Oregon Standard Residential Lease Agreement

Introduction

An Oregon residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document governs the rights, responsibilities, and obligations of both parties throughout the tenancy period. Oregon residential tenancies are primarily regulated by the Oregon Residential Landlord and Tenant Act, found in Oregon Revised Statutes (ORS) Chapter 90. ^[27]

This guide provides comprehensive information about Oregon residential lease agreements, including required disclosures, security deposit rules, rent payment laws, rent increase caps, landlord and tenant obligations, and remedies for noncompliance.

Legal Framework

The Oregon Residential Landlord and Tenant Act applies to most residential rental agreements in Oregon. The Act establishes minimum standards that cannot be waived by agreement between the parties. Key statutes include provisions for rental agreement terms ^[1], security deposits ^[3], landlord disclosures ^[5], and habitability standards. ^[13]

Required Disclosures

Oregon law requires landlords to provide specific disclosures to tenants at or before the commencement of tenancy. Failure to provide required disclosures may result in penalties and affect the landlord's ability to enforce certain lease provisions.

Lead-Based Paint Disclosure (pre-1978 Properties)

For properties built before 1978, federal law requires landlords to disclose information about lead-based paint hazards. Landlords must: (a) provide tenants with the EPA-approved pamphlet 'Protect Your Family From Lead in Your Home,' (b) disclose any known lead-based paint or lead-based paint hazards in the property, and (c) provide tenants with any available records or reports about lead-based paint in the property. The tenant must be given 10 days to conduct a risk assessment or inspection for lead-based paint. ^[24]

100-Year Flood Plain Disclosure

If a dwelling unit is located in a 100-year flood plain as determined by the Federal Emergency Management Agency (FEMA), the landlord must provide written notice in the rental agreement. A '100-year flood plain' is defined as the level that flood waters may be expected to equal or exceed once each 100 years. If a landlord fails to provide this required notice and the tenant suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months' rent. ^[2]

Carbon Monoxide Alarm Instructions

If there is a source of carbon monoxide on the premises (such as a furnace, water heater, fireplace, or attached garage), the landlord must provide a carbon monoxide alarm and an instructional pamphlet. The alarm must be operational at the commencement of tenancy. If the carbon monoxide alarm is battery-operated or has a battery backup, the landlord must supply working batteries at the beginning of each new tenancy. ^[9]

Landlord Identity and Contact Information

The landlord must disclose in writing at or before the commencement of tenancy: (a) the name and address of the person authorized to manage the premises, and (b) the name and address of an owner of the premises or a person authorized to act on behalf of the owner for the purpose of service of process and for receiving notices and demands. This information must be kept current. A person who fails to comply with this requirement becomes an agent of each landlord for service of process and receiving notices. ^[5]

Legal Proceedings and Foreclosure Disclosure

For properties with four or fewer units, landlords must disclose any outstanding notice of default under a trust deed, pending suit to foreclose a mortgage, or pending proceeding to terminate a land sale contract. If the tenant moves as a result of a circumstance that the landlord failed to disclose as required, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent. ^[6]

Smoking Policy

The rental agreement must include the landlord's smoking policy. The policy must specify: (a) whether smoking is prohibited on the entire premises, (b) whether smoking is allowed on the entire premises, or (c) the specific areas where smoking is allowed or prohibited. This disclosure applies to the use of any lighted tobacco product. ^{[22] [1]}

Utility and Service Charge Disclosure

If the tenant will be paying utility or service charges that benefit the landlord or other tenants, the landlord must disclose this arrangement. The disclosure must describe: (a) the nature of the utility or service, (b) the method of calculating the tenant's share, and (c) that the tenant is paying for utilities or services that may benefit others. ^[7]

Recycling Instructions (multi-Family Properties)

For multi-family units of five or more units located within an urban growth boundary, landlords must provide annual recycling notices. The notice must describe: (a) the location of recycling receptacles on the premises, and (b) information about how to properly sort and dispose of recyclable materials. ^[10]

Condition Report (portland Only)

