fbpx

Oregon Landlord-Tenant Laws

Oregon Landlord Tenant LawsThis article is intended to be an online resource for Oregon landlords.  We summarize key Oregon Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Oregon Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Oregon.

 

Quick Facts for Real Estate Investors Considering Oregon

Oregon landlord-tenant laws are considered Tenant-friendly.

There are 4.2 million residents in Oregon.  Major metropolitan markets in Oregon are:

  1. Portland – Hillsboro: Estimated population of 2,492,412, which 37% of residents are renter occupied.  Average rent is $1,238.
  2. Salem: Estimated population of 433,903, which 38% of residents are renter occupied.  Average rent is $967.
  3. Eugene: Estimated population of 382,067, which 41% of residents are renter occupied.  Average rent is $943.
  4. Medford: Estimated population of 220,994, which 37% of residents are renter occupied.  Average rent is $958.

 

Jump to Different Oregon Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN OREGON

 

Does Oregon require security deposits? 

Oregon does not require security deposits.

 

Is a security deposit receipt required in Oregon? 

Oregon does not require landlords to provide a receipt of security deposit.  Although it is good practice to provide a receipt.

 

How much security deposit can a landlord charge in Oregon? 

In Oregon, a landlord can charge any amount but landlords can also increase the security deposit after the first year as long as the tenant is given at least 3 months notice for security deposit.

 

Storage Requirements for Security Deposits in Oregon: 

No Statute.

 

 

Can security deposits be commingled with other assets in Oregon? 

No Statute.

 

Do landlords have to pay interest on security deposits in Oregon? 

Landlords are not required but most of the large cities have their own policies to pay interest on security deposits. 

 

When must a landlord return the deposit by in Oregon? 

In Oregon, landlords have 31 days to return the security deposit.  According to (Or. Rev. Stat. § 90.300 (13))

 

When can a landlord in Oregon withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit if:

  • Damage in excess of normal wear and tear
  • Unpaid rent

Landlords must include a ‘carpet cleaning’ clause in the lease if they intend to deduct from the security deposit.  (Or. Rev. Stat. § 90.300 (7a)(A)).

 

 

Nonrefundable fees: 

Landlords are allowed to charge applicants for screening reports and nonrefundable fees.  Landlords must provide applicants with a receipt and cannot be more than the actual cost.

 

Pet Deposits and Additional Fees:

Oregon has no pet deposit.statutes.

 

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages.  (Or. Rev. Stat. § 90.300 (14))

 

What happens to Oregon landlords that fail to comply returning the security deposit?

When landlords in Oregon fail to comply with state law (Or. Rev. Stat. § 90.300 (13), they can be penalized two times the amount wrongfully withheld.  According to the penalty statue listed at (Or. Rev. Stat. § 90.300 (16)).

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN OREGON

 

Rental agreements required in Oregon:

No statutes regarding the required duration for leases.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Oregon rental lease agreement.

 

What are the required lease provisions in Oregon?

Oregon requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:
•  Copy of any written rental agreements
•  Smoking Policy
•  Provision for informal dispute resolution

It is also strongly recommended to include these provisions:
•  Landlord’s responsibilities
•  Tenant’s responsibilities
•  Pet policies
•  Cleaning Fees
•  Other fees

Landlords cannot include (Or. Rev. Stat. § 90.245):

•  Tenant’s waiving their Landlord-Tenant Act rights or remedies
•  Tenant to pay liquidated damages
•  Tenant must confess judgment on a claim arising from the rental agreement
•  Tenant limits any of the landlords liabilities

 

 

 

What are the rental agreement notice requirements in Oregon: 

Fixed-End or Year-to-Year: At least 60 days in writing for yearly leases but fixed-end date leases simply expire. (Or. Rev. Stat. § 91.060)

Month-to-Month: At least 30 days if tenants have occupied for less than 1 year; 60 days if tenants have occupied longer than 1 year or more from lease expiration. (Or. Rev. Stat. § 91.080)

Week-to-Week: No statute for week-to-week lease, however if tenants are on a weekly lease and occupied for more than 1 year the landlord must provide a 10-day notice or more from lease expiration. (Or. Rev. Stat. § 90.427)

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

 

 

Does the lease automatically renew in Oregon? 

