An Oregon residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all residential lease agreements in Oregon:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Flood Plain | Units At or Below 100-Year Flood Elevation |
| Carbon Monoxide Alarm | Units with Carbon Monoxide Source |
| Pending Suits | Units with Pending Suits |
| Common Area Utilities | Shared Common Area Utilities |
| Smoking | All Units Which Allow Smoking |
| Recycling | Properties with 5 or More Units Using Recycling Services |
| Dishonored Check Fee | Leases Allowing Dishonored Check Fees |
| Lead Paint | All Units Built Before 1978 |
Applicable to all Oregon rentals.
Oregon leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.
Applicable to any Oregon rental where the lowest floor is at or below the 100-year frequency flood elevation.
Oregon landlords must disclose the flooding risk of any property below the 100-year floodplain, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency (FEMA). [1]
This is an example of a flood zone disclosure:
FLOOD ZONE NOTICE. This property is located in a flood plain as determined by local authorities. Tenant agrees to accept the risk of tenancy by signing this lease agreement.
Applicable to any Oregon property with features which emit carbon dioxide.
Oregon law requires any rental property with a source emitting carbon monoxide to have appropriate detectors installed in compliance with the State Fire Marshal’s regulations. The landlord must provide the tenant with an alarm in the rental unit, written instructions for testing the alarm, a battery replacement (if applicable), and a disclosure that the tenant is responsible for day-to-day alarm upkeep.
Applicable to Oregon rental properties of four or fewer units which are subject to a pending lawsuit.
Oregon landlords of four or fewer rental units must disclose the existence of the following to any tenant:
Applicable to Oregon rentals which share a utility meter.
Oregon rentals which share a utility meter for the whole building or property may charge separately for utilities. The landlord must disclose how charges are billed to individual tenants.
Applicable to Oregon rentals with a smoking policy.
Oregon landlords must disclose smoking policy for a rental property. If smoking is only allowed in limited areas, the disclosure must specify those areas. This includes the dwelling itself, common areas, outdoor areas, and other locations on the rental property.
Applicable to Oregon rentals with five (5) or more dwelling units located in a city or urban growth boundary, which implement recycling services.
Oregon properties containing five or more dwellings are considered multifamily. Landlords must provide recycling services if the property falls in a city or within “urban growth boundary” of a city. Notice of services must be delivered to tenants at the beginning of a lease, and a notice must be given to tenants once a year about recycling opportunities, locations, and methods.
Applicable to Oregon rentals charging a fee for returned checks.
Oregon landlords must disclose a dishonored check fee in the lease in order to charge it to a tenant later. A dishonored, returned, or “bounced” check is a check returned for lack of funds or credit. Oregon caps dishonored check at $35, and a landlord can’t charge a dishonored check fee without demanding payment from the tenant first, in writing.
Applicable to any Oregon rentals built before 1978.
For any property built before 1978, federal law requires that an Oregon residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Oregon law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late Fees | Specifies late fees or returned check fees related to the lease. Oregon caps late fees at 5% of the monthly rent for a flat fee, or 6% of the flat fee amount for a daily late fee. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Oregon landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
Some Oregon cities, like Portland, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
(2) If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain.
The rental agreement shall contain the name and address of the financial institution where the security deposit was placed and if the security deposit is held in an interest-bearing account. A receipt shall be given to the tenant within two weeks after the landlord received the security deposit.
Within 7 days after the commencement date, the tenant may complete and submit a Condition Report to the landlord. This report notes the condition of the fixtures, appliances, and other items on the premises. If a report is not filed by the tenant within 7 days, the landlord must complete a Condition Report to the tenant which includes photographs of the premises within 7 days after the commencement date.
How Long Can a Residential Lease Be in Oregon? Depending on circumstances, in Oregon it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Oregon? Yes, a contract to lease is legally binding in Oregon. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Oregon? No, lease agreements do not need to be notarized in Oregon. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Oregon? Yes, a lease can automatically renew in Oregon. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
