Oregon Rental Lease Agreements are a set of documents designed to give control of a property from the owner over to a temporary renter. The renter (known as the tenant) can will typically use the property for residential purposes, although some leases allow the property to be used for commercial purposes. Selling or leasing property in Oregon requires a Property Management License or a Real Estate Broker License.
As each lease covers completely different properties in different areas being used for different purposes, each lease is unique and requires careful reading, although most will have common provisions (such as the cost of rent and when it is due). Careful reading can ensure the tenant is aware of any special clauses and considerations and can avoid breaking them.
Form Description Types
Oregon Rental Laws
All laws are pursuant to Or. Rev. Stat. 90.100 to 91.225.
While there is no state cap on how much a landlord can charge for a security deposit, the landlord may not charge a security deposit during the tenant’s first year on the property, unless the lease has been altered to allow the tenant to keep or have a pet. If the landlord has taken a security deposit, it must be returned within thirty one (31) days of the tenant vacating the property, with an itemized list of any and all deductions the landlord has taken.
All leases will specify when the rent is due (typically the first of the month) and what amount it is. Failure to pay rent on time and in full may result in a late fee. Under Oregon state law, a late fee may not be charged until the rent is four (4) days late and a late fee policy must be disclosed in the lease. A daily late fee cannot add up to more than five (5) percent of the total rent.
Under a One Year (or longer) Lease, rent cannot be increased or otherwise altered until the lease has terminated and is up for renewal, unless a rent increase is provided for in the original lease. In a Month to Month Lease, the landlord must give the tenant thirty (30) days written notice before increasing the rent, unless the tenancy has continued for more than a year in which case the landlord must give the tenant sixty (60) days written notice.
Under Oregon state law if the landlord fails to supply essential repairs or services, the tenant may, after waiting a reasonable time and giving the landlord reasonable access to the property withhold rent until the repair is made. Alternately the tenant may arrange for the repair themselves and deduct the cost from the rent.
In a Month to Month Lease, the eviction proceedings are reasonably straightforward; A landlord may serve the tenant thirty (30) days written notice to vacate at their discretion. Under a One Year Lease, the method the landlord must get an Eviction Order from a Judge, and the process to reach that point depends on the reason for eviction.
If the eviction is due to nonpayment of rent, the landlord must serve the tenant with a Pay or Quit Notice. If the rent is 5 (five) days late the Pay or Quit Notice will give the tenant six (6) days to Pay or Vacate the property before eviction proceedings begin. If the rent is eight (8) days late, the Pay or Quit Notice will give the tenant three (3) days to pay or vacate the property.
If the eviction is due to another violation of the lease, the landlord must serve the tenant with written notice of the violation. The landlord must then give the tenant fourteen (14) days to repair the violation, followed by another sixteen (16) to vacate. If the violation is due to a forbidden or illegal pet, the written notice will only give the tenant ten (10) days to remove the pet.
In Oregon it is illegal to discriminate (IE deny housing, alter rent etc.) for the following reasons:
- race, color, national origin, religion, sex, family status, marital status, source of income, sexual orientation, gender identity, military status, disability (physical or mental) or history of being a victim of domestic violence
Landlord Entering Home
A landlord in Oregon cannot enter rented property without giving twenty four (24) hours notice, and at a reasonable time for a reasonable purpose, except in emergencies.