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

Realtor and Landlord associations

Get our free newsletter

Join 200,000+ landlords

  • ​Tips to increase income
  • Time-saving techniques
  • ​Powerful tools & resources
Topics:
  Laws & Regulations

694 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

  • Christina Jones

    Can a landlord charge pet rent?
    We are renting a house in Oregon and the property manager, while showing us the house, used the wood stove as a great feature to help with lowering the heating bill during the winter, now the owner has stated that they do not want us to use it ever, even if we pay to have it serviced cleaned. Can they do this? Also the wood flooring was improperly put in one of the bedrooms and is coming apart, they tell us to buy a rug to put over the top of it and the room they advertise as a 4th bedroom has no heat other than a heater we bought and this room has a door that accesses the back yard and there are large gaps creating the cold and the owner does not want to replace the door. what should we do?

    • Jim

      Short answer: find another place to live.

      It sounds like the stove and 4th BR were part of the consideration for the amount of rent you agreed to pay. As for the floor; was the deteriorated condition existing and visible when you toured the house before agreeing to rent? If the floor doesn’t present a dangerous condition and you were aware of it before signing the agreement, then, most likely, their recommendation of a carpet is about all you can expect.

      Since you contracted through the rental agency, I would discuss your situation with them and see if they’re willing to lower your rent to compensate for not having the use of the wood stove. As for the bad BR door, that was existing when you made your pre-contract viewing.

      Good luck

      • Christina Jones

        The floor had been done by the homeowner and it was a very bad job, this was pointed out during our walk through with the property manager. The house was originally for sale but had sat on the market too long so the owners decided to rent it out. We brought up the door when signing papers, the owners had someone come out and do estimates but because they say that because the house sat for so long and not sold they had to pay a mortgage on two homes and can’t afford to fix the door at this time. I am upset that they refuse to let us use the wood stove and that I have to pay pet rent, which I think is against the law in Oregon. Does anyone know if this is a law?

        • Jim

          They are allowed to charge PET rent but not for a certified service dog. You may also have the right to have the BR door fixed and deduct from the rent. Look at ORS 90.365-368 referenced at the top of this web page.

  • Annelisa

    If I rent out a basement mother in law unit in my Oregon home that I reside in up stairs, do the same laws apply when it comes to service animals? I have 2 cats that are on the property that will damage my floors if other animals are living in the home! I love animals but my cats do not! I read that if its under 4 units and owner occupied, I do not have to accept any service animals! But I am not sure if that is true?

  • Bea

    My mother has taken in her grandson for a period of time, which has turned into 5 months. He pays no rent, sleeps on couch and there is no rental agreement. She is trying to get him to leave, does he have tenant rights

    • Jim

      Assuming he is an adult, most likely has tenant rights. Sometimes the cost of tuition can be high. Without a written lease/rental agreement, Oregon Revised Statutes [ORS] Chapter 90-91 is the prevailing law. These are available for your use at the beginning of this web page. Just scroll to the top and begin reading. You should find all the answers regarding landlord-tenant law.

      good luck

  • Amber D Keefer

    Hi i was wondering how far back does a apartment complex do on a background check in Oregon i am in Lincoln City Oregon i owe in damages i moved twice and never got mail i tried to get into another apartment and they said i owe 534.00 i got ahold of my old complex to see who i talk to to pay it off noone got ahold of me its been 11 years

    • Akakai

      Possibly no one is at the old place who would know about this. Most likely the place you are applying to saw it on a credit report with one of the credit reporting agencies. Have you gotten a copy of your credit reports recently? There is a site that supplies an annual report for all 3 agencies free. It might be on there, and would say who the owner of the debt is currently, the original creditor or a collection agency. If it is not there then you may have to wait to hear from the old landlord. As far as “how far back they go” if it is on your credit report it would simply stay there if not paid. I believe normally landlords go back 7 years or two previous places of residence ; others here will correct if that is wrong.

    • Jim

      Sounds to me like your past LL got a judgement on you. A judgement, if renewed, is good for 20 years. Regardless of whether the judgement is still valid, if you did not satisfy the judgement, it will continue to show up and as a LL I would never rent to you. If you did it once you will most likely do it again. Best thing for you to do is to satisfy the debt and clear your record or you’re going to continue having difficulty in getting approved for another ‘decent’ rental. There are always slumlords out there that will rent to you. I would advise you to clear that debt so it stops coming up as unpaid.

  • Jamie

    Hello, My Landlord is selling the home I’m renting, I can not afford to move and I have 3 children between 4yrs and almost 1yrs of age. The property management he uses has been very rude and not unwilling to work with us but very mad when I have to have a set schedules for my oldest for he has a form of autism. Almost every time he wants some to see the home he calls not in writing but falls and wants it to be at less than 24 hours in advance. So I try to enforce the 24 hour law and he gets very irritated. I don’t want to step on toes because I haven’t found a house that fits my budget right now. I’m worried that he’s going to try and evict us before we find a place. I was wondering if they have to pay for moving fees or give deposit back.

