An Oregon lease agreement describes the terms under which a landlord will rent their property to a tenant for a specified period. This document includes the names and contact information of the landlord and the tenant, the property address and description, pet allowance provisions, safety/health information, and details about rent payments.
Rental Lease Laws Overview
- Rent Control: Yes
- Limit on Late Fees: Yes
- Late Fees in Rental Agreement: Yes
- Grace Period: Yes
- License Required for Landlord: Yes
Vet tenants with a rental application before finalizing the lease.
By Type (6)
Room Rental Agreement
A binding document that outlines the guidelines and expectations for individuals cohabitating in a rented space.
Commercial Lease Agreement
A legally binding document outlining terms and conditions for renting commercial property, such as duration, rent, and use.
Month-to-Month Rental Agreement
Allows for short-term tenancy in a monthly sequence, without a predetermined end date unless terminated by either party.
Sublease Agreement
Implements a subordinate lease, authorizing the initial renter to lease out the space to another party, with the renter remaining liable to the landlord.
Required Lease Disclosures
Here are the disclosures a landlord must make to their tenants in Oregon:
- Identification. A landlord must disclose to the tenant the property’s owner’s name and address. [1]
- Carbon Monoxide & Smoke Detector Addendum. The property must include at least one operational carbon monoxide detector in accordance with State Fire Marshal regulations. A landlord must provide instructions for testing smoke alarms. [2]
- Disclosure of Flood Hazard Area. A landlord must notify the tenant if the property is in a 100-year flood plain. [3]
- NSF (Dishonored) Check. A landlord must specify a fee for an NSF check within the lease agreement. [4]
- Outstanding Notices/Pending Suits. A landlord must notify the tenant of any outstanding notices or suits, like a pending suit to foreclose a mortgage. [5]
- Recycling. For a property with more than five units, a landlord must provide recycling instructions to the tenants. [6]
- Smoking Policy. A landlord must provide a disclosure about the smoking policy for the rented property. [7]
- Utility/Service Fees. A landlord must clarify if any service or utility fees paid by the tenant will benefit the landlord or other tenants. [8]
- Disclosure of Lead-Based Hazards. A landlord must notify the tenant if the property might contain lead-based paint on its interior. [9]
Security Deposit
- Maximum Amount: A landlord can charge as much as desired for the security deposit, as there is no legal limit (No statute).
- Receipts: Not specified by law.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: A landlord must return the security deposit to a tenant within thirty-one (31) days of the lease’s end or termination. [10]
- Withholding Rules: Landlords can withhold security deposit funds for unpaid rent, lease breaches, and damages beyond normal wear and tear. Deductions must be itemized and provided with the remaining deposit. [11]
Rent Payments
- Laws: No specific law for when rent is due, but usually specified in the lease.
- Rent Control: Landlords can raise rent by a maximum of 7% plus inflation annually. [12]
- Late Fees and Grace Period: 4-day grace period. Landlords can charge a reasonable late fee for rent. The fee can be a flat amount per period, a daily rate less than 6% of the flat fee, or 5% of the monthly rent for each 5-day period until paid. [13] A 3-day notice to pay rent or quit is required before starting eviction.
- Withholding Rules: If a landlord fails to make repairs or provide essential services, the tenant must notify the landlord and wait a reasonable time. If the issue isn’t resolved, the tenant can arrange repairs and deduct the cost (for defects under $300), recover damages for reduced rental value, or, if the unit is unsafe, find alternative housing and stop rent payments. [14]
Landlord Right of Entry
- Notice Requirements: Landlords must give at least twenty-four (24) hours of notice in non-emergency cases before entering the premises. [15]
- Keys, Locks, and Security: Tenants can change locks if allowed by the lease. In cases of domestic violence, they can request a lock change from the landlord, but must cover the cost.
Property Repairs
- Landlord Responsibilities: Landlords must ensure the property is always habitable, including maintaining a weatherproof exterior, working locks and latches, functional plumbing, safe hot and cold running water, operational heating, ventilation, and air conditioning, working electrical systems, and properly functioning appliances. Additionally, the property must be clean and free from debris, rubbish, rodents, and vermin.
- Tenant Repairs: Tenants must use the property as a dwelling, pay rent, keep it clean and maintained, and return it in the same condition as received, except for normal wear and tear. [16]
- Abandonment: A lease may require tenants to notify the landlord of absences longer than seven days. Failure to do so may result in the landlord recovering actual damages. [17]
Terminating a Lease
- Month-to-Month Tenancy: Either party can terminate by providing a 30-day notice.
- Unclaimed Property: The landlord must store any left-behind personal property and notify the tenant at their last known address. If the tenant doesn’t respond within five days or recover the property within 15 days, the landlord may dispose of or sell it. [18]
Sample
Our Oregon lease agreement template can help you write your terms and conditions and communicate them to a tenant while abiding by state laws. Download the template as a PDF or Word file below:
