Learn the ins and outs of Oregon landlord-tenant laws in this detailed guide covering rental matters like lease agreements, rent payments, evictions, and more.
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Landlords and tenants in Oregon must navigate a complex web of local and state rental laws that influence their rights and responsibilities, as well as the dynamics of the landlord-tenant relationship. Understanding and abiding by these intricate laws can be quite a challenge, even for experienced rental property owners and tenants.
To help tackle this challenge, we've put together this comprehensive guide, covering essential rental aspects like tenant screening, eviction procedures, lease agreements, and more. Whether you're a landlord or a tenant, this guide will provide you with a thorough understanding of Oregon's laws, as outlined in the Oregon Revised Statutes Title 10.
Landlords will learn how to protect their rental properties and create positive relationships with tenants, while tenants will acquire the valuable knowledge needed to assert their fundamental rights.
Residential landlords in the state of Oregon are given rights that allow them to efficiently manage their rental properties protected from legal issues. A few of their main rights include:
Oregon landlords also have a set of responsibilities to maintain that ensure a safe and smooth tenancy for renters. Their key obligations include:
Similar to landlords, Oregon tenants are granted fundamental rights that work to protect their safety and well-being while living in a rental unit. Their main rights include:
Tenants in Oregon also have their own set of duties to uphold while renting. Generally, these obligations ensure the rental unit is maintained and the landlord goes financially unharmed. Tenants must:
Oregon state law requires any rental application fees to solely cover the costs of obtaining screening information about the tenant. Additionally, rental application fees shall be made refundable if the landlord fills the vacant unit prior to screening the applicant, or the landlord does not screen the applicant.
Landlords are prohibited from asking questions on the rental application which could lead to housing discrimination. Additionally, before denying applicants on the basis of criminal history, landlords must give the prospective tenant the opportunity to provide evidence explaining, justifying, or negating the relevance of the negative information.
Oregon landlords are allowed to run the following background checks:
Both oral and written rental agreements are accepted in Oregon. However, it’s always advised to document a rental agreement in writing as it grants important responsibilities to both parties.
The following information is required in a lease: landlord’s name, address, and phone number; rent amount and due date, length of the lease, and description of the rental unit. Learn what other information you should include in your rental agreement today.
To terminate a lease, a landlord must provide a 60-day notice for year-to-year leases, a 30-day notice for month-to-month, and a 10-day notice is required for weekly leases.
Oregon tenants can terminate a lease agreement early for the following legal reasons:
Landlords in Oregon are allowed to collect a security deposit at the start of the lease term to cover unexpected costs. Unlike most other states, Oregon does not limit how much a landlord can collect for a security deposit.
In regards to the security deposit, Oregon rental owners must:
In Oregon, landlords are allowed to make deductions from the security deposit for reasons including property damage beyond normal wear and tear, costs due to the breach of the lease, carpet cleaning, and unpaid rent, late fees, and utilities.
If the landlord fails to comply with the notice period or wrongfully withholds funds, tenants can sue for twice the amount wrongfully withheld plus attorney fees and court costs.
As of 2019, Oregon was the first state in the nation to implement statewide rent control laws. The law currently prohibits landlords from raising rent by more than 7% plus the consumer price index in a 12-month period. This limit applies to both existing tenants and new tenants when a vacant unit is rerented. However, newly constructed properties are exempt from these laws for 15 years.
Oregon landlords cannot raise rent during the lease period unless the lease specifically allows for it. Additionally, landlords must provide a 90-day notice before increasing rent for all tenancy lengths other than week-to-week leases, which require a 7-day notice.
If Oregon renters fail to pay rent on time, landlords are required to provide a 4-day grace period before charging a late fee. Landlords can charge late fees in several ways:
In Oregon, landlords must make repairs within 30 days after receiving written notice from tenants.
If the landlord fails to make repairs within a timely manner, renters can take several legal actions: sue for costs, file a court order to force the landlord to make repairs, or cancel the rental agreement altogether. They can also use the “repair and deduct” remedy in which they make minor repairs and deduct the cost from the rent.
Oregon landlords have the right to enter their rental units for maintenance and property showings. They are required to provide at least 24 hours' notice before entering the property unless there’s an emergency.
Oregon allows landlords to evict tenants for certain legal reasons. Each of the reasons requires a specific notice period before the eviction process can start. Here are the reasons for eviction and associated notice periods:
In addition to addressing rental topics like repairs and rent payments, Oregon law also addresses landlord retaliation, discrimination, and more. Discover some of these statutes below.
Both federal and state laws protect Oregon tenants from housing discrimination. The Federal Fair Housing Act prohibits landlords from discriminating against renters based on race, color, national origin, religion, sex, familial status, and disability. State law further protects renters from discrimination based on characteristics including marital status, income source, domestic violence status, stalking, and sexual assault.
If a landlord violates housing discrimination laws, by refusing to rent to a tenant or falsely claiming a rental unit is unavailable, tenants can seek legal help and file a complaint with the Oregon Bureau of Labor and Industries Civil Rights Division.
It’s illegal for Oregon landlords to retaliate against tenants for taking legal actions like reporting landlords to authorities for health and safety violations. Raised rent, threatened eviction, and reduced services are all considered forms of retaliation.
Residential landlords in Oregon are required to provide tenants with certain disclosures at the start of a lease period. Those disclosures include:
Oregon's rental laws have been carefully crafted to establish a clear framework outlining the rights and responsibilities of both landlords and tenants. These laws are primarily aimed at promoting a fair rental process, but they also serve to nurture a harmonious landlord-tenant relationship.
By thoroughly understanding and complying with these laws, landlords can safeguard their property investments and foster positive tenant relationships. Similarly, tenants can confidently assert their legal rights when necessary. Beyond reading this guide, landlords and renters should continue to stay informed about Oregon's evolving rental laws, as the rental landscape is continually changing.
Landlords, do you need help with rent collection or lease agreements? Tenants, are you looking for a credit boost or renter insurance? Whatever you need, Azibo’s got you covered. Learn more about our free rental software today!
Disclaimer: The information provided in this post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. This content may not constitute the most up-to-date legal information. No reader, user, or browser of this article should act or refrain from acting on the basis of information herein without first seeking the advice of a legal professional.
Important Note: This post is for informational and educational purposes only. It should not be taken as legal, accounting, or tax advice, nor should it be used as a substitute for such services. Always consult your own legal, accounting, or tax counsel before taking any action based on this information.
Rachel Robinson has 6 years of experience in writing, editing, and SEO, specializing in rental property and real estate. She excels in market trends and landlord-tenant dynamics, producing content that drives traffic and informs. Outside of work, she enjoys climbing Colorado's granite boulders.
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