    • Jim

      You failed to mention whether you live in the Portland moving expense jurisdiction and whether you are on a M/M or fixed term lease and how long you have lived there. If you do not live in the PTL jurisdiction the LL is not obligated to pay moving expenses. If the new buyer is not going to live in the house he/she takes the property with any existing lease [see the statute at the top of this page]. All LL/Owners must abide by the statutes on evicting [see above]. You have a right to a 24-hour notice [see above]. All of your questions are answered above. If you are uncertain about the law, I suggest you contact your nearest Legal Aid center for legal advice for only a licensed attorney can give legal advice. https://answers.justia.com/

      GL

  • cathy healy

    If you are a renter and have a medical injury and now need a ramp and a door frame removed into bathroom so you are able to get into the home and into the bathroom, with your wheelchair Is the landlord able to evict you from the home if they do not want to make the modifications to the home?

  • Anita

    I live in portland in a apt complex since they came with the new law the landlords only being able to raise 10% our labdlord made us all sign new leases witch now included water garbage and sewer. I live in a studio apt its just me with my rent and utilities im paying a 1000.00 dollars amonth and everytime he raises the rent so does he with the utilities im on SSI i cant save money to move and now in Violation of lease because i was able to pay the rent portion but not the 70.00 for utilities is there something i can do or someone to help me cause i cant even get help with agencies because the watet and garbage is all in his name. Landlords are finding ways to still get thier money and still hurting us.

    • Akakai

      He cannot “force you to sign a new lease” unless the old one’s term has run out.

      Tenant lawyer phone: 503 295 3651

      Community Alliance of Tenants: 503 280 5401

      Also call Portland Tenants United

  • Deborah Wilson

    I just handed keys in after renting a place over a year, month to month. When I asked the manager to do a walk through with me, she said they never do that the day tenant moves out and turns in keys…I told her I got everything done and wanted to do the walk through today (called her yesterday) rather than tomorrow because I knew it was her one day off. I’ve never heard of someone refusing to walkthrough the day keys are turned in!

    • Jim

      Hi Deborah. Really not that unusual. I’m not absolutely sure but I don’t believe there is any law in OR that regulates when, if ever, a LL must do a walk through. We usually try to schedule ours immediately after they have removed all furnishings so we can see everything. Sometimes there are missed items that show up days after the tenant vacates. That is why OR law allows the LL up to 31 days after the tenant vacates in which to refund their sec dep. It is always best to take photos of the rental unit on vacating and even have a friend with you as a witness to protect you from having to pay for things that you did not damage. I must say that 90%+ of our tenants get 100% of their Sec Dep refunded. Good luck to you.

  • Elise

    Hello,

    I vacated a residence after 2.5 years of living there on February 1st. I repaired, painted, cleaned, and left the house in good condition. I received only a tiny amount of the original deposit back and received an invoice that did not included a full accounting of what the LL claims it was used for, and now 2 months later they want to bill me for the remainder of the deposit. Is it true that they can issue additional charges for a year after the tenancy ended?
    My Thanks.

  • Sarah

    Is there a certain amount of time mandated by law that a property management company must provide the new lease to tenants whose lease is about to be up? I didn’t get a single email or notice for a new lease agreement and emailed asking for one 3 times, so I gave my notice. Now they are telling me that because I didn’t give 30 days notice, that I owe the rent for this month we are currently in. Advice would be wonderful!

    • Akakai

      You really need to talk to a lawyer; two tenant lawyer numbers: 503 295 3651; 503 592-0606.

      Community Alliance of Tenants: 503 280 5401

      I believe that if a lease expires without renewal it automatically goes to month to month at SAME rent as the lease. Under the new law Senate bill 608 already in effect, f you were there over one year and they don’t renew, you get one month rent as damages and a check for that amount has to be included in the failure to renew notice; if they evict without just cause you get three months, but you would have to go to court. Since you gave notice, it might negate their responsibility for the month damages. You might pay the month rent and be able to rescind your notice; TALK TO A LAWYER.

  • Alan Burrows

    Verbal agreement I would fix house for rent did everything then he tried to evict I prevailed at trial one week ago what do i do now have not talked to Ll or management

  • Cortley

    My property managers and accounting office keep tell me that we have a deadline of 5 days (# of days changes based on who you ask) per law to cash/receipt in funds given to us by prospective tenants/tenants. After that we have to return the check.

    But when they try to find the law to clarify what exactly the law says, they can’t find anything. I can’t find anything either in law or online.

    Can someone help me find where this is? This is not regarding refunding security deposits at end of tenancy, this is when they give us check to put down a holding deposit, or prepaid rent and security deposit before move in.

  • Jane

    I own a home that I’m renting out through a property management company. They found a tenant who signed a lease, but then the tenant backed out a few days before moving in. The property managers say the tenant put no money down and had no obligation until the lease started. Signing the lease just held the property for them. Is this legally correct in Oregon, and is it a normal way to conduct business?

  • Noella Green

    Can my employer/landlord, because I was a live in caregiver for 7yrs? Kick me out with no notice?I live where I reside as a care giver for 5 special needs women for 7 years they closed the doors but told me that I could stay and open up the place in my own name and run my own group home I put a lot of money into the house and I took care of the house for 10 months now they’re evicting me out of the blue with no notice no contract . They want to sell the house now instead.

Join the Discussion

Your email address will not be published. Required fields are marked *

 characters available. Be short, sweet and to the point.