Leases terminate upon expiration, unless stated in the lease.

 

Rent Increase Notice:

30 days for month-to-month and 7 days for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))

 

Rent Grace Period for Residential:

Tenants have 4 days before rent is considered late and fees may be charged. (Or. Rev. Stat. § 90.260(1))

 

Rent Grace Period for Manufactured Homes:

Tenants have 4 days before rent is considered late and fees may be charged. (Or. Rev. Stat. § 90.260(1))

 

 

Prepaid Rent:

Landlords are allowed to collect prepaid rent, typically used for last month’s rent.  If collected for ‘last month’s rent’, landlords are required to utilize it for the last month.  (Or. Rev. Stat. § 90.300(9)).  (Or. Rev. Stat. § 90.300)

 

 

 

 

 

 

LATE FEES AND LIMITS IN OREGON

Late Fees for Residential:

Landlords are allowed to charge late fees after the grace period.

 

Late Fees for Manufactured Homes:

Landlords are allowed to charge late fees after the grace period.

 

 

 

Limits to late fees in Oregon:

Landlords are limited to one of the following type of late fees:

  • One-time flat fee which must be “reasonable” amount for the area’s rental market
  • Daily late fee that cannot exceed 6% of a ‘one-time flat fee’
  • Weekly late fee of 5% of monthly rent that is charged every 5 days  (Or. Rev. Stat. § 90.260(1) and (2))

 

 

 

OREGON LEASE TERMINATIONS / NOTICES TO QUIT

 

In Oregon, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Oregon?

Oregon requires for a ’72 hours notice‘, the landlord must wait until the eighth day, or for a ‘144 hours notice’, the landlord must wait until the fifth day of the rental period to remedy or quit.  (Or. Rev. Stat. § 90.394(2)(a) & (b))

 

How many days must a landlord allow before terminating for a Lease Violation?

If the tenant breaches the Lease Agreement besides unpaid rent, Oregon requires landlords to provide 30 days to remedy or quit.  If the tenant breaches the rental agreement then only 10 days if tenant previously violated lease in the last six months are required.  (Or. Rev. Stat. § 90.392)

 

 

Oregon allows immediate lease termination if the tenant is responsible for:

  • Drug activity on a 2nd offense within six months
  • Engages or promotes prostitution
  • Guilty of manufacturing, dealing or in possession of drugs
  • Tenant’s pet poses a dangerous threat to other tenants and non-tenants

More information at  (Or. Rev. Stat. § 90.396)

.

 

 

 

How many days when terminating for illegal drug-related activities?

Tenants using, possessing or selling illegal drugs on premises can have their lease terminated with 48 hours for the first violation and 24 hours for second violation within six months.  The second violation results in a termination with no curable solution for the tenant notice.  (Or. Rev. Stat. § 90.398)

 

 

 

 

OREGON LAWS ON REPAIRS

 

Oregon tenants are legally allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

Tenants must provide reasonable amount of time and after sending a 7-day notice for the tenant’s intent to hire someone to address the repairs.  If the landlord fails to address the problem, the tenant may fix the problem if it is less than $300.  (Or. Rev. Stat. § 90.368)

 

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Yes, with a written statement to the landlord who made the repairs and providing the actual costs of the repair.  (Or. Rev. Stat. § 90.368(4)(b))

 

 

If the landlord fails to take necessary action, then the tenants can legally:

Tenants can hire a contractor and deduct actual cost of repairs from rent.

