Oregon Home Rental Laws

The Oregon Residential Landlord and Tenant Act, Chapter 90 of the Oregon Revised Statutes, governs residential rental transactions. Landlords must comply with the federal and Oregon housing discrimination laws and cannot refuse housing to tenants based on disability, race, family status, gender, age, national origin or religion, unless they provide senior-only housing intended for tenants age 62 or older.

Tenants' Rights

    Under Oregon law, landlords must give tenants at least 24 hours' notice before they can enter homes unless they need entry to address emergency repairs or their leases allow them to enter the grounds to maintain their exterior premises and to perform yard work. Tenants have a right to peaceful enjoyment of their homes, and landlords cannot interfere with their rights of private and peaceful enjoyment. Tenants also have a right to habitable property that is safe and free of pests, sanitary and in compliance with local codes. Landlords must ensure that their utilities, wiring, heating, plumbing and insulation are in working order.

Leases and Fees

    Landlords and tenants can enter into oral or written leases. For month-to-month tenancies, either party may terminate the tenancy by providing 30 days' written notice in advance of termination. For year-to-year tenancies, either party can end the agreement by providing 60 days' written notice before the lease can automatically renew. Landlords can charge application fees for running credit or background checks but must provide written notice to prospective tenants disclosing their screening criterion, the screening process, the number of applications under consideration and the process for disputing credit or background information. A landlord cannot charge a tenant an application fee unless he has a home available to rent. Tenants can sue their landlords who violate the Oregon application disclosure laws for the fees charges and an additional $100 penalty fee in a small claims court.

Security Deposits

    Landlords can charge tenants an unlimited amount as upfront security deposits but must return a deposit within 31 days after termination or vacancy. To legally deduct from a tenant's application fee, the landlord must provide a written statement of how the fee will be returned and kept. Oregon law does not require landlords to conduct pre- and post-tenancy inspections, but tenants may request them. A landlord can deduct from a tenant's security deposit to cover reasonable charges for damage or excessive cleaning fees.

Landlords' Rights

    Landlords have a right to provide 24 hours of written notice to vacate when tenants have committed illegal acts on their premises; committed bodily injury or property damage; or interfered with another tenant's right to private enjoyment. Under Oregon law, landlords must give tenants at least 72 hours to "pay or quit" if tenants are seven days or more behind in their rent payments. If a tenant is five days behind, her landlord can give her 144 hours' written notice to pay or quit.

Considerations

    Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.



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