In Portland, the landlord and tenant should jointly document property condition before the lease begins, or the landlord must complete and provide a condition report before the lease starts. Tenants have seven days to request amendments to the condition report. This documentation protects both parties when determining responsibility for damages at the end of tenancy. ^[25]

Security Deposits

Maximum Amount

Oregon state law does not impose a maximum limit on security deposit amounts. However, Portland has enacted local limits: if the landlord requires last month's rent as prepaid rent, the security deposit is limited to one-half of one month's rent; if no last month's rent is required, the security deposit is limited to one month's rent. ^{[3] [25]}

Return Timeline

The landlord must return the security deposit, less lawful deductions, within 31 days after the tenancy terminates and the tenant delivers possession. The landlord must provide a written statement itemizing any deductions. If the landlord fails to comply with the 31-day requirement, the tenant may recover twice the amount wrongfully withheld. ^[3]

Permitted Deductions

The landlord may claim from the security deposit only amounts reasonably necessary: (a) to remedy tenant defaults in the performance of the rental agreement, including unpaid rent, and (b) to repair damages to the premises caused by the tenant, not including ordinary wear and tear. All deductions must be itemized in writing. ^[3]

Portland Additional Requirements

In Portland, landlords must: (a) disclose to tenants the name and address of the financial institution where security deposit funds are held, (b) disclose whether the account is interest-bearing, (c) pay interest to tenants at the end of tenancy, and (d) not apply security deposits to interior painting costs except to repair specific tenant-caused damage beyond ordinary wear and tear or to repaint walls painted by the tenant without permission. ^[25]

Rent Payment Terms

Due Date and Grace Period

Rent is due on the first day of each rental period unless the rental agreement specifies a different due date. Oregon law provides a mandatory 4-day grace period. Landlords cannot charge late fees or impose penalties until rent is four days overdue. If rent is due on the first of the month, late fees cannot be charged until the fifth day. ^[11]

Late Fee Structures

Landlords may impose one of three late fee structures: (1) A reasonable one-time flat fee specified in the rental agreement; (2) A daily fee that cannot exceed 6% of the monthly rent in total; or (3) A percentage-based fee of 5% of the monthly rent, charged once for each succeeding five-day period (or portion thereof) for which the rent payment remains delinquent. Landlords must choose only one fee structure and apply it consistently. The rental agreement must specify the tenant's obligation to pay a late charge, the type and amount of the late charge, and the dates on which rent and late charges become due. ^[11]

Dishonored Check (NSF) Fees

For dishonored checks due to insufficient funds, closed account, or stopped payment without good cause, landlords may charge up to $35 plus any bank fee the landlord was charged for processing the dishonored check. ^{[21] [4]}

Rent Increases (rent Stabilization)

Oregon has statewide rent stabilization laws. The maximum allowable rent increase is calculated as 7% plus the Consumer Price Index for All Urban Consumers, West Region (All Items), or 10%, whichever is lower. For 2025, the maximum increase is 10%. This limit applies to residential units that are 15 years old or older. ^{[15] [28]}

Additional restrictions: (a) Only one rent increase is permitted within any 12-month period; (b) The landlord may not increase rent during the first year of tenancy; (c) The landlord must give at least 90 days' written notice before increasing rent after the first year of tenancy. ^[15]

Landlord Obligations

Habitability Standards

The landlord must at all times during the tenancy maintain the dwelling unit in a habitable condition. This includes: (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors; (b) Plumbing facilities that conform to applicable law and are in good working order; (c) A water supply approved under applicable law; (d) Hot and cold running water; (e) Heating facilities capable of maintaining a minimum temperature of 68 degrees Fahrenheit; (f) Adequate garbage receptacles; (g) Safe floors, stairways, and railings; (h) Effective locks for exterior doors and latches for windows; and (i) Electrical systems maintained in good working order. A rental agreement cannot waive the landlord's obligation to maintain habitable conditions. ^[13]

Essential Services

Essential services include: heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows, and any cooking appliance or refrigerator supplied by the landlord. Essential services also include any other service or habitability obligation that creates a serious threat to the tenant's health, safety, or property, or makes the dwelling unit unfit for occupancy. ^[17]

