This is a summary of Oregon Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Oregon Revised Statutes and various online sources to serve as a reference and for people wanting to learn about Oregon landlord-tenant laws, Oregon eviction laws, and Oregon renters’ rights.
However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.
[cp_modal display=”inline” id=”cp_id_eb6c2″][/cp_modal]
Rules and Regulations Governing Oregon Landlord-Tenant Laws
- Or. Rev. Stat. § 90 – Residential Landlord and Tenant
- Or. Rev. Stat. § 91 – Tenancy
- Or. Rev. Statutes Vol. 03 § 90 to 130 – Landlord-Tenant, Domestic Relations, Probate
Oregon Lease Terms Provisions
- What is the maximum allowable security deposit?
There is no Oregon law limiting security deposits, and a landlord can charge a new security deposit upon the signing of a second lease after a year.
- Are security deposits required to earn interest?
No. There is no Oregon law requiring security deposits to earn interest.
- Do landlords need to store security deposits in a separate bank account?
No. There is no Oregon law requiring security deposits to be stored in a separate bank account.
- Are non-refundable fees, such as pet fees, prohibited?
No. There is no Oregon law forbidding non-refundable fees or limiting the amount that landlords can charge.
- How long do landlords have to return security deposits?
31 days. (Or. Rev. Stat. § 90.300 (13))
- Can landlords withhold security deposits?
Yes. Landlords can use the deposit to cover unpaid rent or damages beyond ordinary wear and tear. (Or. Rev. Stat. § 90.300 (7))
- Are landlords required to itemize damages and fees deducted from security deposits?
Yes. An itemized list, detailing the amount withheld must be sent by first-class mail within 31 days of the end of the lease. (Or. Rev. Stat. § 90.300 (12))
- Do landlords have to issue receipts upon receiving security deposits?
Yes. (Or. Rev. Stat. § 90.300 (2))
- Are there any specific requirements for record-keeping for deposit withholdings?
No. There is no Oregon law specifying record-keeping requirements.
- What happens when a landlord does not return a security deposit within the required timeframe?
The tenant may recover up to twice the amount of the money due if the security deposit refund and/or accounting is not returned within the required time frame. (Or. Rev. Stat. § 90.300 (16))
- Is there a cap on how much landlords can charge for rent? (rent control)
Yes. Other than week-to-week leases, the landlord cannot raise the rent during the first year of the tenancy. For buildings that have been occupied for 15 or more years, a landlord cannot raise the rent during any 12 months by more than 7% plus any rise in the Consumer Price Index above existing rent. (Or. Rev. Stat. § 90.323)
- Does rent need to be paid using a certain method of payment?
No. There is no Oregon law requiring a certain payment method for rent.
- Can landlords charge late fees when rent is late?
Yes. All late fees must be included in the lease terms. After the statutory grace period, landlords can choose to charge either 5% of the monthly rent every 5 days the rent goes unpaid, or a one-time reasonable flat fee, based on the area’s rental market, or a daily late fee no more than 6% of a one-time flat fee. (Or. Rev. Stat. § 90.260(1)-(2))
- Do landlords have to allow for a grace period for paying rent before charging late fees?
Yes. There is a 4 day grace period in Oregon. (Or. Rev. Stat. § 90.260(1))
- Can landlords charge application fees?
Yes. There is no Oregon law forbidding application fees or limiting the amount that landlords can charge.
- Can landlords charge returned check fees?
Yes. Landlords can charge a returned check fee of up to $35 plus whatever bank fees were incurred by the landlord. (Or. Rev. Stat. § 90.302 (2b))
Oregon Landlord-Tenant Relations
- Are landlords required to provide tenants with notice of rent increases between lease terms?
Yes. If a lease is month-to-month, a landlord must provide 30 days’ written notice of any increases. If the lease is week-to-week, the written notice must be given 7 days before the increase. (Or. Rev. Stat. § 90.220(7a))
- Are landlords required to provide tenants with notice of pesticide use on the property?
No. There is no Oregon law requiring landlords to provide tenants with notice of pesticide use on the rental property.
- What notice is required to terminate a fixed-end lease?
No notice is required — the lease ends on the date stated in the lease.
- What notice is required to terminate a week-to-week periodic tenancy?
There is no provision requiring notice to end a week-to-week tenancy in Oregon.
- What notice is required to terminate a month-to-month periodic tenancy?
Either the landlord or the tenant can terminate the tenancy with 30 days’ written notice unless the tenant has lived in the unit for more than a year, in which case 60 days’ notice is required. (Or. Rev. Stat. § 91.070 and §90.427)
- Is notice of the date and time of the move out inspection required?
There is no statute in Oregon law covering this issue.
- When can landlords enter the rental premises with notice?
- To inspect the premises.
- To make necessary or agreed to repairs, decorations, alterations, or improvements.
- To supply necessary or agreed services.
- Provide agreed yard maintenance or grounds keeping.
- To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
- During a tenant’s absence of greater than 7 days. (Or. Rev. Stat. § 90.322))
- What notice must a landlord give a tenant before entering the rental unit?
The landlord must provide 24-hour notice, as well as the reason that entry is requested, when entry will occur, and who will be entering the unit. (Or. Rev. Stat. § 90.322)
- When can landlords enter the rental premises without providing notice to their tenants?
- In case of an emergency, including a problem that if not fixed would cause serious damage to the property.
- The landlord must provide notice of the entry to the tenant within 24 hours of its occurrence, including the time of the entry, the reason for entering, and who entered the dwelling. (Or. Rev. Stat. § 90.322))
Landlord’s Duties (Or. Rev. Stat. § 90.320)
- Landlords must comply with applicable building and housing codes materially affecting health and safety.
