What Is an Oregon Lease Agreement?
An Oregon lease agreement is a legally binding contract between a landlord and a tenant that explains the terms of renting a home, apartment, or other residential property. It outlines important details such as:
- Rent: What amount is owed, and when it must be paid
- Security Deposits: How they are handled and returned
- Repairs and Maintenance: Who is responsible for upkeep and fixing problems
- Property Rules: What applies to pets, smoking, or other property use
Lease agreements in Oregon are regulated under the Oregon Residential Landlord and Tenant Act. This law protects the rights of both landlords and tenants and ensures rental properties are safe and habitable.
In Oregon:
- Fixed-term leases over 12 months must be in writing (ORS 41.580(1)(e))
- Month-to-month agreements can be verbal, but a written agreement is strongly recommended to avoid disputes.
A clear, written lease protects both landlord and tenant by preventing misunderstandings. With Legal Templates, you can quickly create a residential agreement that meets state law and reflects your rental terms.
Oregon Landlord‑Tenant Laws (At a Glance)
| Topic | Rule | Oregon Code |
|---|---|---|
| Lease Term | If a lease is longer than one year, it must be in writing. | ORS § 90.100 ORS 41.580 – Statute of frauds |
| Security Deposit | No maximum limit. Landlords must return deposits within 31 days with an itemized list of deductions. | ORS § 90.300 |
| Rent Due | Rent is due at the beginning of the rental period, unless the lease states otherwise. | ORS § 90.220 |
| Grace Period & Late Fees | Landlords must give a 4-day grace period before charging a late fee. Allowed fee structure: flat fee, daily rate less than 6% of the flat fee, or 5% of the monthly rent for each 5-day period until paid. | ORS § 90.260 |
| Rent Control | Rent increases are limited to once per year and capped at 7% plus inflation, with some exceptions. | ORS § 90.323 |
| NSF Check Fee | Landlords may charge up to $35 for a bounced check. | ORS § 30.701 |
| Landlord Entry | Landlords must provide a 24-hour notice before entering, except in emergencies. | ORS § 90.322 |
| Termination Notice | Most month-to-month leases require 30 days' notice, but landlords may be required to give a 90-day notice in some cases. | ORS § 90.427 |
Oregon Lease Agreements (By Type)
Find the right Oregon lease agreement for your rental needs. Use our customizable templates to create a legally binding contract with clear terms for landlords and tenants.
Oregon Standard Lease Agreement
Forms a rental contract for a property.
Oregon Room Rental Agreement
A binding document that outlines the guidelines and expectations for individuals cohabitating in a rented space.
Oregon Commercial Lease Agreement
A legally binding document outlining terms and conditions for renting commercial property, such as duration, rent, and use.
Oregon Rent-to-Own Lease Agreement
Rent a property with an option to own it in the future.
Oregon Month-to-Month Rental Agreement
Allows for short-term tenancy in a monthly sequence, without a predetermined end date unless terminated by either party.
Oregon 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.
Security Deposit Rules in Oregon
No Maximum Limit
Landlords may charge any amount as a security deposit, as there is no legal limit (ORS § 90.300).
Return Deadline
Deposits must be returned within 31 days of the lease ending or termination.
Deductions Allowed
Landlords in Oregon may deduct unpaid rent, lease violations, or damages beyond normal wear and tear. Any remaining balance must be accompanied by an itemized list of deductions.
Oregon Rent and Late Fee Laws
Rent Due
Payment is typically due on the first day of the rental period, unless the lease sets a different schedule (ORS § 90.220).
Rent Control
Oregon landlords cannot raise rent in the first year of tenancy. After that, they can only increase rent once per year, with 90 days’ written notice. For week-to-week rentals, only a 7-day notice is required. In most cases, increases are capped at 7% plus inflation (ORS § 90.323).
Grace Period
Tenants have a 4-day grace period before late fees can be charged (ORS § 90.260).
Late Fees
Landlords must write late fees into the lease agreement to be enforceable. In Oregon, landlords may charge one of the following:
- A flat fee (reasonable amount per rental period)
- A daily fee of up to 6% of the flat fee
- 5% of the monthly rent for each 5-day period that the rent remains unpaid
Bounced checks
Landlords may charge up to $35 for a returned check (ORS § 30.701).
