Oregon Rental Lease Agreements
The Oregon Rental Lease Agreements are documents that authorize a landlord in the state of Oregon to rent a residential dwelling to a tenant, provided that particular conditions are met. Examples of such conditions include the payment of a specified amount of rent and certain landlord disclosures.
Neither party should make assumptions about the matters outlined by Oregon rental laws. For instance, Oregon has very precise stipulations regarding security deposits and landlord disclosures, as outlined below. Making assumptions could result in either party unintentionally breaking one or more terms of the lease.
Types of Agreements
Commercial Lease Agreement – Comprises of legal clauses that apply to commercial leases between a landlord and a business.
Lease to Own Agreement – A tenant that is a party to this agreement has the option to initially lease a rental property and later purchase it from the landlord.
Month-to-Month Rental Agreement – This type of lease offers greater flexibility in lease terms than that offered by a typical fixed term lease.
Roommate Agreement – From specifying quiet hours to steps for resolving conflict, roommate agreements can include a range of rules that are clearly written for all to respect.
Standard Residential Lease Agreement – A lease that is compliant with landlord-tenant laws dictated by Oregon state laws.
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Sublease Agreement – A legal document that functions to define the terms by which a tenant can act as a sublandlord and subsequently lease the property they rent to another party.
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What is an Oregon Lease Agreement?
An Oregon Lease Agreement acts as a legal acknowledgment by a landlord and tenant that they will follow certain lease provisions, lest they face penalties for not doing so. One of the most effective ways landlords can avoid problems with tenants in the first place is to be vigilant during tenant screenings. To do so, they should make use of a rental application to vet prospective tenants.
State Definition (§ 90.100(30)) – “means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental agreement shall be either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.”
When is Rent Due?
As outlined by § 90.220(7)(a), rent must be paid “at the time and place agreed upon by the parties.” Unless otherwise agreed, rent must be paid at the dwelling unit in equal monthly or weekly installments at the beginning of each month or week, depending on whether the tenancy is month-to-month or week-to-week. Periodic rent must be paid at the beginning of any term of one month or less and otherwise.
In accordance with § 90.260(1), tenants have four (4) days grace period before a landlord may charge a late fee for the late payment of rent.
Emergency (§ 90.322(b)): In emergency situations, a landlord is permitted to enter the rental dwelling “without consent of the tenant, without notice to the tenant and at any time.”
Non-Emergency (§ 90.322): To access the property in non-emergency situations, the landlord must provide the tenant with at least twenty-four (24) hours’ notice of their intent to enter, unless there is an agreement between the landlord and the tenant to the contrary. The landlord may also only enter at reasonable times.
- Flood Disclosure (§ 90.228): Should the rental dwelling be located in the 100-year Flood Plain, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency, the landlord must disclose this fact to the tenant.
- Lead Paint Disclosure: Pursuant to federal law, landlords are obliged to inform tenants of any known lead paint hazards in rental dwellings constructed prior to 1978. Furthermore, landlords must provide them with a specific government-issued resource that details the matter.
- Outstanding Notices/Pending Suits (§ 90.310): If a rental dwelling is in a premises containing no more than four (4) dwelling units, the landlord must disclose to the tenant in writing before the execution of the rental agreement if the dwelling is subject to any of the following circumstances:
(a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee’s sale under a trust deed;
(b) Any pending suit to foreclose a mortgage, trust deed or vendor’s lien under a contract of sale;
(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or
(d) Any pending proceeding to foreclose a tax lien.
- Names and Addresses (§ 90.305): The landlord is required to disclose to the tenant in writing, at or before the commencement of the tenancy, the names and addresses of the person authorized to manage the premises in addition to the owner of the premises or a person authorized to act for and on their behalf.
- Recycling (§ 90.318): Landlords of five (5) or more residential dwelling units on a single premises or five (5) or more manufactured dwellings in a single facility that are located in an urban growth boundary must provide information about recycling processes.
- Smoking Policy (§ 479.305): The lease agreement must include a disclosure of the rental dwelling’s smoking policy. Namely, the disclosure must state “whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises.” If smoking is allowed in limited areas, the areas where it is must be indicated in the disclosure.
- Utility/Service Fees (§ 90.315(2)): A landlord must disclose to the tenant any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. They must make the disclosure in writing at or before the commencement of the tenancy.
Security Deposit Laws
Maximum: State law does not specify an upper limit to the amount a landlord may demand a tenant to pay as a security deposit. According to § 90.300, the landlord may not change the rental agreement to require the tenant to pay a new or increased security deposit during the first year after the tenancy has begun. If the landlord wishes to charge a new or increased security deposit after the first year, they may do so. However, they must give the tenant three (3) months to pay this deposit.
As provided by § 90.300 (4), a landlord may charge a pet deposit to tenants who are keeping pets in the rental dwelling. This deposit is not applicable to tenants with service animals.
Returning to Tenant (§ 90.300 (13)): The landlord is required to return the security deposit to the tenant no later than thirty-one (31) days after the tenancy terminates and the tenant delivers possession to the landlord.