An Oregon lease agreement is a contract that relays the terms of a rental arrangement whereby the tenant will pay the landlord for the use of residential or commercial space. The document will need to contain all of the landlord’s terms, including late fees, the payment of utilities, smoking policy, prohibited activities, security deposits (if any), and any furniture and appliances included with the rental. Any terms that are not written in the lease may not be legally enforceable if the tenant refuses to follow them. The contract is only valid if both parties sign and it conforms with state law regarding lease agreements.
Rental Application – By implementing this form in their screening process, landlords can easily compile a potential tenant’s personal information, references, and rental history.
Commercial Lease Agreement – This document is a legally binding contract for the rental of commercial space by an entity or individual.
Rent-to-Own Agreement (Lease Option) – A rental agreement that gives the tenant the option to purchase the property.
Month-to-Month Lease Agreement – A monthly lease that offers flexibility in not having a set term; however, it doesn’t provide the same security as a standard annual lease.
Roommate Agreement – A roommate agreement is used by individuals who share a residence to make firm rules regarding payments, housework, and behavior.
Standard (1-year) Lease Agreement – A standard lease agreement is used for the rental of residential property with a one (1) year term and monthly rent payments.
Sublease Agreement – Used by tenants to rent out space in their rental unit to another individual.
The landlord is required to disclose in the lease agreement if a property is situated in a 100-year flood plain.
If the rental property has a source of carbon monoxide on-site, the landlord must provide a carbon monoxide alarm and a pamphlet that explains how to test the device.
If the tenant is charged a security deposit, they may provide the landlord with a report detailing the condition of the premises within seven (7) days after the lease commences. If the tenant fails to deliver a report, it must be completed by the landlord and delivered to the tenant along with digital photos of the premises within seventeen (17) days following the lease commencement date.
If a rental property has four (4) or fewer rental units, the landlord must disclose any outstanding notice of default, pending foreclosure, or other proceedings against the property.
The landlord must provide the tenant with the name and address of the property manager, and that of the owner or an agent of the owner who is authorized to accept notices, demands, and service of process.
Informs tenants that the leased premises may contain toxic paint. This disclosure is required if the property was constructed prior to 1978.
At least once a year, landlords must provide their tenants with instructions on the building’s recycling system. This disclosure is applicable only if the property in question has five (5) or more rental units and is located within an urban growth boundary.
The landlord’s smoking policy must be included in the lease agreement.
If any of the tenant’s utility or service fees will benefit the landlord or other tenants (by being delivered to anywhere outside of the tenant’s rental unit), this must be clearly stated in the lease agreement.
General Access (§ 90.322(1)(f)) – The landlord must give the tenant notice at least twenty-four (24) hours before accessing their rental unit.
Emergency Access (§ 90.322(1)(b)) – The landlord has the right to enter the rental unit without consent for emergency purposes.
Grace Period (§ 90.260(1)(a)) – Landlords must wait until rent is four (4) days late before charging late fees.
Maximum Fees ($) (§ 90.260(1) and (2)) – There are three (3) options for late fees:
- One (1) flat fee that is “reasonable” for the rental market; or
- A daily fee that is up to six percent (6%) of the flat fee; or
- A fee equal to five percent (5%) of the monthly rent charged every five (5) days.
Maximum Amount ($) (§ 90.300) – There is no limit on the amount a landlord can require for security deposits.
- City of Portland Only (§ 30.01.087(A)(1)) – If the tenant prepays last month’s rent, the landlord can charge a maximum of half of one (1) month’s rent. If the tenant does not prepay last month’s rent, the landlord can charge up to one (1) month’s rent.
Returning to Tenant (§ 90.300(12) and (13)) – The landlord must return deposits within thirty-one (31) days from the date that the tenancy is terminated and the tenant surrenders the property.
Interest Required? – No statute.
Separate Bank Account? – No statute.