Oregon Rental Laws

Written on January 17, 2014 by , updated on November 1, 2017

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, I only recommend contacting 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
  • 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, however PROPOSED Bill 2689 would eliminate that requirement. (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 comply with Or. Rev. Stat. § 90.300 (13), or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter of the rental agreement, the tenant may recover the money due in an amount equal to twice the amount. (Or. Rev. Stat. § 90.300 (16))

Lease, Rent & Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, 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 or week, depending on whether the tenancy is month-to-month or week-to-week. Rent may not be considered to be due prior to the first day of each rental period. (Or. Rev. Stat. § 90.220(3))
  • Rent Increase Notice: 30-day written notice for month-to-month leases. 7-day written notice for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))
  • Rent Grace Period: 4 Days (Or. Rev. Stat. § 90.260(1))
  • Late Fees: A “reasonable” flat fee is allowed only if it is documented in the lease and can be assigned on the beginning of the 5th day after rent is due. Further, either a daily late fee may be assigned beginning on the 5th of no more than 6% of the one-time flat late fee, or a fee of 5% of the monthly rent amount may be charged every 5 days beginning on the 5th. (Or. Rev. Stat. § 90.260(1)(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. § 90.225)
  • 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 1.5x the monthly rent amount to tenants who abandon the lease.  Members of the military and victims of domestic violence are exempt from the fee. (Or. Rev. Stat. § 90.302(2e))

Notices and Entry:

  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more from lease expiration. (Or. Rev. Stat. § 91.060)
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires. (Or. Rev. Stat. § 91.080)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration (Or. Rev. Stat. § 91.070), or 60 days if the tenant has has lived there for more than one year. (Or. Rev. Stat. § 90.427)
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days or more (Or. Rev. Stat. § 91.050), or 10 days if the tenant has has lived there for more than one year. (Or. Rev. Stat. § 90.427)
  • Termination of Tenancy with 24 Hours Notice: Allowed in extreme situations when tenant is a danger to self or others, commits crimes, or has drug/alcohol violations. (Or. Rev. Stat. § 90.396Or. Rev. Stat. § 90.398)
  • Notice to Terminate Lease due to Sale of Property: 30 days (Or. Rev. Stat. § 91.070), or 60 days (Or. Rev. Stat. § 90.427) notice if ALL of the following are true:
    1. The dwelling unit is purchased separately from any other dwelling unit;
    2. The landlord has accepted an offer to purchase the dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and
    3. The landlord has provided the notice, and written evidence of the offer to purchase the dwelling unit, 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: 72 hours – tenant can remedy during that time. (Or. Rev. Stat. § 90.394(1))
  • Notice of Termination of All Other Leases for Nonpayment: 144 hours notice, no sooner than the 5th day of the rental period.  72 hours notice no sooner than 8th day of the rental period.  Tenant can remedy during that time. (Or. Rev. Stat. § 90.394(2))
  • Termination for Lease Violation: 30 days. 10 days if tenant has a previous lease violation within the last 6 months. (Or. Rev. Stat. § 90.392)
  • Required Notice before Entry: 24 hours (Or. Rev. Stat. § 90.322)
  • 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. (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 thereto. (Or. Rev. Stat. § 90.220(3))
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status. Tenant must complete the form found in Or. Rev. Stat. § 90.453.
    • Termination of Lease: If a tenant gives a landlord at least 14 days’ written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement. (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 Authority, or has been involved in a tenant’s organization.  Other actions are prohibited. Read Or. Rev. Stat. § 90.385 for more information.
  • 100-Year Flood Plain: 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 flood plain. (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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586 CommentsLeave a Comment

  • Linda

    Continuing- the I was ask for a deposit two months after being there. This woman is the mother of whom I agreed with before I moved in. This woman kept calling and texting her daughter with harassing words, discussion about my business and contract. I know this is a falsified contract. The new contract was typed, the one I signed was hand written. There was nothing in the contract about me not parking in the driveway, no strict rules for my pet or the mention about the carpet damage was not done by my pets. Now I am homeless. The daughter and i had a verbal agreement but her mother changed all of that. I want to know if I should sue her for the false contract and harassment. HELP

  • Ashtyn

    Can a landlord charge a “month to month fee”? I live in Portland, Washington County. Our lease agreement says it will go month to month after the first year, but nothing about a month to month fee. It’s been a year and they want us to sign another lease or charge a $200 “month to month fee”. From what I can tell they can raise our rent but the fee it is not legal.

    • Jim

      Hi Ashtyn. I shouldn’t even be weighing in on your question because PTL is a country of its’ own in many ways. My question to you is: ‘what’s the difference in a $200 monthly fee vs a $200 monthly rent increase? Unless perhaps the $200 would exceed the 10% rent increase and trigger the PTL tenant relocation cost. Is renewing your lease at the old rent rate? or something less than $200? If so, then your LL may be using the $200 as a lever to get you into another lease term. Does the language of your lease address the rental amount when converting to a M/M rental agreement? Your question is somewhat perplexing without the benefit of the exact language of your lease agreement. If you’re really unhappy with your LL, why not seek other housing?

      • Ashtyn

        After the lease end date it says…”thereafter, shall be month-to-month on the same terms and conditions as stated herein”. The reason I am asking is because I want to know if it is legal to charge a “month to month fee”, yes or no. I feel that a property management companies or landlords should know all the laws if they are going to rent out homes. There are too many that I see trying to charge people for cleaning fees which I know are illegal. I just can’t find anything particular about month to month fee’s. And yes, $200 would be more than a 10% increase.

      • Wrong

        She said she is in Washington County. Therefore the rules for Washington County applies not Multnomah regardless of whether or not she has a Portland address.