 

 

 

OREGON LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Oregon defines certain responsibilities for landlords, including:

  • Must comply with all applicable building codes affecting health and safety
  • Must keep all common areas in a clean and safe condition
  • Must maintain facilities and appliances in good and working order, including:
  • Effective waterproofing and weather protection
  • Adequate water supply
  • Adequate plumbing facilities
  • Adequate HVAC facilities
  • Safe working electricity
  • All buildings and grounds kept in ‘safe’ conditions
  • Safety from fire hazards with smoke alarms and smoke detectors
  • Carbon monoxide detectorsAccording to (Or. Rev. Stat. § 90.320)

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

OREGON TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Tenants must test and/or replace batteries for smoke alarms, detectors and carbon monoxide alarm every six months.  Cannot partake in drug-related activities or disturb the peaceful enjoyment of the neighbors.  (Or. Rev. Stat. § 90.325)

 

 

 

 

 

OREGON EVICTION LAWS

 

Oregon requires a landlord to file a eviction lawsuit action to evict a tenant.  https://www.osbar.org/public/legalinfo/1254_ResidentialEvictions.htm

Landlords may evict tenants for the following:

Termination for Cause (30-day notice)

  • Unpaid rent
  • Unpaid late fees
  • Breach of lease agreement
  • Material violation of tenant’s duties

Termination for Nonpayment of Rent (72 hour or 144 hour notice)

  • Unpaid rent

 

Termination of Rental within 24 hours

  • Tenant, guest or pet poses dangerous threat to another person or property.  Tenant can cure by removing the pet.
  • Involved in prostitution solicitation or promoting
  • Manufacturing, deliver or possessing controlled substance on property
  • Committed burglary on the premises

 

Termination of Rental for Drug or Alcohol

  • Illegal possession of alcohol or drugs

 

 

Can landlords do a ‘self help’ eviction?

In Oregon, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.  (Or. Rev. Stat. § 90.375)

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.  (Or. Rev. Stat. § 90.375)

Tenants may not be evicted for non-payment of rent if:

Tenant pays rent during the grace period and before the expiration date on a Quit-or-Pay Notice.

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

Landlords are required to minimize the damages a tenant pays when the lease has been terminated from expiration, notice or eviction.  (Or. Rev. Stat. § 90.410)

 

 

 

OREGON LAWS ON RETALIATION

 

Oregon laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant submitted a complaint to government agency for building or health code violation
  • Tenant has sent written complaints to the landlords about repairs
  • Tenant joined fellow tenants to negotiate or deal collectively on terms and conditions of the lease agreement with the landlord
  • Attempts to and/or establishes, or participates in a tenant organization
  • Tenant has testified against the landlordIf a landlord responds negatively within six months, it is assumed to be retaliation. (Or. Rev. Stat. § 90.385)

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

A landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

 

Verify Claim:

A landlord is allowed to verify claim of Domestic Violence. (Or. Rev. Stat. § 90.375)

 

 

Can a tenant terminate the least if they are a victim of domestic violence: 

Oregon state law says a tenant with proof of Domestic Violence status is allowed with 14 days notice and proof of victim status.

 

 

Who is responsible for Recovery of Losses: 

Landlords can hold the offender, if they are on the lease in a Domestic Violence situation liable for all losses incurred due to the early termination of a lease.  (Or. Rev. Stat. § 90.459(3)(c))

 

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must the locks.  Cost of the lock is at the tenant’s expense.  Tenants can change locks but must provide the landlord with a set of keys.  (Or. Rev. Stat. § 90.459)

 

 

 

OREGON LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

No Statute.  Before new tenants moves in, landlords are not required to change the locks.  It is always recommended to do so.

 

 

Are landlords required to install any specific security device:

No Statute.

 

 

Do landlords have to change locks for domestic violence victims:

If requested by a victim of Domestic Violence, a landlord must the locks.  Cost of the lock is at the tenant’s expense.  Tenants can change locks but must provide the landlord with a set of keys.  (Or. Rev. Stat. § 90.459)

 

 

 

 

 

OREGON PET LAWS & PET POLICIES

Oregon Landlord-Tenant Laws does have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

Any limitations on pets that landlords can impose?

No Statute.

 

 

What are the max pet deposits in Oregon:

Landlords are required to provide written description and itemized list of damages and charges.

 

 

 

 

DO LANDLORDS IN OREGON NEED A RENTAL LICENSE?