Landlord Right of Entry in Oregon
Notice to Enter
Landlords in Oregon are required to give at least 24 hours’ written notice before entering the rental property. Unless it is an emergency or the tenant has previously agreed to allow access, landlords cannot enter with this written notice (ORS § 90.322).
Permitted Reasons for Entry
Landlords can enter residential rentals in Oregon for inspections, repairs, or maintenance. They may also enter if they have to show the unit to prospective tenants and buyers by properly giving notice to the tenant ahead of time (ORS § 90.322(1)(a–e)).
Locks (Domestic Violence)
Tenants generally need landlord’s permission to change locks. Survivors of domestic violence can request a lock change. However, they will be responsible for covering the cost themselves (ORS § 90.459).
Oregon Property Maintenance and Repair Responsibilities
Landlord’s Duties
Landlords must ensure that the property is safe and habitable, including:
- Maintaining a weatherproof exterior
- Providing working plumbing, heating, and electrical systems
- Keeping the property clean and free from pests
- Ensuring locks, latches, and appliances are functional
- Providing hot and cold running water (ORS § 90.320)
Tenant’s Duties
Tenants must use the unit as a residence, pay rent on time, keep it clean, and return it in the same condition as received, except for normal wear and tear.
Tenant Remedies
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, under ORS § 90.365, the tenant may:
- Arrange repairs and deduct the cost from the rent (for minor defects up to $300)
- Recover damages for reduced rental value
- Move into an alternative housing and stop paying rent if the unit is unsafe for habitation
Extended Absences
A lease may require tenants to notify the landlord if they will be gone for more than 7 days. If they fail to give notice, the landlord may claim damages caused by the absence.
Required Landlord Disclosures in Oregon
Oregon law requires landlords to share certain information with tenants before they move in. These disclosures help ensure that tenants understand the condition of the property and their rights.
- Landlord’s Identification: The lease must include the property owner’s name and address or that of an authorized real estate agent (ORS § 90.305).
- Lead-Based Paint: For any homes built before 1978, landlords must provide a federal lead-based paint disclosure form and information about known hazards (EPA & HUD Lead Disclosure Rule).
- Carbon Monoxide and Smoke Alarms: The property should have a working smoke detector and carbon monoxide alarm in compliance with the State Fire Marshal rules. The landlord must provide instructions for testing these alarms (ORS § 90.317)
- Flood Hazard Disclosure: A landlord must notify the tenant if the property is in a 100-year flood plain (ORS § 90.228).
- Recycling Information: Landlords must provide recycling instructions and access to the service for properties with five or more units(ORS § 90.318).
- Smoking Policy: Landlords must state whether smoking is allowed inside the rental, in common areas, or anywhere near the property (ORS § 90.220).
- Utilities and Service Fees: If the tenant shares utility costs ( such as water or electricity), the landlord must explain how charges are divided and whether tenants are paying for services that benefit the landlord or other tenants (ORS § 90.315).
- Bounced Check Fee: Landlords may charge up to $35 for a returned check, which must be stated in the lease agreement (ORS § 30.701).
- Legal and Foreclosure Notices: Landlords must inform tenants if the property has any outstanding housing code violations, pending lawsuits, or foreclosure proceedings that could affect the rental property (ORS § 90.310).
Ending or Renewing a Lease in Oregon
In Oregon, the rules for ending or renewing a lease depend on whether the agreement is fixed-term or month-to-month.
- Fixed-Term Leases: End automatically on the date stated in the lease unless both parties agree to renew
- Month-to-Month: Either party may terminate the lease with at least 30 days’ written notice or longer in some cases (ORS § 90.427)
- Unclaimed Property: If a tenant leaves any belongings behind, the landlord must store them and notify the tenant. The tenant has 5 days to respond or 15 days to recover the items before the landlord may sell or dispose of them (ORS § 90.425).
If a tenant fails to pay rent or violates the lease, landlords may need to serve an eviction notice before beginning legal eviction proceedings.
Sample Oregon Lease Agreement
View a sample Oregon lease agreement form to understand key terms and required disclosures. You can customize our Oregon lease agreement template to meet your unique requirements and download the agreement in PDF or Word format.
