Rental Laws

Below is a summary of rental laws in Oregon. This article regarding Oregon Landlord-Tenant Laws is researched and cited co-ordinate to the Official Country Statute in Oregon, yet, information technology is very important that every landlord and holding manager review their land 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 information. Resource links to the Oregon Official State Statute on Landlord-Tenant Laws and the Oregon State Bar on Landlord-Tenant Law have been included for your convenience.

Rental laws are amended and updated past state legislation, you are advised to speak with a local housing authorisation and licensed attorney that specializes in landlord-tenant laws in Oregon for a detailed interpretation of the rental laws that affect you. This article is an educational reference and does not plant legal advice.

Official Land Resources for Landlord-Tenant Laws in Oregon

  • Official Oregon Revised State Statute –Or. Rev. Stat. § 90 Residential Landlord & Tenant
  • Oregon Country Bar – Landlord Tenant Law

Laws Well-nigh Security Deposits

Max Security Deposit Amount: No country law. Landlords may not impose or increase a eolith inside the kickoff year of a tenancy unless both landlord and tenant agree to modify the rental agreement to allow for a pet or other crusade. (Or. Rev. Stat. § 90.300(5a))

Additional Move-In Fees: Application fees and other fees, including non-refundable fees, are allowed in Oregon. However, no portion of the security deposit tin be designated every bit not-refundable for whatever reason. (Or. Rev. Stat. § ninety.140 and Or. Rev. Stat. § 90.295)

Pet Deposits: Allowed, but not for service animals. (Or. Rev. Stat. § ninety.300(4)).

Security Deposit Refund Timeline: Landlords are required to return security deposits inside 31 days afterward the termination of the tenancy and the delivery of the rental unit to the landlord. [Both of these conditions must be met 31 mean solar day inaugural begins.] Landlords must provide and accounting to inform tenants of the reasoning behind whatever withheld security deposits. This, along with the remaining portion of the deposit, must be personally delivered or mailed inside 31 days. (Or. Rev. Stat. § 90.300(12))

Move-In Inspection: No Statute

Movement-Out Inspection: No Statute

Legal Use of Security Deposit Funds: Landlords are able to withhold coin from the security eolith due to unpaid hire, or to repair damages to the premises caused past the tenant, excluding ordinary wear and tear. A landlord is not required to repair damage prior to withholding the toll of repair, but any labor costs the landlord assesses must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for his or her own cleaning or repair work. Landlords may deduct for monetary loss caused by an disability to rent the unit during repairs or cleaning as long as the repairs are performed in a timely manner. (Or. Rev. Stat. § xc.300(7))

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

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

Laws About Rent

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

Hire Increase Find: A landlord must give a ninety day written notice before increasing the hire for month-to-calendar month tenants. A landlord may not increase the rent within the first year of a month-to-calendar month tenancy. (House Bill 4143 – 2016 Amendment to Or. Rev. Stat. § xc.220)

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

Prepaid Hire: Allowed. If "concluding month's rent" is prepaid, it must be used for the last calendar month of the tenancy. (Or. Rev. Stat. § ninety.300(ix))

Grace Period: Oregon allows a 4 day grace period. A landlord may institute a longer grace menstruation in his rental agreement.(Or. Rev. Stat. § 90.260(ane))

Late Fees: Landlords are allowed to charge a reasonable flat fee showtime on the fifth day of a delinquent hire payment; OR a daily accuse can accrue of no more than 6% of the i-time flat fee; OR a fee of five% of the monthly hire amount may be charged every 5 days offset on the 5th day. (Or. Rev. Stat. § ninety.260(2))

Insufficient Funds: A landlord who receives a dishonored check may collect a fee not to exceed $35 plus the amount that a bank has charged the landlord for processing the check. (Or. Rev. Stat. § 90.302(2b))

Laws About the Lease

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

Lease Termination: A tenant must requite a 30 day written notice to end tenancy prior to vacating a month-to-month lease. (Or. Rev. Stat. § ninety.427)

A landlord must provide written discover of intent to terminate a tenancy with the post-obit discover timelines based on Or. Rev. Stat. § xc.427:

  • Calendar week-to-calendar week: x days before Termination
  • Month-to-month:
    • During the first yr:
      • At least xxx days written notice must be given
    • After the first year:
      • At to the lowest degree 60 days written observe must be given
  • Prepare-Term Lease:
    • To prevent a fix-term charter transitioning into a month-to-month lease, a landlord must give his tenant a 30 mean solar day observe to vacate prior to the end date of the gear up-term lease.
    • If the prepare-term charter transitions into a month-to-calendar month lease, the landlord must give threescore day written find to stop tenancy.

