Looking for clear and concise information on Oregon landlord tenant law? Get all your answers from this plain English guide to the Oregon Landlord Tenant Act.
OR Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The landlord has to give all tenant applicants receipts of the screening charges. [OR 90.295.(1)(a)]
The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees has to be refunded.
If the landlord rejected someone as a tenant because of his/her tenant screening report, the landlord has to inform him or her the reason for rejection and provide the name and address of the tenant screening service. [OR 90.295.(4)]
If the landlord fails to following Oregon landlord tenant laws for screening tenants, the applicant can recover two times the application fees plus $150. [OR 90.295.(8)(b)]
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act § 604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
[OR 90.303][OR 90.304]
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
In addition, Oregon landlord tenant law disallows landlords from rejecting someone as a renter because of sexual orientation, gender identity, marital status or income source (as long as it is legal). Victims of domestic violence cannot be discriminated as well.
A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal. If the rental agreement is written, then Oregon landlord tenant law requires the landlord to give the tenant a copy of it. The landlord must also give the tenant a written copy of any amendment or addition to the rental agreement. [OR 90.220.(3)]
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
Before entering into a rental agreement, Oregon landlord tenant law requires the landlord to disclose the following to the tenant:
Oregon landlord tenant law requires all tenancy agreements to contain the following details:
According to Oregon landlord tenant law, your lease agreement CANNOT:
If the landlord deliberately includes prohibited terms and conditions in the rental agreement and tries to enforce them, the tenant can recover actual damages plus up to three month's rent. [OR 90.245.(2)]
As long as the tenant is agreeable, Oregon landlord tenant law doesn't limit the maximum amount of security deposit the landlord can ask for. After receiving any security deposit from the tenant, the landlord has to give him or her a written receipt. [OR 90.300.(2)(a)]
If the tenant keeps a pet (that is not a *service animal), the landlord can ask for an additional pet deposit. *A service animal is an animal (usually a dog) that is trained to assist disabled people.
There are no Oregon landlord tenant laws on security deposit holding methods and security deposit interest.
Oregon landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Oregon landlord tenant law) include [OR 90.300.(7)]:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. [OR 90.300.(7)(a)(B)] *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 31 days. This list has to individually account for all damages and rent owed in writing. [OR 90.300.(13)]
If the landlord fails to follow Oregon landlord tenant law for deducting and returning security deposit, the tenant can recover two times the amount of security deposit withheld. [OR 90.300.(16)]
Portland, Oregon OR
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
By default, rent is payable once the tenancy begins and shall be paid on the first day of every week or month. Rent is to be collected at the rental property. [OR 90.220.(7)(a)]
Late rent fees have to be specified in the lease agreement and it can only be charged when the rent has been overdue for five days or more. [OR 90.260]
The rent has been overdue for five days, the landlord can charge late fees equal to 5% of the periodic rent. The landlord can charge an additional 5% periodic rent (as late fees) for every additional five days that rent is overdue (e.g. rent is overdue for 5 to 9 days = 5% periodic rent, rent is overdue for 10 to 14 days = 10% periodic rent, rent is overdue for 15 to 19 days = 15% periodic rent... until rent owed is paid in full).
For a week to week tenancy, the landlord has to inform the tenant of a rent increase at least seven days in advance. [OR 90.323]
For a month to month tenancy, the landlord may only increase the rent after the first year and he or she has to inform the tenant of a rent increase at least 90 days in advance. The maximum rent increase during a 12 month period is capped at 7% plus the *consumer price index. *Consumer price index refers to Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics.
For a fixed term tenancy, the landlord isn't allowed to raise the rent until the tenancy expires.
The Oregon Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [OR 90.320]:
Oregon landlord tenant law also requires the tenant to keep the property in a clean and safe condition [OR 90.325]:
If the landlord fails to maintain the property (and it affects the tenant's health and safety) OR severely violates the rental agreement, the tenant can give the landlord a written notice stating the problem and giving the landlord 30 days to correct it. [OR 90.360.(1)(a)]
If the problem is corrected within 30 days (of the landlord receiving this notice), the tenancy shall continue. If the problem isn't corrected within 30 days, the tenancy shall terminate and the tenant can move out. In this case, the landlord has to return all security deposits and prepaid rents (after deductions) to the tenant.
For a week to week tenancy, the landlord has seven days to correct the problem(s) before the lease terminates.
