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Oregon Rental Lease Agreements | Residential & Commercial

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The Oregon rental agreements are between a landlord willing to lease residential or commercial property to a tenant willing to pay monthly rent. The agreement must be written in accordance with State laws (Title 10, Chapter 90 (Residential Landlord & Tenant). Upon the landlord and tenant signing the agreement, it becomes binding to each party. Any termination, default, and eviction must be processed through the Oregon Circuit Court.

Rental Application – This form outlines a potential tenant’s employment, credit, and background status including any references the landlord may request. It is the job of the landlord to verify that the tenant is qualified and credible for their property.

Table of Contents

Agreement Types (7)

Commercial Lease Agreement – Typically for a business that occupies retail, office, or industrial type of space.

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Lease with Option to Purchase Agreement – Residential form that is for a specified amount of time with added language for the purchase of the real estate according to agreed upon terms.

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Month to Month Lease Agreement (§ 91.070) – Known as a “tenancy-at-will” which has a commencement date and can be terminated with thirty (30) days notice by lessor or lessee.

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Room Rental (Roommate) Agreement – For the renting of bedrooms amongst members of a housing unit that share common areas such as the living room, balconies, yard, storage space, etc. This form outlines the chores/duties of each roommate in addition to how much they have to pay for their bedroom and the amount for services and utilities.

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Standard Residential Lease Agreement – Most common type of rental contract with an exact beginning and end date. For most all homes and is usually one (1) year in length.

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Sublease Agreement – The act of a tenant seeking another person to occupy the space they have under agreement with a landlord. The act, known as ‘subletting’, must usually be approved by the lessor.

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Termination Lease Letter (§ 91.070)- Official notice used to cancel a month-to-month tenancy by the landlord/tenant serving the other party with at least thirty (30) days’ notice.

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Authorized Acts (§ 90.305) – Person allowed to act in the presence of the landlord or any individual allowed on the premises.

Carbon Monoxide Alarms (§ 90.316) – If the property has a carbon monoxide source due to a heater, appliance, or any other type of carbon-emitting unit the landlord must fit the premises with carbon monoxide alarms pursuant to the State Fire Marshal’s rules. In addition, if the alarms are battery-operated, the landlord must provide new batteries at the commencement of the tenancy.

Flood Plain (§ 90.228) – If the residence is located in the 100-year Flood Plain then the landlord must convey this information to the tenant.

Lead-Based Paint – Only applicable to all residential units built prior to 1978. Landlords and managers are required to issue this disclosure form to all members of the lease agreement.

NSF (Dishonored) Check (§ 30.701) – If the landlord is to charge a fee to the tenant for a check written that does not clear it must state the fee but cannot be more than thirty-five dollars ($35).

Outstanding Notices/Pending Suits (§ 90.310) – If the property has four (4) or less residential units then the landlord must inform the tenant of the following (if applicable):

  • Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustees sale under a trust deed;
  • Any pending suit to foreclose a mortgage, trust deed or vendors lien under a contract of sale;
  • Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or
  • Any pending proceeding to foreclose a tax lien.

Recycling (§ 90.318) – For all multi-family units of more than four (4) units and located in an Urban Growth Boundary (click the map) the landlord must provide instructions to the tenants on the ways to recycle.

Smoking Policy (§ 90.220) – The landlord must let all tenants be aware of the rules on smoking on the premises by issuing a Smoking Policy Guide (Adobe PDFMS Word). The landlord and tenant must initial and sign.

Utility/Service Fees (§ 90.315) – If there is any fee that is benefitting the landlord or other tenants that the tenant is obligated to pay for it must be listed in the agreement.


According to § 90.322 the landlord must grant at least twenty-four (24) hours’ notice to the tenant before entering their property for any non-emergency cause.

Security Deposits

Maximum – No State cap, landlord may ask for as much as desired.

Returning (§ 90.300) – The landlord has thirty-one (31) days to give the funds associated with the deposit back to the tenant.


(Video) What are the Oregon Rental Laws?