An Oregon rental application is vital for landlords and property owners to safeguard themselves when leasing their property. It should gather all necessary information to make informed decisions about prospective tenants while respecting their rights.
Laws
- Application Fee – Non-refundable
- Application Fee Limits – No limits
- Security Deposit – § 90.300 – No limit on the security deposit landlords can charge.
Application Fees
- Fees: The application fee (or applicant screening charge) cannot exceed the average cost of the screening process. Landlords must provide a receipt of any screening charges and a copy of any background check conducted.
- Screening Process: The landlord must provide the tenant with information on the cost, method, and criteria of all screening processes used in the rental application.
- Renter’s Insurance: The landlord must disclose whether renters must provide liability insurance and, if so, the amount required.
Rental Application Complaint Statute of Limitations
In Oregon, residents have up to two years to file a complaint with the Bureau of Labor and Industries, as per § 659A.875 (4).
Fair Housing Protections
Landlords must abide by the Federal Fair Housing Act and State Fair Housing laws, which means that they cannot ask questions about: [1]
- The race, color, or national origin of any applicant.
- The religious leanings of the applicant.
- Whether the applicant has a disability.
- The sexual orientation or gender identity of an applicant.
- The family status (including marital status) of any applicant.
- The source of income of the applicant.
- Whether the applicant is a victim of domestic violence.
Exemptions
It is also essential for landlords to be aware of possible exceptions to the rules above. They include:
- Mrs. Murphy Exemption: If the owner lives in one of the units on the property with four dwellings or fewer, they are exempt from following specific FHA laws under the Mrs. Murphey Exemption. [2]
- Religious Exemption: Landlords can use religion to decide who can live on the property if the property is owned and operated by a religious organization. [3]
- Age: If age is vital to the community, such as in a senior living community, then age can be used in decision-making [4] .
Security Deposit Limits [5]
Security and Pet Deposit: Oregon has no limit on what a landlord can charge for a security or pet deposit. The landlord is required to provide a receipt of the security deposit. The rental agreement must also include the deposit amount. [6]
Sample
