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An Oregon residential lease agreement is a legal contract between a landlord and a tenant for renting residential property. This document outlines the terms under which the landlord agrees to rent the property, typically for a fixed period, often one year. It includes essential details such as rental payment information, property description, tenant responsibilities, and various disclosures mandated by state law.

Required Disclosures

Oregon law mandates several disclosures in residential lease agreements to ensure tenants are informed about important aspects of the property. These disclosures include:

  1. Landlord’s Name and Address: The lease must include the name and address of the landlord or authorized agent for communication purposes.

  2. Carbon Monoxide & Smoke Detector Addendum: Landlords must inform tenants about maintaining smoke and carbon monoxide alarms, ensuring compliance with State Fire Marshal regulations.

  3. Flood Plain Disclosure: If the property is located in a 100-year flood plain, landlords must disclose this information to tenants.

  4. Lead-Based Paint Disclosure: For properties built before 1978, landlords must disclose the potential presence of lead-based paint and provide an EPA-approved pamphlet about lead hazards.

  5. Outstanding Notices/Pending Suits: Landlords must notify tenants of any outstanding notices or pending foreclosure suits if the property has four or fewer units.

  6. Recycling Instructions: For multi-family units with five or more units located in an urban growth boundary, landlords must provide recycling instructions to tenants.

  7. Smoking Policy: The lease must specify the smoking policy for the property, including designated smoking areas if applicable.

  8. Utility/Service Fees: Any shared utility or service fees must be disclosed to the tenant.

  9. NSF (Dishonored) Check Fee: If a landlord intends to charge a fee for a returned check, this must be specified in the lease, capped at $35.

  10. Addendum Regarding Written Notices: If tenants prefer to receive notices via email, this must be documented in writing.

Additional Mandatory Residential Disclosures in Portland

  1. Security Deposit Receipt: Landlords must provide tenants with a receipt for the security deposit, including the name and address of the bank where the funds are held, within two weeks of move-in.

  2. Move-In Condition Report: Landlords must provide a condition report to tenants in Portland to document existing property damages within seven days of move-in.

Security Deposit Laws

  • Maximum Amount: There is no state limit on security deposits; however, in Portland, the maximum is equal to one month’s rent or half of one month’s rent if the last month’s rent is required.

  • Receipt: Tenants must receive a receipt for their security deposit.

  • Returning Requirements: Security deposits must be returned within 31 days of the lease’s end. Landlords must also provide advance notice of any deductions.

Rent Payment Laws

  • Grace Period: Tenants have a four-day grace period for rent payments.

  • Maximum Late Fee: Late fees can be charged at a maximum of 5% of the monthly rent for each five-day period when rent is not paid.

  • NSF Fee: Landlords can charge up to $35 for a dishonored check.

Terminating a Lease

  • Month-to-Month Tenancy: Either party can terminate the lease by providing a 30-day notice.

Landlord Right of Entry

  • Notice Requirements: Landlords must provide at least 24 hours’ notice before entering the premises for non-emergency reasons.

Property Repairs

  • Landlord Responsibilities: Landlords must ensure the property is habitable and maintain essential services.

  • Tenant Responsibilities: Tenants must keep the property clean and maintained, and report any necessary repairs.

FAQs

In Oregon, landlords must provide several required disclosures in a residential lease agreement, including the landlord’s name and address, information about carbon monoxide and smoke alarms, flood plain disclosures, lead-based paint disclosures for properties built before 1978, and details about any outstanding notices or pending suits. Additionally, properties with five or more units must include recycling instructions and a smoking policy must be disclosed.

In Oregon, landlords must return a tenant’s security deposit within 31 days of the lease’s end or termination. If there are any deductions from the deposit, the landlord must provide an itemized list of those deductions along with the remaining deposit.

There is no state-wide limit on security deposits for rental properties in Oregon. However, in Portland, the maximum security deposit is capped at one month’s rent or one-half of one month’s rent if the last month’s rent is required.

Oregon law provides a four-day grace period for late rent payments. After this period, landlords may charge a late fee, which is capped at 5% of the monthly rent for each five-day period the rent remains unpaid.

No, lease agreements in Oregon do not need to be notarized to be legally binding. A lease is valid as long as it is written and signed by both the landlord and tenant.

Yes, a lease can automatically renew in Oregon. Typically, once the initial lease term ends, it transitions into a month-to-month rental agreement unless otherwise specified in the lease.

If a landlord fails to provide the required disclosures in Oregon, they may face legal consequences, including potential fines or penalties. This could arise from tenant lawsuits or enforcement actions by state officials, particularly for federally mandated disclosures like lead-based paint hazards.

An Oregon residential lease agreement should include the names and contact information of the landlord and tenant, the property address, lease duration, rent amount and payment terms, security deposit details, and any specific rules regarding pets, smoking, and utilities. It should also reference compliance with Oregon state laws.