Lease Break Fee Law in Oregon

The Oregon legislature passed the Oregon Residential Landlord Tenant Act in 1973. The act is codified in the Oregon Revised Statutes. Oregon law allows landlords to charge nonrefundable application fees if they notify their tenants in writing of their screening criterion, their credit screening process and the total fees charged for screening. Oregon landlords can also collect security deposits from their tenants and use them to pay delinquent rent, incidental damages and for early lease termination.

Overview

    Oregon law allows landlords to enter into oral or written rental agreements with their tenants. If they use written leases, landlords must provide their tenants with signed copies. Furthermore, subsequent lease changes are ineffective unless landlords obtain a tenant's consent to those changes. Oregon law also requires landlords to provide their tenants with certain written disclosures. Landlords must provide their tenants with the name and address of their property managers, if any.

Late Fees

    Oregon landlords can charge their tenants late charge fees when they fail to pay their rent on time only when they notified their tenants of their late charge fees in writing. Landlords must notify their tenants the date rent is due, their specific late charge fees and when tenants must pay late fees. Oregon law limits late charge penalties to 6 percent per day.

Lease Termination

    Oregon law allows tenants to terminate their leases if their landlords fail to provide essential services after reasonable notice. Landlords have a duty to provide habitable living conditions, including providing running, potable water, adequate heating, working appliances, electricity, removing trash from their common areas and providing homes free of lead paint. Furthermore, landlords must maintain working smoke alarms, latched windows and locking doors.

Termination Notice

    Oregon's lease termination laws require landlords to provide their tenants with at least 30 days of written notice to terminate their month-to-month tenancies. Similarly, tenants can terminate their leases with at least 30 days' written notice in a monthly tenancy. Weekly agreements require a 10-day written termination notice. Landlords can prohibit early termination if their leases are for a year or more. Oregon law allows landlords to charge their tenants for unpaid rent and withhold part of their security deposits to deduct unpaid rent.

Fix or Quit Remedy

    Tenants can provide written "fix or quit" notices to their landlords notifying them of their intent to terminate their rental agreements if they fail to provide essential repairs or services within seven days or within 30 days for less serious defects.

Exceptions

    Oregon landlords may not be able to charge some tenants for prematurely terminating their leases. Oregon law allows active service members to terminate any lease with at least 30 days' written notice if called to service. Furthermore, Oregon law allows tenants to terminate any rental agreement, including those exceeding one year, if they provide at least 14 days of advance notice if they were victims of domestic abuse, sexual assault or victims of stalking.



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