Oregon Lease Agreement Template

1. Person Authorized to Manage the Premises – The lease must include the name and address of the individual authorized to manage the property.^[1]

2. Smoke & Carbon Monoxide Alarms (conditional) – If the property is equipped with smoke or carbon monoxide alarms, the landlord must provide the tenant with written instructions on how to test the alarms to ensure they are functioning properly.^[2][3]

3. 100-Year Flood Plain (conditional) – If the residence is located in a 100-year flood plain, the landlord must convey this information to the tenant in a written notice.^[4]

4. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – This applies to residential units built prior to 1978. Landlords and managers are required to issue this disclosure form to all members of the lease agreement.^[5]

5. Condition Report (City of Portland ONLY) – If the tenant pays a security deposit, the landlord and tenant must agree to a mutually convenient time to walk through the property to create a condition report. It should include the current condition of all fixtures, appliances, and personal property. If the tenant cannot meet at an agreeable time, the landlord must provide a completed condition report with photos and submit it to the tenant. The tenant has 7 days from the commencement date to submit a Condition Report Addendum to make any claims of damage or defects that the landlord did not include in the original condition report.^[6]

6. Outstanding Notices/Pending Suits (conditional) – If the property has four or fewer residential units, the landlord must inform the tenant of any outstanding notice of default or pending foreclosure on the property.^[7]

7. Recycling Instructions (conditional) – For all multi-family units of five or more units located in an urban growth boundary, the landlord must instruct the tenants on recycling using containers or depots.^[8]

8. Security Deposit Receipt – The landlord must provide a receipt for any security deposit the tenant pays.^[9] This security deposit must also be listed in the lease agreement.^[10]

• City of Portland (Receipt) – The landlord must provide a receipt for a security deposit within two weeks of receiving it. The receipt must include the name and address of the bank where the funds were deposited.^[11]

9. Smoking Policy – The lease agreement must disclose the smoking policy for the premises.^[12]

10. Utility/Service Fees (conditional) – If there is any utility or service that the tenant pays for that benefits the landlord or other tenants, this must be disclosed in writing at the beginning of the lease term.^[13]

11. Addendum Regarding Written Notices – For a landlord to have the option of emailing written notices to the tenant, the tenant must agree and sign this addendum providing their consent to receive email notices.^[14]

Maximum Amount – There is no statewide limit.

• City of Portland – Maximum amount equal to one month’s rent or one-half of one month’s rent if the last month’s rent is required.^[15]

Collecting Interest – Oregon state law does not require the landlord to collect or pay interest on a security deposit.

• City of Portland – If the security deposit is deposited into an interest-bearing account, all interest collected must be to the benefit of the tenant.^[16]

Receipt – The landlord must provide the tenant with a receipt for the security deposit.^[9]

• City of Portland – The security deposit receipt must include the bank’s name and address of where the funds are held.^[16]

Returning – The landlord must return the security deposit, minus any withheld amounts, to the tenant within 31 days of the end of the lease term.^[17]

• Itemized List – Within 31 days of the end of tenancy, the landlord must provide the tenant with a written statement accounting for any portions of the security deposit that were withheld to cover the costs of damages or unpaid rent.^[18]

Grace Period – Oregon state law establishes a four-day grace period in which a tenant cannot be charged a late fee for not paying rent.^[19] On the fifth day that rent has not been paid, the landlord may give a 10-day or 13-day notice of nonpayment.^[20]

Maximum Late Fee – The landlord may charge the tenant at a rate of 5% of the monthly rent for each succeeding five-day period when rent is not paid.^[21] Alternatively, the landlord may simply impose a flat rate at a “reasonable amount.”^[22]

NSF Fee – The landlord can charge up to $35 for a bad check written by the tenant.^[23]

Withholding Rent – If the landlord fails to repair a minor habitability defect, Oregon state law gives tenants the right to pay for the repairs on their own and deduct up to $300 from their next rent payment.^[24]

Standard Access – The landlord must give the tenant 24 hours’ notice prior to entering the property for any non-emergency reason.^[25]

Immediate Access – The landlord may enter the property without giving notice to or seeking the consent of the tenant in the case of an emergency. However, the landlord must inform the tenant of their entry within 24 hours.^[26]

Absence – A lease agreement may require that a tenant give notice of any anticipated extended absence in excess of seven days.^[27] If the tenant fails to give this notice, the landlord may recover actual damages from the tenant.^[28]

Breaking the Lease – A tenant may terminate the lease without penalty if they are enlisting for or terminating active service in the military,^[29] a state militia member called into active service,^[30] or a victim of domestic violence, sexual assault, or stalking.^[31]

Tenant’s Utility Shutoff – If the tenant fails to pay for utilities as required by the lease, the landlord may serve a 14-day notice to pay for utilities or to quit the premises.^[32] If this is a second offense, the landlord may serve a 10-day notice to quit.^[33]

Unclaimed Property – The landlord must store any personal property left behind by a tenant and send written notice to their last known address. If the tenant fails to respond to the notice within five days or to recover their property within 15 days, the landlord may dispose of or sell the abandoned property.^[34]