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Oregon Rental Lease Agreements | Laws

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.

Contents

Agreements: By Type (6)

Commercial Lease Agreement – This document is a legally binding contract for the rental of commercial space by an entity or individual.

Download: PDF, Word (.docx), OpenDocument

 


Rent-to-Own Agreement (Lease Option) – A rental agreement that gives the tenant the option to purchase the property.

Download: PDF, Word (.docx), OpenDocument

 


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.

Download: PDF, Word (.docx), OpenDocument

 


Roommate Agreement – A roommate agreement is used by individuals who share a residence to make firm rules regarding payments, housework, and behavior.

Download: PDF, Word (.docx), OpenDocument

 



Sublease Agreement – Used by tenants to rent out space in their rental unit to another individual.

Download: PDF, Word (.docx), OpenDocument

 


Disclosures (9)

  1. Carbon Monoxide Alarm
  2. Condition Report (Portland Only)
  3. Disclosure of Legal Proceedings
  4. Identity Disclosure
  5. Lead-Based Paint
  6. Recycling Instructions
  7. Smoking Policy
  8. Utility and Service Disclosure
  9. 100-Year Flood Plan

1) Carbon Monoxide Alarm Instructions

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.

2) Condition Report (City of Portland Only)

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.

3) Disclosure of Legal Proceedings

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.

4) Identity Disclosure

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.

5) Lead-Based Paint Disclosure

Informs tenants that the leased premises may contain toxic paint. This disclosure is required if the property was constructed prior to 1978.

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6) Recycling Instructions

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.

7) Smoking Policy

The landlord’s smoking policy must be included in the lease agreement.

8) Utility and Service Disclosure

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.

9) 100-Year Flood Plain

The landlord is required to disclose in the lease agreement if a property is situated in a 100-year flood plain.


Landlord-Tenant Laws


Landlord’s Access

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.


Rent

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.

Rent Increase Notice (§ 90.220(7)(a) and § 90.323) – At least ninety (90) days’ notice is required before a landlord can raise a tenant’s rent (seven (7) days’ notice for week-to-week leases).


Security Deposits

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.