 

According to Oregon Landlord-Tenant Laws, landlords do not need a rental license in Oregon.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN OREGON

Do landlords in Oregon have to provide notice of entry? 

Oregon does not require landlords to provide any notice.  However, it is recommended that landlords provide 24 hours’ notice for normal circumstances entry.    This includes:

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

According to (Or. Rev. Stat. § 90.322(b)), landlords may enter:

  • Emergencies but must send tenant a notice within 24 hours after entry
  • If premises appear to be empty and abandoned

 

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes.  (Or. Rev. Stat. § 90.322)

 

 

Can landlords enter for showings?

Yes.  (Or. Rev. Stat. § 90.322)

 

 

 

 

Can landlords enter for emergencies without notice?

Yes.  (Or. Rev. Stat. § 90.322)

 

 

Can landlords enter during Tenant’s extended absence?

Yes.  (Or. Rev. Stat. § 90.322(5)(c))

 

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

OREGON SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

Yes

 

 

Do you need the landlord consent?

If the lease includes a clause stating the landlord allows or requires consent.

 

 

Can the LL / lease prohibit subletting?

Yes

 

 

 

 

TENANT ABANDONED PROPERTY IN OREGON

 

Oregon Landlord-Tenant Laws does specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.

 

How long must landlords hold Tenant’s personal property?

Landlords must hold onto the tenants personal belongings 15 days after sending the abandonment notice.

 

How long notice must landlords give if law enforcement has legally locked them out?

No statute.

 

Can the landlords sell property to pay for outstanding debts?

Yes, however fees cannot exceed one and one-half times the monthly rent.

 

What happens to excess proceeds?

Landlords must forward the remaining balance to the tenant’s last known address, with an itemized list.  Or, may submit the remaining amount to country treasurer.  (Or. Rev. Stat. § 90.425(13)(e))

 

How long must landlords keep records of the sale for?

No Statute.

 

Landlord must store the tenant’s abandoned property where:

Tenant’s possessions must be kept in a place of ‘safekeeping’.  (Or. Rev. Stat. § 90.425(5)(C))

 

 

 

Are the landlords liable for damage?

No Statute.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR OREGON LEASES

 

Oregon Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Copy of Lease:  Must provide within 15 days of tenant executing the lease agreement.  (Oregon Civ. Code §§ 1962(4))

100-Year Floodplain:  If a rental unit is located in a 100-year flood plain, landlords are required to provide notice.  Failure to do so and the tenant suffers from uninsured losses, the landlord can be held liable for the actual damages or two month’s rent.  (Or. Rev. Stat. §§ 90.2280)

 

HELPFUL RESOURCES

Or. Rev. Stat. § 90 – Residential Landlord and Tenant

Or. Rev. Stat. § 91 – Tenancy

Or. Rev. Statutes Vol. 03 § 90 to 130 – Landlord-Tenant, Domestic Relations, Probate (expand Volume 3)

 

Oregon State Bar – Landlord Tenant Law

Oregon Department of Consumer and Business Services

U.S. Department of Housing and Urban Development – Oregon

Oregon Consumer Guide to Homeowner and Tenant Insurance (pdf)

 

Portland Charter, Code, and Policies: 30.01.085 Portland Renter Additional Protections

 

OREGON RELATED COURT INFO & LINKS

Oregon Small Claims Court Limits:

$10,000 is the limit for small claims court.  Some counties have lower limits, such as: Clatsop, Harney, Malheur

 

Oregon Eviction Cases Allowed in Small Claims:

No.

Oregon Attorney General

Oregon State Judicial Department

Oregon State Bar Association

Oregon Law Help

 

 

 

Join Our Community of Landlords

Burbz is modern property management for landlords.  Whether you prefer to self-manage or hire a property manager, Burbz platform provides free tools for landlords to succeed.  Landlords can utilize our free property management software.  Or, hire a property manager through the Burbz community and have shared access to all of your rental property data. 

The friendliest property management solution for landlords.

 

LOGO-the-Burbz