Landlords and property owners renting in Oregon must use a thorough Rental Application to protect themselves when offering a lease agreement.
A well-drafted Oregon rental application should provide landlords and property owners with all the information they need to decide whether they want to rent their property to a prospective tenant.
It is also important for property owners to ensure they respect the rights of their applicants.
Learn more about local Oregon law below, and use our Oregon rental application template to ensure you address the most important questions.
- Oregon Rental Application Information for Applicants and Tenants
- Federal and Oregon Fair Housing Laws
- Information for Landlords
- Background Check Authorization
- How to Conduct an Eviction Search
- Oregon Rental Application Complaint Statute of Limitations
- Other Resources for Landlords
- How to Write a Rental Application
- Sample Oregon Rental Application Form
Oregon Rental Application Information for Applicants and Tenants
Oregon state law regarding rental application fees is nuanced. Some of the most important points that renters and landlords need to keep in mind include the following:
- Application Fee: 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 as a part of the rental application.
- Renter’s Insurance: The landlord must disclose whether renters must provide liability insurance and if so, the amount required.
- Security and Pet Deposit: There is no limit on what a landlord can charge for a security or pet deposit in Oregon. The landlord is required to provide a receipt of the security deposit. The deposit amount also has to be included in the rental agreement.
Federal and Oregon Fair Housing Laws
Landlords must abide by the Federal Fair Housing Act and Oregon Fair Housing laws, which means that they cannot ask questions about:
- 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
Information for Landlords
It is also important 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 and it has four dwellings or fewer, they are exempt from following certain FHA laws under the Mrs. Murphey Exemption.
- 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.
- Age: If age is important to the community such as in a senior living community, then age can be used as a part of the decision-making process.
Background Check Authorization
Landlords should conduct a background check on each applicant. But, property owners must get the written consent of each applicant before running this check.
The Federal Credit Reporting Act requires this.
Our background check authorization form can be used to obtain the applicant’s consent before conducting a credit and criminal history search.
Landlords should consider providing applicants with a copy of their background check report.
How to Conduct an Eviction Search
- Navigate to the Oregon Judicial Branch website
- Select ‘Free Records Search’
- Choose ‘Online Record Search”
- Select ‘Smart Search’
- Enter the applicant’s name
If you decide to reject an applicant based on a background check or eviction records search, send a rental application rejection letter to explain why.
Oregon Rental Application Complaint Statute of Limitations
In Oregon, residents have up to two years to file a complaint with the Oregon Bureau of Labor and Industries.
Landlords need to be careful not to violate any areas of the Federal and Oregon Fair Housing laws.
Other Resources for Landlords
How to Write a Rental Application
Writing a comprehensive rental application in Oregon requires several steps.
They include:
- List the address of the property you are renting out.
- Collect basic identifying information from each applicant.
- Ask for each applicant’s rental history, employment history, and finances.
- Ask for a few references, including those from prior landlords.
- Do not forget to ask about smoking history and pets.
Sample Oregon Rental Application Form
To ensure you don’t overlook anything, use our sample Oregon rental application form to expedite your screening and review process.