposit In Oregon?

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))

Do Landords Have To Pay Interest On Security Deposits In Oregon?

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

Oregon Eviction Process and Law

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.

Grounds for Eviction in Oregon

Below are some of the valid reasons for eviction recognized under Oregon law.

Nonpayment of Rent

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.

Violation of the Lease

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.

Conducting Illegal Activity

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.

Providing False Information

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.

Damages from Owning a Pet

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.

Non-Renewal of the Lease after the Rental Period Ends

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.  

Oregon Eviction Notice

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:  

  • Week-to-Week Tenancies - Notice Period:
  • The landlord must deliver at least 72 hours' written notice of nonpayment and the intention to terminate the rental agreement if the rent is not paid within that period (ORS 90.394(1)).
  • This notice can be given no sooner than on the fifth day of the rental period, including the first day the rent is due.
  • Other Tenancies (Month-to-Month, Fixed-Term, etc.) - Notice Period Options:
  • 10-Day Notice: The landlord can deliver at least 10 days' written notice of nonpayment and the intention to terminate the rental agreement if the rent is not paid within that period. This notice can be given no sooner than on the eighth day of the rental period, including the first day the rent is due (ORS 90.394(2)(a)).
  • 13-Day Notice: Alternatively, the landlord can deliver at least 13 days' written notice of nonpayment and the intention to terminate the rental agreement if the rent is not paid within that period. This notice can be given no sooner than on the fifth day of the rental period, including the first day the rent is due (ORS 90.394(2)(b)).

Note: This law was amended by section 19, chapter 3, Oregon Laws 2020 (third special session), become operative March 1, 2022.

  • Notice To Terminate The Lease For Lease Violations: 30 days to vacate; 14 days to cure. If a tenant breaches any other provision of the lease, the landlord is required to provide this notice, which details the breach and informs the tenant that if the issue is not resolved within 14 days, the lease will end in 30 days (ORS § 90.392).
  • Unconditional Notice to Quit: 24 hours to quit. According to ORS § 90.396(1), this notice is applicable if the tenant, or the tenant's guest or pet, engages in any of the following activities on the leased premises and offers no chance to "cure" the infraction: some text
    • Makes threats to harm a person who is present on the property.
    • Recklessly puts another person on the property in danger by raising the possibility of a major personal injury.
    • Causing any significant personal injury to a neighbor who lives close to the property.
    • Intentionally damaging the property more than once.
    • Purposefully giving false information about a criminal conviction that they would have needed to disclose on their rental application within the last year in order for the landlord to accept it (the landlord must also end the lease within 30 days of learning of the false information).
    • Does something that is deemed "outrageous in the extreme" on the property or close by. This comprises: commercial sexual solicitation, prostitution, or prostitution promotion.
    • Manufacturing a cannabis extract without a license; delivering or possessing a controlled substance in violation of the law
    • Theft
  • Pet Violations: 24 hours to cure to quit. Should the tenant later bring the pet back to the premises, the landlord has the right to end the lease and reclaim possession following a further twenty-four hours of notice to vacate (ORS § 90.396(2)).
  • Drug-/Alcohol-Free Housing Violations: 48 hours to quit; 24 hours to cure (if the tenants has been living there for less than two years). The landlord may terminate the lease with a 24-hour written notice and no opportunity for cure if the same act occurs again within six months (ORS § 90.398).

Oregon Eviction Process

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:

  • A 24- to 30-day eviction notice is served by the landlord. The process ends if the tenant remedies the infraction or leaves the property.
  • If not, the landlord can proceed to file a court case for eviction.
  • Tenant receives a summons from the court.
  • Tenant submits a response.
  • Both tenant and landlord attend court proceedings and are given a ruling.
  • If the judgment is in favor of the landlord, tenants have 48 hours to vacate the property.
  • If the tenant remains on the property after this period, landlords can request the help of a local sheriff to evict the renter by force.  

Additional Resource: The Eviction Process in Oregon: Rules for Landlords and Property Managers | Nolo

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SECTION 6

Oregon Rental Application And Tenant Screening Laws

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)).

Rental Application Fee Limits in Oregon

  • Tenant Screening Fee Limit: Rental application fees in Oregon must not exceed the landlord’s average actual cost of screening or the customary amount charged by screening companies or credit reporting agencies for comparable services. Actual costs may include the fees for using these companies and the reasonable value of the landlord's or their agent’s time spent obtaining applicant information (ORS 90.295(2)).
  • Single Charge Limit: Landlords can only charge an applicant a screening fee once within any 60-day period, regardless of the number of units the applicant applies for with that landlord (ORS 90.295(1)(b)).

Preconditions for Charging a Tenant Screening Fee In Oregon

  • Written Criteria: Before accepting a screening fee, the landlord must have written screening or admission criteria (ORS 90.295(3)(a)).
  • Notice to Applicant: The landlord must provide the applicant with written notice including the amount of the screening charge, screening criteria, screening process details, applicant’s rights to dispute information, appeal rights, nondiscrimination policy, rent and deposit amounts, and any renter’s insurance requirements (ORS 90.295(3)(b)).
  • Availability Estimate: The landlord must give an estimate of the number of rental units available or soon to be available, and the number of applications currently under consideration. Errors in this estimate made in good faith do not provide grounds for a claim (ORS 90.295(3)(c)).

When Is A Rental Application Fee Prohibited In Oregon?

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)).

Are Rental Application Fees Refundable in Oregon?

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)).

How To Legallay Reject A rental Application In Oregon?

If the landlord rejects a tenant’s application, they must provide tenants with a written explanation of the grounds for rejection.

What to Include in a Rental Application in Oregon

To make the rental application process effective, here is a list of crucial requests to include in your Oregon rental applications:

  • Personal information
  • Details about employment, such as the name of a current employer
  • Income details
  • Personal references
  • Credit history
  • Rental history
  • Space for signature granting written consent for a credit check

Penalties for Non-Compliance With Oregon Rental Application and Screening Laws

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

Oregon Laws Around Ending a Lease for Landlords and Tenants

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.  

Notice Requirements to End a Rental Lease in Oregon

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 dwelling unit is purchased separately from any other dwelling unit;
  • The landlord has accepted a purchase offer from someone who intends to live in the unit as the person’s primary residence, and
  • The landlord has provided notice, along with written evidence of the purchase offer, to the tenant not more than 120 days after accepting the offer to purchase.

Legally Valid Reasons For A Tenant To Break A Lease In Oregon

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

Oregon HOA Laws

Below is an overview of some Oregon HOA laws that often apply to homeowners associations:

Oregon Planned Communities Act

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)

Oregon Condominium 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)

Oregon Nonprofit Corporation 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)

Oregon Unfair Debt Collection Practices 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)

Oregon Unlawful Discrimination 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

Oregon Squatters Rights Laws

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.

Requirements 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:

  • Hostile possession: They must genuinely think they are allowed to be in the apartment and stay there without the owner's consent.
  • Actual possession: The real estate must be completely under the squatter's control.
  • Open & Notorious possession: It is not acceptable for squatters to conceal the fact that they live and occupy the property.
  • Exclusive possession: They are not allowed to share the property with others and must occupy it alone (this condition differs significantly in Oregon).
  • Continuous possession: For adverse occupancy, squatters had to have been on the land for at least ten years; for co-tenancy, they had to be there for twenty years.

Source: ORS 105.620 – Acquiring title by adverse possession

SECTION 10

Oregon Landlord Tenant Legal Resources

Documents and Forms

Legal Resources

Oregon Housing Authorities

Helpful Links

Oregon Realtor and Landlord Associations

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.