The following links are intended to help you answer some of your questions about landlord and tenant law. The information provided here does not cover all situations and should not be used as a substitute for specific legal advice. Please also note that there have been many recent changes in this area of law in Oregon and some of the issues are currently being reviewed by our pro bono counsel. Each topic below includes a date so you can see when it was last reviewed. Maximum deposit amount: No state law. Landlords cannot charge or increase a deposit in the first year of a tenancy unless the landlord and tenant agree to change the lease to allow for the presence of a pet or for some other reason. (Or. Reverend Stat. § 90.300(5(a)) Early Cancellation Fee: Landlords may charge any tenant who terminates the lease without giving reasons up to 1.5 times the monthly rent. Tenants are responsible for the rent for the rest of the lease if they decide to evict. However, landlords should try to find an acceptable tenant [according to their normal tenant screening requirements] to mitigate the damage.

(Or. Rev. Stat. § 90.302(2e)) Rental Conditions: If a rental agreement does not specify a weekly rental or a fixed-term rental, the rental is automatically a monthly rental. (Or. Rev. Stat. § 90.220) Evictions: Oregon landlords must notify their tenants of the repair or termination and meet reasonable time limits by official notice before proceeding with lease termination and eviction for the following reasons (Or. Reverend Stat. § 90.392): Termination of lease: A tenant must give 30 days` written notice to terminate the tenancy before waiving a monthly lease. (Or.

Rev. Stat. § 90.427) If you already live in Oregon or are considering moving there, you should familiarize yourself with Oregon`s landlord-tenant laws. The following information is provided by the American Apartment Owners Association as a guide to landlord laws. You should always contact a lawyer to verify the accuracy of this information and ensure that Oregan`s landlord and tenant laws are up to date as they change frequently. The ORS is published every two years. Each edition contains all laws and legislative amendments passed by the Legislative Assembly during the regular session with odd numbers mentioned in the titles of the volumes of this edition. Leasing and leasing information Rental contracts can be concluded verbally and in writing.

They are both common and usually depend on the type of lease you choose. The revised statutes of Oregon are the codified statutes of the State of Oregon. Flooding: If a unit is located in a 100-year-old floodplain, the landlord must indicate in the residential unit rental agreement that the unit is located in the flood zone. (Or. Reverend Stat. § 90.228) Extensions: A landlord is not obliged to extend a rental agreement and may waive an unfounded eviction to terminate the tenancy if it is properly terminated. However, a landlord cannot refuse to renew a lease for a tenant who has filed a formal complaint with a government agency or who has been involved in organizing a tenant. (Or.

Reverend Stat. § 90.385) Landlord Regulation: If a written lease so provides, a landlord using the sub-meter billing method may require a tenant to pay the landlord incidental or service charges. A tenant has the right to review the utility`s billing records. (Or. Reverend Stat. § 90.536 and 90.538) Termination of the rental contract by a military: Members of the army or members in the service of the State may terminate a rental contract 30 days in advance (if it is proved that the tenant has been appointed for active service outside the territory for a period of more than 90 days). (Or. Reverend Stat. § 90.475) Copy of Rental Agreement: A landlord must provide the tenant with a copy of any written rental agreement and all changes and additions. (Or. Rev.

Stat. § 90.220(3)) Grace Period: Oregon allows a 4-day grace period. A landlord can set a longer grace period in their lease. (Or. Reverend Stat. § 90.260(1)) Tenant Obligations: A tenant must use all parts of the building according to the purpose for which they were designed and intended. to behave and to compel other persons on the premises, with the consent of the tenant, to behave in such a way that the peaceful enjoyment of the premises by the neighbours is not disturbed. (Or. Reverend Stat. § 90.325(1a)) Implied Warranty of Habitability: A landlord must maintain the unit in a habitable state at all times.

Additional Deposit Laws OR: A landlord must provide a tenant with a receipt for each deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a)) Murders/Deaths: Oregon landlords are not required by law to notify tenants of past deaths and are not subject to legal consequences after hiding these property details. (Or. Reverend Stat. § 93.275) House Bills 4204 and 4213 went into effect on June 30, 2020, during the first special session of the Oregon Legislature of 2020.

Legal use of deposit funds: Landlords can withhold money from the deposit due to unpaid rent or repaired damage to the premises caused by the tenant, with the exception of normal wear and tear. A landlord is not required to repair the damage before withholding the cost of the repair, but any labour costs they estimate must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for their own cleaning or repair work. Owners can deduct financial losses caused by the inability to rent the device during the repair or cleaning, provided that the repairs are carried out on time. (Or. Reverend Stat. § 90.300(7)) The implied warranty of Oregon habitability is given in Gold. Reverend Stat. § 90.320(1).

Occupancy limits: Occupancy policies must be reasonable in relation to the size of the unit and must not discriminate. (Or. Reverend Stat. § 90.262(3)) Rent deduction: A tenant may withhold rent if he or she does not provide essential services (water, heating, etc.). (Or. Rev. Stat. § 90.365) Rights of a mobile home owner who is threatened with eviction from a mobile home park depot and other information about fees It is almost unknown that owners do not charge fees or deposits in any form. There are many types of fees and deposits, so it`s important to learn the details. Landlord Tenant Handbook (Portland State University Student Legal Services) Entry Note: Except in an emergency, landlords must notify 24 hours prior to entry.

In case of emergency, owners can enter without notice, but must announce their entry within 24 hours. In this notification, they must explain the reason for entry, the date and time of entry, the nature of the emergency and the names of those who entered. (Or. Reverend Stat. § 90.322) Prepaid rent: Allowed. If the “last month rent” is paid in advance, it must be used for the last month of the rental. (Or. Reverend Stat. § 90.300(9)) Late Fees: Landlords have the right to charge a reasonable fixed fee from the 5th day of a late rental payment; OR a daily fee cannot be charged more than 6% of the one-time fixed fee; OR a fee of 5% of the monthly rental amount can be charged every 5 days from the 5th day. (Or. Reverend Stat.

§ 90.260(2)) Eviction Information Eviction is a process that few tenants are really familiar with and sometimes avoid due to their negative nature. It is important to be informed about these processes if they ever need to be experienced. Knowing expulsion can relieve stress when and when it happens. First of all, it is important to know that the process is the key to ensuring the smooth running of the eviction. The 2015 edition does not contain any changes to the law promulgated during the 2016 regular session of the Seventy-eighth Legislative Assembly. Legislative changes made through the 2016 regular session will be reflected in the 2017 edition of Oregon`s revised bylaws. Since the 2016 Regular Session Laws were not included in the 2015 edition, review both the 2015 edition and the 2016 Oregon Laws for the most recent version of the law. See instructions on how to use Oregon`s 2016 laws for more details on how to determine the current state of the law. Increases: There is no limit to how much a landlord can increase the rent. (Or. Rev. Stat.

§ 91.225) Do you currently have rental properties in the State of Oregon? If so, you should conduct appropriate checks for potential tenants. See the AAOA`s Tenant Screening Background Checks in Oregon for more information. Deposit Repayment Schedule: Landlords are required to return deposits to the landlord within 31 days of terminating the lease and delivering the rental unit. [Both conditions must be met The 31-day countdown begins.] Landlords must inform tenants of the reasons for withholding deposits. .