Oregon Lease Agreements | Residential & Commercial

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An Oregon lease agreement is between a landlord seeking to lease residential or commercial property to a tenant willing to pay monthly rent. Upon the landlord and tenant signing the agreement, it becomes binding to each party. The landlord will commonly verify the tenant’s credit and employment before signing any type of agreement.

Rental Application – This form outlines a potential tenant’s employment, credit, and background status including any references the landlord may request.

Table of Contents

Agreement Types (7)


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

Download: Adobe PDFMS Word (.docx), OpenDocument

 

 


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.

Download: Adobe PDFMS Word (.docx), OpenDocument

 

 


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.

Download: Adobe PDF

 

 


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.

Download: Adobe PDF

 

 


Standard Residential Lease Agreement – Most common type of rental contract with an exact beginning and end date. Used for most tenancies that are for a one (1) year term.

Download: Adobe PDF, MS Word (.docx), OpenDocument

 

 


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.

Download: Adobe PDFMS Word (.docx), OpenDocument

 

 


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.

Download: Adobe PDFMS Word (.docx), OpenDocument

 

 


Disclosures

Person Authorized to Manage the Premises (§ 90.305) – An agreement must include the name and address of the individual that is authorized to manage the property. If any official notices are sent to the landlord, they will be sent to this person.

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 (See Guide). 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 Disclosure – 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.

Move-in Checklist (§ 30.01.087(D)(1)) City of Portland ONLY) – Landlord must give a move-in checklist to the tenant who will have seven (7) days from the commencement of the lease to complete it. If the tenant does not complete it, the landlord will be obligated to take digital photos and complete the checklist within seventeen (17) days and return it to the tenant.

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.

Security Deposit Receipt (§ 30.01.087(B)(1)) (City of Portland ONLY) – Within two (2) weeks after the landlord received a security deposit from the tenant a receipt must be returned to them. The receipt must detail the name and location of the bank where the funds are being held.

Smoking Policy (Adobe PDFMS Word) (§ 90.220) – The landlord must let all tenants be aware of the rules on smoking on the premises. 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.

Access

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 maximum. Although, in the City of Portland, Oregon (§ 30.01.087(A)(1)) a landlord may only charge 50% of the monthly rent amount.

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

Guides/Handbooks

(Video) What are the Oregon Rental Laws?