An Oregon standard residential lease agreement is used to define the terms of a rental arrangement whereby a landlord leases residential property to a tenant for a fixed period. The document relays the duration of the agreement (the standard is twelve (12) months), the monthly rental price, and the rights and responsibilities of both parties. Any utilities and appliances included with the rental will also be listed. If the landlord requires the tenant to pay security and pet deposits, first and last month’s rent, or late and non-compliance fees, they must be stated in the lease as well. The agreement is legally binding once signed, and breaking its terms may result in legal and financial repercussions.
Rental Laws – Chapter 90 (Residential Landlord and Tenant)
Handbook (Guide) – Landlord-Tenant Law in Oregon
Contents |
Security Deposits
Maximum – Not mentioned in state statutes.
Maximum (City of Portland Only) (§ 30.01.087(A)(1)) – Half of one (1) month’s rent if pre-payment of last month’s rent is required; one (1) month’s rent if pre-payment of last month’s rent is not required.
Returning (§ 90.300(13)) – Thirty-One (31) Days
When is Rent Due?
Rent must be paid on the first day of each rental period or as stated in the lease. Tenants are given a four (4) day grace period to pay rent before their landlord can charge them interest or late fees (§ 90.220(7)(a) & § 90.260(1)(a)).
Disclosures (9) |
If the rental unit is located in a 100-year flood plain, the landlord must disclose this information to the tenant in the lease agreement.
|
2) Carbon Monoxide Alarm Instructions If there is a source of carbon monoxide on the premises, the landlord is required to provide a carbon monoxide alarm as well as a pamphlet explaining how to operate the device.
|
3) Condition Report (City of Portland Only) If a security deposit is required, the tenant may submit to the landlord a report documenting the condition of the premises within seven (7) days after the initial date of occupancy. If the tenant fails to deliver such a report, the landlord must complete it and deliver it to the tenant along with digital images of the premises within seventeen (17) days after the lease start date.
|
4) Disclosure of Legal Proceedings Any outstanding notice of default, pending foreclosure, or other legal proceeding the property is subject to must be disclosed if the property has four (4) or fewer rental units.
|
The landlord must give the tenant the name and address of the property manager and the owner or a representative of the owner who is authorized to receive court-issued documents, notices, and demands. This information must be disclosed either before or upon the start of the lease term.
|
6) Lead-Based Paint Disclosure Used to disclose the existence of lead paint on the premises. If the property was constructed before 1978, federal law requires the landlord to provide this information to tenants.
|
Landlords must provide recycling instructions to their tenants at least once a year if the property has five (5) or more rental units and is situated within an urban growth boundary.
|
The lease agreement must include a smoking policy for the premises that identifies the areas where smoking is permitted.
|
9) Utility and Service Disclosure If the tenant pays a utility or service fee that directly benefits the landlord or other tenants, this must be disclosed to the tenant in the rental agreement.
|