Early on Termination Fees: Landlords can charge upward to one.v times the monthly rent to to any tenant who abandons the lease without cause. Renters are responsible for hire during balance of lease should they chose to vacate. However, landlords are required to attempt to notice an acceptable tenant [according to their normal tenant screening requirements] in social club 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 notice to terminate a lease (if providing proof that said tenant has been ordered to agile service outside the surface area for a period that will exceed 90 days.) (Or. Rev. Stat. § 90.475)

Renewals: A landlord is not required to renew a lease agreement and can issue 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 regime authorization or has been involved in a tenant's organization.(Or. Rev. Stat. § 90.385)

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

  • Non-payment of hire
  • Violation of lease terms or the rental agreement
  • Non-payment of belatedly fees or other fees

24-60 minutes Find to Cease Charter are allowed nether the following circumstances (Or. Rev. Stat. § 90.396):

  • A tenant'southward pet causes seriously injures or poses a unsafe threat
  • A tenant or tenant'due south guest recklessly endangers or injures a person on the property
  • A tenant, tenants' guest, or tenant's pet endangers or injures a neighbor
  • A tenant or tenant'due south invitee intentionally damages the belongings
  • The tenant intentionally provided substantial false information on the application for the tenancy within the by year
  • A tenant or tenant'southward invitee commits whatsoever deed that is outrageous in the farthermost on the premise or vicinity of the property, including but not limited to prostitution, manufacturing, delivery or possession of a controlled substance, burglary.

Copy 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 tin't discriminate. (Or. Rev. Stat. § xc.262(3))

Tenant Duties: A tenant shall utilize 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 comport in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.(Or. Rev. Stat. § xc.325(1a))

Renters Insurance: A landlord may require a tenant to obtain and maintain renters liability insurance and to provide proof. (Or. Rev. Stat. § 90.222)

Laws About Landlord Responsibilities

Notice for Entry: Except in the case of an emergency, landlords must requite 24 hours notice before entry. In the consequence of an emergency, landlords tin can enter without detect but must give notice of their entry within 24 hours. Within this observe they must explain 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 in a habitable condition.

Oregon recognizes the following atmospheric condition every bit uninhabitable if it severely lacks:

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

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

H2o Requirements: Water must be: under the command of the tenant and capable of producing hot and cold water, connected to sewage disposal system, and maintained so that information technology tin provide safe drinking water. (Or. Rev. Stat. § 90.320(1c))

Utility Billing By the Landlord: If a written rental agreement so provides, a landlord using the submeter billing method may crave a tenant to pay to the landlord a utility or service charge. A tenant has the correct to review the utility billing records. (Or. Rev. Stat. § ninety.536 and 90.538)

Laws About Property Maintenance and Repairs

Maintenance Responsibilities: A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable status. (Or. Rev. Stat. § 90.320(1))

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

  • Keep the rental property make clean, germ-free, and free from debris, filth, rubbish, garbage, rodents and vermin.
  • Dispose of garbage in a clean, prophylactic, and legal manner.
  • Proceed all plumbing fixtures in the dwelling unit or used past the tenant as clean as their status permits.
  • Examination at to the lowest degree once every half-dozen months and supercede batteries every bit needed in whatever smoke alarm, smoke detector or carbon monoxide alarm provided past the landlord and notify the landlord in writing of whatever operating deficiencies.
  • A tenant may not:
    • Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alert as described in ORS 105.842 or 479.300.
    • Deliberately or negligently destroy, deface, damage, impair or remove whatsoever part of the premises or knowingly allow whatever person to do so.

Rent Withholding: A tenant is immune to withhold rent for Failure to provide Essential Services (Water, Oestrus, etc.). (Or. Rev. Stat. § xc.365)

Repair and Deduct: Tenants can repair a small habitability defect (of not more than $300) if the tenant gives the landlord written find describing the defect and stating the tenant's intention to deduct the cost of the repair from hire. (Or. Rev. Stat. § xc.368)

Legal Disclosure Requirements

Ownership and Agents: The landlord shall disclose to the tenant in writing the person authorized to manage the belongings and the possessor of the premises. (Or. Rev. Stat. § 90.305(1))

Flooding: If a domicile unit of measurement is located in a 100-twelvemonth floodplain, the landlord shall provide observe in the dwelling house unit rental agreement that the abode unit of measurement is located inside the floodplain. (Or. Rev. Stat. § 90.228)

Murders/Death: 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: There is currently no federal police force roofing 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 before 1978 about lead-based pigment and/or potential hazards. Additionally, landlords are required to provide renters with an EPA-canonical information pamphlet about lead-based pigment and lead-based paint hazards.(Residential Pb-Based Pigment Risk Reduction Act, Title 10)

Resources

Landlord Tenant Handbook (Portland State University Student Legal Services)

Or. Rev. Stat. § 91 – Tenancy

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

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

Laws governing Oregon rental properties, landlords and tenants are primarily found in the Official Oregon Revised Statutes (Or. Rev. Stat..) Championship x Chapter 90 – 93.

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

The Oregon Revised Statutes are the codification laws of the State of Oregon.

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

The 2022 Edition does not include changes to the constabulary enacted during the 2022 regular session of the Seventy-eighth Legislative Assembly. Changes to the constabulary by the 2022 regular session will exist reflected in the 2022 Edition of Oregon Revised Statutes. Because the Acts of the 2022 regular session are not incorporated into the 2022 Edition, examine both the 2022 Edition and the 2022 Oregon Laws for the most upward-to-date version of the law. Run across the Instructions for Using 2022 Oregon Laws for details on how to determine the electric current state of the law.

The 2022 Edition will be available online in early on 2022.

This summary of landlord-tenant laws is provided to you by Rentec Directly, LLC and is thought to be true and authentic at the fourth dimension of publication. It not intended to be used equally legal advice for your item problem. Delight annotation that changes may occur and this publication may not reflect the most recent updates to the police.

Delight consult an chaser familiar with landlord-tenant law in your state for any legal communication.