If the landlord commits a similar violation within six months, the tenant can terminate the tenancy with a written 14 day notice stating the violation details and lease termination date (7 day notice for week to week tenancy). [OR 90.360.(1)(c)]
If the landlord fails to provide an essential service (such as heat, water, electricity, plumbing or sanitation), the tenant has to give the landlord a written stating the problem(s) and that the tenant may seek substitute services, rent damages or substitute housing. [OR 90.365.(1)]
After receiving this written notice, the landlord has to provide the essential service within a reasonable period of time. If the landlord fails to do so, the tenant has three choices:
According to Oregon landlord tenant law, the landlord is only allowed to enter the property for the following reasons [OR 90.322.(1)]:
In the above situations, the landlord must inform the tenant at least 24 hours in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours. [OR 90.322.(b)]
According to Oregon landlord tenant law, the landlord may enter the property without permission in the following situations:
The tenant cannot deny access if the landlord has a valid reason to enter the property. Otherwise the landlord can EITHER
In addition, the landlord may also sue the tenant for actual damages. [OR 90.322.(7)]
The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. If the landlord fails to do so or harasses the tenant, the tenant can EITHER
In addition, the tenant can recover actual damages (minimum of one week's month for a week to week tenancy or one month's rent for all other types of tenancy). [OR 90.322.(8)]
There are no specific Oregon landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
Salem, Oregon OR
Before terminating a tenancy, Oregon landlord tenant law requires you to give the other party a written notice to quit in advance [OR 90.427]:
Week to week tenancy
Month to month tenancy
For a tenancy at will, the number of days for giving a notice to quit shall be equal to the rent payment interval (e.g. 14 day's notice if rent is paid every 14 days). [OR 91.050]
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Tenant or family member is a victim of domestic violence, sexual assault or stalking
If the tenant believes that the tenant or tenant's immediate family member is a victim of domestic violence, sexual assault or stalking, he or she can terminate the tenancy (without penalty) by giving the landlord a written notice 14 days in advance. [OR 90.453.(2)(a)]
This notice has to state the termination date and names of any family members to be released from the lease.
In addition, the tenant has to give the landlord a *verification statement (signed by the tenant and a qualified third party) PLUS one of the following documents:
*See [OR 90.453.(4)] for an official example of the verification statement.
According to Oregon landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent
Tenant violated tenancy agreement or didn't perform duties
Tenant, related person or tenant's pet threatened, injured or endangered others on property [OR 90.396.(a)(b)(c)]
Tenant, related person or tenant's pet deliberately caused property damage more than once [OR 90.396.(d)]
Tenant or related person was involved in illegal activities on property
For a week to week tenancy, the landlord can send the tenant a 72 hour written notice to terminate the tenancy only when rent has been overdue for five days or more. This notice must state the amount of rent owed and that the rental agreement shall be terminated if rent isn't paid within 72 hours (3 days). [OR 90.394.(1)]
For all other types of tenancy, the landlord can send the tenant a 144 hour written notice to terminate the tenancy only when rent has been overdue for five days or more. This notice must state the amount of rent owed and that the rental agreement shall be terminated if rent isn't paid within 144 hours (6 days). [OR 90.394.(2)]
If the tenant violates the tenancy agreement in a *significant manner, the landlord can send the tenant a 30 days written notice to terminate the tenancy.
Similarly if the tenant fails to perform his or her duties (as required by Oregon landlord tenant law) in a significant manner, the landlord can also send the tenant a 30 day written notice to terminate the tenancy.
*Significant manner usually refers to situations that affects human health and safety. If the tenant fails to pay for late rent charges or essential services (that he or she is responsible for), it is also considered as a significant violation under Oregon landlord tenant law. [OR 90.392]
This written notice has to state what is the tenant's violation or failure in duty. If the tenant corrects the problem within 14 days, then the tenancy may continue.
If the tenant (or tenant's occupant or tenant's guest) engaged in illegal activities on the property, the landlord can evict the tenant by sending him or her a 24 hour notice to quit.
Examples of illegal activities include prostitution, hate crime, burglary, illegal production (delivery or possession) of controlled substances. [OR 90.396.(f)]
According to Oregon landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. [OR 90.375]
If the landlord forces the tenant to move out with unlawful methods or shuts off utilities, the tenant can EITHER
In addition, the tenant can also sue the landlord for two times the amount of actual damages or two months rent (whichever is greater). If the tenancy is terminated, the landlord must return all security deposits and prepaid rents (after deductions) to the tenant.
There are no specific Oregon landlord tenant laws on when the property is considered abandoned by the tenant.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
The landlord has to give the tenant a written abandonment notice stating that the tenant has to retrieve his or her abandoned belongings before the given deadline or else the landlord may sell or dump them. [OR 90.425]
If this notice was delivered in person, the tenant shall have to respond within five days. If the notice was mailed, then the tenant has eight days to contact the landlord. After contacting the landlord, the tenant must collect the items within 15 days.
If the tenant fails to collect the belongings and they are worth more than $1000, the landlord can sell them to pay for the following:
Under Oregon landlord tenant law, the landlord isn't allowed to keep the abandoned belongings for personal use.
Oregon Landlord Tenant Law: Oregon Residential Landlord and Tenant Act
Oregon Landlord Tenant Handbook: Landlord Tenant Law in Oregon
Oregon Landlord Tenant FAQ: Oregon State Bar - Landlord Tenant Law FAQ