- Landlords must make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.
- Landlords must keep all common areas of the premises in a clean and safe condition.
- Landlords must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.
- Landlords must provide and maintain appropriate receptacles for the removal of garbage and arrange for their removal.
- Landlords must supply running water and reasonable amounts of hot water at all times and reasonable heat.
- Landlords provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant’s person and property if requested by the tenant.
- Landlords must provide smoke detection devices and carbon monoxide detection devices.
- Landlords must ensure the dwelling has the following characteristics:
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
- Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
- Water supply is approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water.
- Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
- Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
- Building, grounds, and appurtenances kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
- An adequate number of appropriate receptacles for garbage.
- Floors, stairways, and railings are maintained in good repair.
- A locking mail receptacle for each residential unit in a residential hotel
Tenant’s Duties (Or. Rev. Stat. § 90.325)
- Tenants must comply with all obligations imposed upon tenants by building and housing codes materially affecting health and safety.
- Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
- Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.
- Tenants must keep all plumbing fixtures as clean as their condition permits.
- Tenants must use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises in a reasonable manner;
- Tenants must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so.
- Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
- Tenants shall maintain smoke detection devices and carbon monoxide detection devices.
Required Landlord Disclosures
- Landlords are required to disclose in writing the names and business addresses of:
- the person authorized to manage the premises.
- the owner of the premises (Or. Rev. Stat. § 90.305)
- The landlord must provide a copy of the lease, including any amendments or additions, in writing. (Or. Rev. Stat. § 90.322(3))
- Landlords must provide notice if a dwelling is located in a 100-year flood plain. (Or. Rev. Stat. § 90.2280)
- Landlords must provide notice if the dwelling is subject to any ongoing legal proceedings. (Or. Rev. Stat. § 90.310)
Oregon Renters’ Rights
- What are Oregon renters’ rights if landlords breach their duties? (See Landlord’s Duties)
If a landlord fails to provide any essential service, the tenant may give written notice specifying the breach, and state the tenant may seek substitute services, rent damages, or alternative housing. (Or. Rev. Stat. § 90.365)
- Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties according to Oregon Renters’ rights?
Yes, if a reasonable time after providing a landlord with written notice of a breach of essential services, a tenant may make repairs themselves and deduct the reasonable amount of repair from their rent. Tenants may recover costs for alternative housing while waiting for the repair of an essential service makes a dwelling unsafe or fit to occupy. (Or. Rev. Stat. § 90.365)
- What are the protections for tenants against retaliation from their landlords for exercising their Oregon renter’s rights?
Oregon law prohibits landlords from terminating a lease or refusing to renew a lease if the tenant has complained to a governmental agency or if the tenant becomes a member of a tenant’s union or similar organization. (Or. Rev. Stat. § 90.385)
Oregon Eviction Laws
- What are the reasons that landlords can evict tenants under Oregon eviction laws?
- Nonpayment of rent
- Violation of lease terms / rental agreement
- Intentional misrepresentation of a material fact in a rental agreement or application
- A breach in the tenant’s duties materially affecting health and safety
- Illegal drug activity, criminal assault, or illegal firearm activity
- The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy)
- Illegal activity or the deliberate infliction of substantial damage to the property
- Failure to pay utilities
- Failure to provide the landlord reasonable access to the unit (Or. Rev. Stat. § 90.392-396)
- What notice do Oregon eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent of any non-week-to-week lease, a landlord must provide 72 hours’ notice if given on the eighth day of the rental period, or 144 hours’ notice if given on the fifth day of the rental period. (Or. Rev. Stat. § 90.394)
- For evictions based on a lease violation, the rental agreement is terminated 30 days after written notice is provided to the tenant unless the tenant has committed another violation of the lease within the past six months. Then, termination is after 10 days’ written notice. (Or. Rev. Stat. § 90.392)
- Do Oregon eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. If a landlord evicts a tenant using self-help methods, the tenant can choose to recover possession or terminate the lease and recover the greater of two months’ rent or twice actual damages. (Or. Rev. Stat. § 90.375)
- Are landlords permitted to recover damages from an evicted tenant under Oregon eviction laws?
Yes. Actual damages and injunctive relief are available to landlords in Oregon. (Or. Rev. Stat. § 90.401)
COVID-19 Changes to Oregon Landlord-Tenant Laws
- The CDC has passed a national eviction ban through December 31, 2020, that prohibits landlords from evicting tenants who meet the following criteria for nonpayment:
- Have used their best efforts to obtain all available government assistance for rent.
- Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return).
- Are unable to pay their full rent or make a full housing payment due to substantial loss of income or employment, or extraordinary medical bills.
- If evicted, will have no other housing options.
- The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act requires landlords to provide a 30-day notice to tenants before eviction. However, the CARES Act only applies to properties that are supported by the United States Department of Housing and Urban Development (HUD), the United States Department of Agriculture (USDA), or the United States Treasury (Low Income Housing Tax Credit), and properties with federally-backed mortgages, such as FHA, Fannie Mae, and Freddie Mac.
- Oregon has issued an executive order that prohibits eviction for non-payment and most other terminations without cause until December 31, 2020.
- Oregon Attorney General
- Oregon State Judicial Department
- Oregon Division of Financial Regulation
- Oregon Department of Consumer and Business Services
- U.S. Department of Housing and Urban Development – Oregon
- Oregon Real Estate Commission
- Legal Aid Services of Oregon
- Legal Aid Services of Portland
- OregonLawHelp.org – Landlord-Tenant Information
Attorney Referral Services
Realtor and Landlord-Tenant Associations