Oregon Rental Laws

Written on January 17, 2014 by , updated on August 17, 2018

Flag of OregonThis article summarizes the Oregon Landlord Tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information.  All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, you should contact a licensed attorney referral service that is operated by the state bar association.

Official Rules, Regulations, and Guide

Security Deposit:

  • Security Deposit Maximum: No Statute. After the first year of tenancy, the landlord is allowed to charge a new or increased security deposit, and the tenant is given at least three months to pay the new or increase deposit.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits: Allowed, but not for service animals. (Or. Rev. Stat. § 90.300 (4))
  • Deadline for Returning Security Deposit: 31 days (Or. Rev. Stat. § 90.300 (13))
  • Require Written Description / Itemized List of Damages and Charges: Yes (Or. Rev. Stat. § 90.300 (14))
  • Carpet Cleaning: A landlord can only withhold deposit funds for a carpet cleaning if it is specifically mentioned in the lease. (Or. Rev. Stat. § 90.300 (7a)(A))
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: Yes, The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))
  • Failure to Comply: If the landlord fails to return all or any portion of any prepaid rent or security deposit due to the tenant within 31 days after the tenancy is terminated, the tenant may recover the money due in an amount equal to twice the amount. (Or. Rev. Stat. § 90.300 (13) and Or. Rev. Stat. § 90.300 (16))

Lease, Rent & Fees:

  • Rent Is Due: Rent is payable at the “time and place agreed upon by the parties” without an additional demand or notice. Rent is paid at the dwelling unit unless an alternative agreement is reached. Periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month for a month-to-month tenancy or each week, if the tenancy is week-to-week. Rent is not considered due before the first day of each rental period. (Or. Rev. Stat. § 90.220(3))
  • Rent Increase Notice: 30-day written notice must be given for rent increases in month-to-month leases, and 7-day written notice must be given for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))
  • Rent Grace Period: 4 Days (Or. Rev. Stat. § 90.260(1))
  • Late Fees: Late fees are allowed only if it it is documented in the lease and tenants are more than five days late paying the rent. n the rent. Landlords can charge 1) a one-time flat fee that is “reasonable” for the area’s rental market; 2) a daily late fee that is no more than 6% of a one-time flat fee, or 3) a late fee that is equivalent to 5% of the monthly rent that is charged once every five days until the rent is paid. (Or. Rev. Stat. § 90.260(1) and (2))
  • Prepaid Rent: Allowed (Or. Rev. Stat. § 90.300). If “last month’s rent” is prepaid, it must be used for the last month of the tenancy. (Or. Rev. Stat. § 90.300(9))
  • Returned Check Fees: The amount of the dishonored check fee may not exceed $35 (ORS 30.701 (5)) plus any amount that a bank has charged the landlord for processing the dishonored check. (Or. Rev. Stat. § 90.302(2b))
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (Or. Rev. Stat. § 90.365)
  • Tenant Allowed to Repair and Deduct Rent: Yes (Or. Rev. Stat. § 90.368)
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (Or. Rev. Stat. § 90.255)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Or. Rev. Stat. § 90.410)
  • Abandonment Fee: Landlord can charge up to 1.5 times the monthly rent to tenants who abandon the lease. Members of the military and victims of domestic violence are exempt. (Or. Rev. Stat. § 90.302(2e), Or. Rev. Stat. § 90.453, and Or. Rev. Stat. § 90.457).

Notices and Entry:

  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more, in writing, from lease expiration. (Or. Rev. Stat. § 91.060)
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed; the lease simply expires. (Or. Rev. Stat. § 91.080)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more, in writing, from lease expiration (Or. Rev. Stat. § 91.070). If the tenant has lived in the unit for more than one year, 60 days notice must be given. (Or. Rev. Stat. § 90.427)
  • Notice to Terminate Tenancy at Will: 7 days or more (Or. Rev. Stat. § 91.050), or 10 days if the tenant has has lived there for more than one year. There is no provision for week-to-week tenancy. (Or. Rev. Stat. § 90.427)
  • Termination of Tenancy with 24 Hours Notice: Landlords are allowed to issue 24-hour evictions if the tenant poses a “substantial” danger to themselves, others, engages in or promotes prostitution, or is guilty of manufacturing, dealing or possessing drugs classified as controlled substances. 24-hour notice of eviction can also be given if a tenant’s pet poses a dangerous threat to others. (Or. Rev. Stat. § 90.396) Tenants who live in drug and alcohol free housing for less than two years may receive a 24-hour eviction notice if they possess alcohol, illegal drugs, or a controlled substance without a medical prescription. (Or. Rev. Stat. § 90.398).
  • Notice to Terminate Lease due to Sale of Property: If a landlord sells the rental unit, the landlord must give the tenant 30 days written notice if the tenant has a month-to-month lease or 60 days written notice if the tenant has lived in the unit for more than a year.  (Or. Rev. Stat. § 91.070), or 60 days (Or. Rev. Stat. § 90.427(5)). All of the following must be true:
    1. The dwelling unit is purchased separately from any other dwelling unit;
    2. The landlord has accepted a purchase offer from someone who intends to live in the unit as the person’s primary residence, and
    3. The landlord has provided notice, along with written evidence of the purchase offer to the tenant not more than 120 days after accepting the offer to purchase.
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: For tenancies that are week-to-week, a landlord must provide written notice of intent to terminate the rental agreement due to nonpayment of the rent and give the tenant 72 hours to remedy the nonpayment (Or. Rev. Stat. § 90.394(1))
  • Notice of Termination of All Other Leases for Nonpayment: A landlord must provide written notice of nonpayment and give the tenant 72 hours, given no sooner than the eighth day of the rental period, or 144 hours, given no sooner than the fifth day of the rental period, to remedy nonpayment (Or. Rev. Stat. § 90.394(2)).
  • Termination for Lease Violation: A rental agreement is terminated 30 days after written notice is provided to the tenant. If the tenant violated another lease agreement within the last six months, the landlord may give 10 days’ written notice (Or. Rev. Stat. § 90.392).
  • Required Notice before Entry: 24 hours. The notice must provide the reason for entry, the date and time of entry, and identify who entered the unit (Or. Rev. Stat. § 90.322(b)).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Or. Rev. Stat. § 90.322)
  • Entry Allowed with Notice for Showings: Yes (Or. Rev. Stat. § 90.322)
  • Emergency Entry Allowed without Notice: Yes, but landlord must send notice within 24 hours after entry and specify the nature of the emergency. (Or. Rev. Stat. § 90.322(1b))
  • Entry Allowed During Tenant’s Extended Absence: Yes, landlord may reasonably enter if absence is greater than 7 days. (Or. Rev. Stat. § 90.340)
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (Or. Rev. Stat. § 90.375)
  • Utility Shut-offs Allowed: No (Or. Rev. Stat. § 90.375)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property. (Or. Rev. Stat. § 90.305)
  • Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions. (Or. Rev. Stat. § 90.220(3))
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify a tenant’s claim of Domestic Violence status. The tenant must complete the form found in Or. Rev. Stat. § 90.453.
    • Termination of Lease: If the tenant or a tenant’s immediate family member is a domestic violence victim, the landlord shall release the tenant or family member of the tenant from the rental agreement if the tenant gives a landlord at least 14 days’ written notice making such a request. (Or. Rev. Stat. § 90.453(2b))
    • Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (Or. Rev. Stat. § 90.459)
  • Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a government body, or for involvement in a tenant’s organization.  Other actions are prohibited; read Or. Rev. Stat. § 90.385 for more information.
  • 100-Year Floodplain: If a dwelling unit is in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the floodplain. (Or. Rev. Stat. §§ 90.2280)

Court Related:

 

Business Licenses:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
  • Portland Landlord Training – Fall and Spring Sessions

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669 CommentsLeave a Comment

  • julia l kelley

    trustee sold the house dad and i both have lived in for10 years when dad went into the nursing home. the new owner has walked in without any notice . even when he served me a no cause eviction he came in through the back door. i dont know this man . so he served me the wrong notice . we went to trial i won .this guy continues to come in without notice can i sue him for each violation using fair market value. in small claims .

    • Jim

      Call a local LL/T lawyer. When you explain the situation I’m sure he/she will take your case with no charge to you because from what you stated as evidence, your LL will lose and will have to pay all fees including your attorney and you should have no problem prevailing. IMHO.

      good luck

      • julia l kelley

        so i know you can only sue in small claims up to 10,000 and are not allowed to use an attorney. this Landlord has come in 3 times and had someone else show up telling me to get out 4 times so far . when he left the trial he said well this means war…..i know i have not been charged rent but my question is can i still sue for fair market value rent . for all 7 -so far violations of unlawful entry without a 24 hr notice.and for a 4 bedroom house here it is 1465.00 a month

        • jim

          I am not a licensed atty and cannot give you legal advice. You need to contact an attorney. Legal Aid may be able to help you or at least direct you to an attorney that can.

          good luck

  • Joel Corley

    FYI. A year or two ago the rent increases for month to month tenants increased to 90 days

    https://www.oregonlaws.org/ors/90.323

  • Destiny

    So if you have been living at an address for over 2 years but never sighned a lease how much notice. Is the land lord required to give when u get evicted

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