In the state of Oregon, a lease or rental agreement is established after a landlord accepts a rent payment in exchange for allowing a tenant to inhabit their property. And once this is done, both landlords and Oregon tenants obtain certain rights and responsibilities under the Residential Oregon landlord-tenant law.
As a landlord in Oregon, it’s important that you familiarize yourself, as well as your tenant, with the Oregon laws and landlord-tenant law. It is important you abide by these laws to avoid all aspects of housing discrimination. This can not only help you perform your landlord duties better, but can also help you avoid legal issues with your tenant.
Required Landlord Disclosures
Oregon landlords have a responsibility to provide their residents with certain information. The information is as follows.
- Disclosure on the use of lead-based paint. This is a federally required disclosure requiring landlords renting out homes built prior to 1978 to inform their residents about lead paint.
- Disclosure on the contact information of the parties responsible for managing the property.
- Disclosure on flood zones. You must let prospective tenants know about whether your property lies in a floodplain.
- Disclosure on smoking policy. If you have a smoking policy, you must let prospective tenants know about it before moving in.
- Disclosure on utilities. You must let prospective renters know about how utilities are going to be shared.
- Disclosure regarding pending suits. If your property has four or fewer units and a known suit is pending, you must let prospective residents know about any outstanding notices regarding the suit.
- Disclosure on maintenance of a carbon monoxide alarm. You must let prospective tenants know that they will be responsible for maintaining the carbon monoxide alarm on their unit.
- Disclosure on the manner in which you’ll hold their deposit. This is only applicable to landlords in Portland. They must let prospective residents know about the name and address of the financial institution that will hold their deposit.
Tenants’ Rights & Responsibilities in Oregon
An Oregon tenant has the following rights under the state’s residential landlord-tenant laws. The right to:
- Live in a property that abides by Oregon's warranty of habitability.
- Live in peace and quiet in accordance with the Implied Covenant of Quiet Enjoyment.
- Be evicted through a judicious process.
- Have their deposit returned no later than 31 days after moving out.
- Terminate their lease for certain legally justified reasons, such as when beginning active military duty.
- Notified 30 days in advance prior to a rent increase.
- Be treated without any form of housing discrimination on the basis of certain protected classes.
- Be notified 24 hours in advance prior to landlord entry.
- Be served the aforementioned disclosures prior to signing the lease and moving into the rented premises.
Equally, an Oregon tenant has their fair share of responsibilities as well. They have a responsibility to:
- Maintain all fixtures and ensure they are clean and sanitary.
- Keep their rented unit in a safe and habitable condition.
- Use all facilities and appliances for their intended purpose.
- Conduct waste disposal in a clean, safe, and legal manner.
- Take care of small repairs and maintenance.
- Change batteries in smoke detectors and carbon monoxide twice a year.
- Not to cause negligent or careless damage to the unit.
- Not to cause disturbance to other tenants or neighbors.
- Notify the landlord when looking to move out.
- Pay rent on time in accordance with the lease agreement.
- Abide by all terms of the lease agreement.
Landlords’ Rights & Responsibilities in Oregon
Landlords in Oregon have the following rights. A right to:
- Evict a tenant for failing to comply with the provisions of the lease agreement.
- Draft a lease agreement that’s in accordance with all relevant laws.
- Require tenants to pay a security deposit prior to moving in.
- Raise rent by up to 7% annually, except for units that are less than fifteen years old.
- Enter their tenant’s unit to perform important responsibilities.
- When it comes to responsibilities, the following are some of the things that you’re required to do.
- Provide a home that meets all applicable safety, health and structural codes.
- Evict tenants by following the proper eviction procedure.
- Respond to maintenance requests within 7 days for essential services and 30 days for all other issues.
- Provide your tenant with the aforementioned disclosures prior to allowing them to move in.
- Abide by the Oregon security deposit laws.
- Abide by all terms of the lease agreement.
Overview of the Oregon Landlord-Tenant Law
1. Landlord Entry
Landlords in Oregon have a responsibility to provide their tenants with a 24 hours’ advance notice prior to entering their rental property. In the notice, you must also let your tenant know about the time and reason for the entry.
2. Housing Discrimination
Tenants in Oregon are protected against all forms of housing discrimination on the basis of certain protected classes. They include race, color, nationality, religion, marital status, disability, income source, sexual orientation, and gender identity.
The state’s antidiscrimination law is administered by the Oregon Bureau of Labor and Industries Civil Rights Division.
3. Rent Control
Oregon is among the few states in the United States that has a statewide rent control law in place. It only applies to rental increases and does not apply to rent price.
4. Early Lease Termination
Tenants in the state of Oregon can break their lease early in certain legally justified scenarios. They include: active military duty, domestic violence, landlord harassment, or an uninhabitable unit.
In each case, they must meet certain requirements in order to move out without any further responsibilities in regards to rent payment.
5. Security Deposits
Landlords who require a security deposit have a responsibility to abide by the state’s security deposit rules and landlord-tenant law. Among other things, the rules specify things like:
- The maximum security deposit a landlord can charge.
- When you must return it.
- The deductions you can make from it.
- The penalties you may be liable for if you wrongfully withhold it.
6. Tenant Evictions
Landlords have a right to evict their renter for violating the terms of the agreement. Common lease violations in the state of Oregon include:
- Nonpayment of rent.
- Excessive property damage.
- Falsified information on the lease agreement.
- Failure to leave after the lease ends after the term.
You must follow the proper eviction procedure when evicting an Oregon tenant for any of these reasons.
If you have any question regarding any aspect of the Oregon landlord-tenant law, Campus Connection Property Management can help. We are a comprehensive property management company serving Eugene and the surrounding areas. Get in touch to learn more about how we can help you achieve stress-free property management!
Disclaimer: This information isn’t a substitute for professional specific legal advice from a qualified attorney. Also, laws change and this information may not be updated at the time you read it.