An Oregon sublease agreement allows a tenant (or “sublessor”) to rent part or all of their rental property to another person (or “subtenant”) for a period of time.
Subletting can be a good way for you to cut the cost of renting or to help you ensure that your rental property remains occupied while you’re away. However, it also comes with some important laws, rules, and regulations that could cause you trouble if you’re unaware of them.
To save time and ensure everything is filled out correctly, we recommend using our free Oregon sublease agreement builder or reading our steps on how to write an Oregon sublease agreement before you sublet a rental property.
How to Write an Oregon Sublease Agreement
An Oregon sublease agreement must contain certain information (like names, correct addresses, rent cost, etc.) to be legally valid. However, it should also include other important sections (like a section that outlines restrictions on property use)) to mitigate the risk being taken on by the sublessor.
- List the type of property being subleased — This should include the entire property type (house, apartment, condo, or whatever form of lodging the subtenant is renting), as well as the specific part of the property they can use. If they’re renting the entire property, the agreement should make it clear.
- List the names of all current tenants — This will usually be the names included in the original lease, but if you’ve added someone to your household who is not in this lease, they should still be listed in the sublease agreement.
- List the full address where you’d like notifications and rent payments sent — If you’re subletting an entire property and living somewhere else, use the address where you’re currently living (or where you receive mail). In most other cases (like when you’re only subletting part of the property and still live there), it should be the address of the rental property.
- List the names of the subtenants — The sublease agreement should include the names of anyone who plans to live there.
- Attach a copy of your original lease and list your landlord’s name — This gives the subtenant a chance to better understand all of the original lease provisions that they must follow. Pleading ignorant of these conditions in the future is harder for a subtenant to do when it’s clear you’ve provided them a copy of the original lease.
- List the subleased property’s address and include any necessary additional information — This part of the sublease agreement should specify what parts of the property the subtenant has access to ,and set forth any restrictions (like a ban on pets or indoor smoking).
- List the term of the sublease — A sublease cannot be executed for a longer period than is covered by the original lease agreement.
- List the cost of rent, utilities, and how these costs are paid — The sublease agreement should clearly state the total amount of rent for the property and the amount of rent the subtenant must cover. This section should also address the parties’ financial responsibility for utilities, and how the sublessor would like rent to be paid (via a mailed check, cash, Paypal, a credit card, or something else).
Oregon Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Oregon. Once you’ve filled out an Oregon sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Oregon laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Oregon Landlord-Tenant Laws: Title 10, Chapter 90 of the Oregon Revised Statutes (Residential Landlord and Tenant)
In Oregon, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within thirty-one days (31) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease that’s month to month
Oregon Sublease FAQs
Is subletting illegal in Oregon?
Subletting isn’t illegal in Oregon unless the original lease agreement specifically forbids it, or the landlord refuses to approve a particular subtenant for a legal cause. Some legally acceptable reasons to reject a subtenant include:
- Having a poor credit history
- Having a criminal background.
Can a tenant sublet in Oregon without the landlord’s permission?
All tenants must receive permission from your landlord before they’re allowed to sublet a rental property in Oregon.
The tenant must send the landlord a letter requesting permission to sublease. This letter must include the proposed term of the lease, the name and permanent home address of the proposed subtenant, the reason for subletting, the original tenant’s new address (if different), the written consent of all co-tenants, and a copy of the proposed sublease agreement.
What are legal grounds for a landlord to refuse to approve a sublease agreement?
Within 30 days of receiving the notice letter, the landlord must approve or deny the sublease agreement request. If the landlord denies your request to sublet, it must be for one of the following reasons:
- The proposed subtenant’s financial irresponsibility
- Whether the proposed subtenant has a history of eviction or foreclosure
- The intended use of the property (and the legality of the intended use).
What can tenants do if the subtenant breaches the sublease agreement?
Just as a landlord can evict a tenant for violating a lease agreement, a tenant can evict a subtenant for violating the lease or sublease agreement. When going through an eviction, the sublessor is responsible for following the same rules and procedures the landlord would need to follow if they were pursuing eviction of the original tenant.