Oregon Rental Laws

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This article summarizes the Oregon Landlord Tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information.  All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association.

Official Rules, Regulations, and Guide

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits: Allowed, but not for service animals. (Or. Rev. Stat. § 90.300 (4))
  • Deadline for Returning Security Deposit: 31 days (Or. Rev. Stat. § 90.300 (13))
  • Require Written Description / Itemized List of Damages and Charges: Yes (Or. Rev. Stat. § 90.300 (14))
  • Carpet Cleaning: A landlord can only withhold deposit funds for a carpet cleaning if it is specifically mentioned in the lease, however PROPOSED Bill 2689 would eliminate that requirement. (Or. Rev. Stat. § 90.300 (7a)(A))
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: Yes, The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))
  • Failure to Comply: If the landlord fails to comply with Or. Rev. Stat. § 90.300 (13), or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter of the rental agreement, the tenant may recover the money due in an amount equal to twice the amount. (Or. Rev. Stat. § 90.300 (16))

Lease, Rent & Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month or week, depending on whether the tenancy is month-to-month or week-to-week. Rent may not be considered to be due prior to the first day of each rental period. (Or. Rev. Stat. § 90.220(3))
  • Rent Increase Notice: 30-day written notice for month-to-month leases. 7-day written notice for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))
  • Rent Grace Period: 4 Days (Or. Rev. Stat. § 90.260(1))
  • Late Fees: A “reasonable” flat fee is allowed only if it is documented in the lease and can be assigned on the beginning of the 5th day after rent is due. Further, either a daily late fee may be assigned beginning on the 5th of no more than 6% of the one-time flat late fee, or a fee of 5% of the monthly rent amount may be charged every 5 days beginning on the 5th. (Or. Rev. Stat. § 90.260(1)(2))
  • Prepaid Rent: Allowed (Or. Rev. Stat. § 90.300).  If “last month’s rent” is prepaid, it must be used for the last month of the tenancy. (Or. Rev. Stat. § 90.300(9))
  • Returned Check Fees: The amount of the dishonored check fee may not exceed $35 (ORS 30.701 (5)) plus any amount that a bank has charged the landlord for processing the dishonored check. (Or. Rev. Stat. § 90.302(2b))
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (Or. Rev. Stat. § 90.365)
  • Tenant Allowed to Repair and Deduct Rent: Yes (Or. Rev. Stat. § 90.368)
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (Or. Rev. Stat. § 90.225)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Or. Rev. Stat. § 90.410)
  • Abandonment Fee: Landlord can charge up to 1.5x the monthly rent amount to tenants who abandon the lease.  Members of the military and victims of domestic violence are exempt from the fee. (Or. Rev. Stat. § 90.302(2e))

Notices and Entry:

  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more from lease expiration. (Or. Rev. Stat. § 91.060)
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires. (Or. Rev. Stat. § 91.080)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration (Or. Rev. Stat. § 91.070), or 60 days if the tenant has has lived there for more than one year. (Or. Rev. Stat. § 90.427)
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days or more (Or. Rev. Stat. § 91.050), or 10 days if the tenant has has lived there for more than one year. (Or. Rev. Stat. § 90.427)
  • Termination of Tenancy with 24 Hours Notice: Allowed in extreme situations when tenant is a danger to self or others, commits crimes, or has drug/alcohol violations. (Or. Rev. Stat. § 90.396Or. Rev. Stat. § 90.398)
  • Notice to Terminate Lease due to Sale of Property: 30 days (Or. Rev. Stat. § 91.070), or 60 days (Or. Rev. Stat. § 90.427) notice if ALL of the following are true:
    1. The dwelling unit is purchased separately from any other dwelling unit;
    2. The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and
    3. The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: 72 hours – tenant can remedy during that time. (Or. Rev. Stat. § 90.394(1))
  • Notice of Termination of All Other Leases for Nonpayment: 144 hours notice, no sooner than the 5th day of the rental period.  72 hours notice no sooner than 8th day of the rental period.  Tenant can remedy during that time. (Or. Rev. Stat. § 90.394(2))
  • Termination for Lease Violation: 30 days. 10 days if tenant has a previous lease violation within the last 6 months. (Or. Rev. Stat. § 90.392)
  • Required Notice before Entry: 24 hours (Or. Rev. Stat. § 90.322)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Or. Rev. Stat. § 90.322)
  • Entry Allowed with Notice for Showings: Yes (Or. Rev. Stat. § 90.322)
  • Emergency Entry Allowed without Notice: Yes, but landlord must send notice within 24 hours after entry. (Or. Rev. Stat. § 90.322(1b))
  • Entry Allowed During Tenant’s Extended Absence: Yes, landlord may reasonably enter if absence is greater than 7 days. (Or. Rev. Stat. § 90.340)
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (Or. Rev. Stat. § 90.375)
  • Utility Shut-offs Allowed: No (Or. Rev. Stat. § 90.375)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property. (Or. Rev. Stat. § 90.305)
  • Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto. (Or. Rev. Stat. § 90.220(3))
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status. Tenant must complete the form found in Or. Rev. Stat. § 90.453.
    • Termination of Lease: If a tenant gives a landlord at least 14 days’ written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement. (Or. Rev. Stat. § 90.453(2b))
    • Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (Or. Rev. Stat. § 90.459)
  • Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, or has been involved in a tenant’s organization.  Other actions are prohibited. Read Or. Rev. Stat. § 90.385 for more information.
  • 100-Year Flood Plain: If a dwelling unit is in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. (Or. Rev. Stat. §§ 90.2280)

Court Related:

Business Licenses:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
  • Portland Landlord Training – Fall and Spring Sessions

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