Tenant Obligations

Tenants must: (a) Pay rent and other charges when due; (b) Keep the dwelling unit safe and sanitary; (c) Dispose of all garbage and waste in a clean and sanitary manner; (d) Use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities properly; (e) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises; (f) Conduct themselves in a manner that does not disturb neighbors' peaceful enjoyment; and (g) Comply with all applicable housing and health codes. ^[16]

Landlord's Right to Enter

Standard Notice Requirement

Unless there is a specific agreement between landlord and tenant, the landlord must give at least 24 hours' actual notice of intent to enter, and may enter only at reasonable times. Notice must include the date and approximate time of entry and the purpose. ^[14]

Emergency Entry

In case of emergency, the landlord may enter without consent, without notice, and at any time. 'Emergency' includes any repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If the landlord makes an emergency entry in the tenant's absence, the landlord must give actual notice within 24 hours, including: the fact of entry, the date and time of entry, the nature of the emergency, and the names of persons who entered. ^[14]

Tenant-Requested Repairs

If the tenant requests repairs or maintenance in writing, the landlord may enter upon demand, without further notice, in the tenant's absence or without consent, for the purpose of making the requested repairs. This authorization expires after seven days unless repairs are in progress and the landlord is making reasonable efforts to complete them. ^[14]

Tenant's Right to Deny Entry

The landlord may not enter if the tenant, after receiving notice, denies consent. The tenant must assert denial by giving actual notice to the landlord or by attaching a written notice of denial to the main entrance prior to or at the time of attempted entry. ^[14]

Tenant Remedies for Landlord Noncompliance

Essential Services Failure

If the landlord intentionally or negligently fails to supply essential services, the tenant may: (a) give written notice specifying the breach and, after allowing reasonable time and access, procure reasonable amounts of the essential service and deduct the actual and reasonable cost from rent; (b) recover damages based on the diminution in fair rental value; or (c) if the failure poses an imminent and serious threat to health, safety, or property, terminate the rental agreement upon 48 hours' written notice unless the breach is remedied. ^[17]

Minor Habitability Defect Repair

If the landlord fails to repair a minor habitability defect, the tenant may cause the repair and deduct the actual and reasonable cost from subsequent rent, up to a maximum of $300. Requirements: (a) The tenant must give written notice stating intent to repair and deduct if the landlord fails to make the repair by a specified date at least seven days after notice is given; (b) Repair work must be performed in a workmanlike manner by a qualified person (the tenant may not perform the work); (c) The tenant must provide a written statement from the repair person showing actual cost. ^[18]

Lease Termination

Month-To-Month Tenancies

Week-To-Week Tenancies

Either the landlord or tenant may terminate a week-to-week tenancy by giving written notice at least 10 days before the termination date. ^[20]

Eviction for Nonpayment of Rent

For week-to-week tenancies, landlords must deliver at least 72 hours' written notice of nonpayment, which can be given no sooner than the fifth day of the rental period. For all other tenancies (month-to-month or longer), landlords must provide either: (a) at least 10 days' written notice, given no sooner than the eighth day of the rental period; or (b) at least 13 days' written notice, given no sooner than the fifth day of the rental period. The tenant may cure the nonpayment up to the first court appearance. ^[19]

Application Screening Fees

Landlords may charge an applicant screening fee only to cover the actual costs of obtaining information about the applicant, including checking references and obtaining credit or tenant screening reports. A landlord may require only a single applicant screening charge within any 60-day period, regardless of the number of units for which the applicant applies. The landlord must provide a receipt. The fee must be refunded within a reasonable time if the landlord fills the vacancy before screening the applicant or does not screen for any reason. ^[12]

Fair Housing

Oregon law prohibits discrimination in housing based on: race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, and status as a survivor of domestic violence, sexual assault, or stalking. 'Source of income' includes federal rent subsidy payments (Section 8) and other local, state, or federal housing assistance. ^{[23] [26]}