        It is perfectly legal for them to charge more for month-to-month and there is no cap of 10% in Washington County.

        • Ashtyn

          I’m not sure you two are understanding my question. I know that it is legal for them to charge more for month to month. It is the term “FEE”. If they just raised my rent $200 it would be one thing, but they want to raise my rent and on top of it charge a “fee”. From what I understand of Oregon laws, only certain fee’s can be charged, and a month to month “FEE” is not one of them. I’ve know been told by other property management companies that it is an illegal fee.

          • Jim

            You might want to review ORS 90.302; that covers fees in general, especially 90.302 (8), There is a link at the top of this web page that will take you to ORS 90.302….

    • Akakai

      You should contact the Community Alliance of Tenants at (503) 288-0130. The people sponsoring this forum are landlords and have no specific knowledge of or interest in tenants’ rights.

      Also lawyers at the phone numbers below work specifically with tenants (all 503 area code):

      295-3651

      477-4690

      592-0606

  • Dana Lamont

    I live in an apartment and the last apartment I lived in had a place to wash my car now at my new apartment the landlord says it’s against the law to wash our cars???? Is this a new law? Or is he being a hardliner making up his own rules as he goes along???? Tenant turned landlord…AAhhh so damn frustrated with this guy…Any help would be appreciated

  • Alexa

    Our landlord is requesting we have the carpets professionally cleaned, while we are still residing at the home. We moved in one year ago and the carpets were new- we have done zero damage to the carpets, in fact they are immaculate in my opinion, (“normal wear and tear” of walking on them but they resemble the same condition they were in upon move in.) The landlord states she just wants to maintain the condition of the carpets- but besides this being an inconvenience to us (having to move furniture, etc) she is taking the carpet cleaning fee ($200) out of the refundable pet rent we have paid. (We paid $50 per month, so $600 for one dog.) The dog has not damaged the carpet. This does not seem legal to me, especially as we are not moving out.

  • Cat Cole

    In Jackson County Oregon, My senior neighbor has a grandson who has been on the lease about a year, he is troublesome and does not pay his portion of the rent on time, leaving the elder to pay it all up front and with no funds for several weeks. The elder wants the grandson to move and he refuses. The management company wants the grandson to willing sign a 30-day notice which he will not. Can the elder proceed with the 30-day notice without the grandsons signature or does the elder have any other way to get the grandson out?

    • Jim

      I would think that if the g-son’s name is on the lease executed by the LL, then only the LL can issue a notice of termination. If only the g-parents name is on the lease, then the g-parent can issue the notice. Whichever the case, the notice must be properly worded and served to be legal enough to stand up in court should it have to go that far. Sounds like it might be time to talk with an LL/T attorney.

      Sounds like a very nice g-son..

      • Tia

        I live in Portland Oregon. I rent a room from a lady I work with, her house. She charges 475 per room. I share the room from my son. I have my sister visiting for 2 months while her boyfriend is on the road. She is charging me 300 for my sister to share the same room. Two other guys share the same room and she charges the same amount for one room, only those two guys stay there for good. There is no contract or agreement signed. Is what she is doing legal?

  • Lynz B.

    Our landlord is selling his duplexes. Weve lived in one for 2 years.
    We paid last month and security deposit when we moved in.
    We currently are wondering if the last month rent can be used this month since he will no longer be our landlord?
    He asked us for rent this month,but its like im paying him additionally.
    We are month to month.
    No lease. We dont want to move.

    • Jim

      Generally speaking, all sums of money paid and on account will be transferred to the new owner. Your last months’ payment was for the LAST MONTH that you will occupy the property. If you do not pay your current rent, you may incur a late payment fee as well be in breach of your rental agreement contract.

      The new owner will have to honour the agreement in place until s/he chooses to change the agreement. You will not lose your last month rent prepayment. Just make sure you have the receipt for the last month rent payment in the unlikely event that the new owner denies having received the money from the selling owner. The new owner ‘steps into the shoes of the old owner’ in all legal & financial aspects. Hope this helps–

  • Jessica

    My current landlord who is also my former employer (I worked in the leasing office) is trying to make us pay for a full carpet replacement because we were here for less than 2 years. From my understanding should be prorated for the life it had left. They are also trying to make us pay for it before it is even done (they want a check the day we move out) without even knowing the actual costs. All I have been given are estimates. I know oregon law is 31 days after move out to send the tenant a written list of charges. I don’t believe what they are doing is legal but i could be wrong. Obviously we will pay for any damages but they act like people have $3000 just laying around and want the payment up front when you move out before its done.

  • Kathy Hodges

    Can a landlord use a “Washington State” lease in Oregon?

    Thank you in advance

    • Jim

      Of course. So long as the terms of the lease do not conflict with any Oregon Landlord Tenant laws. If the agreement referred to WA statutes, then that could be a bit sticky. Depends on just how generic the language was in order to avoid any legal differences between the two states. Any conflicting terms could possibly render the agreement null and void if the agreement did not cover the possibility of an unenforcible term. Most professionally drafted rental agreements will have a clause that states that should any terms be found unenforcible, all other terms shall remain in full force and effect.

  • Rick

    Can a landlord advertise a different rate for the same room according to the number of tenants???

  • sammi

    what if I’m in a fifth wheel trailer that i own but rent space, am in considered a renter?
    they have evicted me no cause to be out in 60 days. next question if i believe to of had someone /somebodies trying to break in, do they have to cover the change of locks….ben there over a year, domestic violence has been documented about 2yes ago before i son our eddudae
    Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (Or. Rev. Stat. § 90.459)

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