Updated September 12, 2023
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.
Table of Contents |
Agreement Types (6)
 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-year term.
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 Commercial Lease Agreement – Typically for a business that occupies retail, office, or industrial type of space.
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 Month-to-Month Lease Agreement (§ 91.070) – Known as a “tenancy-at-will,” which has no end date and can be terminated with 30 days’ notice by either party.
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 Rent-to-Own Lease 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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 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.
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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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Required Disclosures (11)
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. Use the official FEMA map to find out.
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 that will have seven (7) days from the commencement of the lease to complete. If the tenant does not complete it, the landlord will be obligated to take digital photos, 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 located in an Urban Growth Boundary, 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 receives a security deposit from the tenant, a receipt must be given. The receipt must detail the name and location of the bank where the deposit funds are being held.
Smoking Policy (PDF – MS Word) (§ 90.220) – The landlord must let all tenants know 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 benefits the landlord or other tenants that the tenant is obligated to pay for it must be listed in the agreement.
Security Deposits
Maximum Amount
- Outside Portland – No maximum outside of Portland.
- Within Portland – A landlord may only charge 50% of the monthly rent amount (§ 30.01.087(A)(1)).
Returning (§ 90.300) – The landlord has 31 days to give the deposit back to the tenant.
When is Rent Due? (Grace Period)
A tenant can pay rent up to the fourth day it is due and payable without a late fee. There is a four-day grace period ()
On the fifth day, the landlord has the option to send a 10-day or 13-day notice of nonpayment to the tenant.
Late Rent
Maximum Penalty
- Flat Fee (ORS 90.260(2)(a)) – If a flat rate is charged, it must be “reasonable” and charged only once per occurrence that rent is late.
- Percent (%) Fee (ORS 90.260(2)(c)) – A rate of 5% of the monthly rent can be charged to the tenant for each succeeding five-day period when rent is not paid.
NSF Fee (ORS 30.371(5)) – The landlord can charge $35 for each bad check written by the tenant.
Right to Enter (Landlord)
The landlord has the right to enter the property by providing at least 24 hours’ notice to the tenant prior to entry (ORS 90.322(1)(f)).
Resources
- Chapter 90 (Residential Landlord and Tenant) – Oregon Revised Statutes.
- Landlord-Tenant Law in Oregon – Provided by the Legal Aid Services of Oregon.
- Landlord and Tenant Law – Provided by the Oregon State Bar.
- Landlord Tenant Rights – Provided by the Legislative Committee Services.