State rental laws and regulations
Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.
State Laws & Regulations
State Laws & Regulations
Oregon
Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Oregon handle everything from security deposits to termination notices so you can navigate these with ease.
This article is not intended to be exhaustive or a substitute for qualified legal advice. Oregon rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Oregon laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Oregon. The Oregon state bar association may have a referral service that can help you find a lawyer with experience in Oregon landlord tenant law.
Official Oregon Rental Rules, Regulations, and Guide
- Or. Rev. Stat. § 90 – Residential Landlord and Tenant
- Or. Rev. Stat. § 91 – Tenancy
- Or. Rev. Statutes Vol. 03 § 90 to 130 – Landlord-Tenant, Domestic Relations, Probate (expand Volume 3)
- Oregon State Bar – Landlord Tenant Law
- City of Portland Landlord Training Manual (pdf)
Oregon Rental Security Deposit Laws:
- Security Deposit Maximum: No Statute. After the first year of tenancy, the landlord is allowed to charge a new or increased security deposit, and the tenant is given at least three months to pay the new or increase deposit.
- Security Deposit Interest: No Statute
- Separate Security Deposit Bank Account: No Statute
- Pet Deposits: Allowed, but not for service animals. (Or. Rev. Stat. § 90.300 (4))
- Deadline for Returning Security Deposit: 31 days (Or. Rev. Stat. § 90.300 (13))
- Require Written Description / Itemized List of Damages and Charges: Yes (Or. Rev. Stat. § 90.300 (14))
- Carpet Cleaning: A landlord can only withhold deposit funds for a carpet cleaning if it is specifically mentioned in the lease. (Or. Rev. Stat. § 90.300 (7a)(A))
- Record Keeping of Deposit Withholdings: No Statute
- Receipt of Deposit: Yes, The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))
- Failure to Comply: If the landlord fails to return all or any portion of any prepaid rent or security deposit due to the tenant within 31 days after the tenancy is terminated, , the tenant may recover the money due in an amount equal to twice the amount. (Or. Rev. Stat. § 90.300 (13) and 90.300 (16))
Oregon Lease, Rent & Fees:
- Rent Is Due: Rent is payable at the “time and place agreed upon by the parties” without any additional demand or notice. Rent is paid at the dwelling unit unless an alternative agreement is reached. Periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month for a month-to-month tenancy or each week, if the tenancy is week-to-week. Rent is not considered due before the first day of each rental period. (Or. Rev. Stat. § 90.220(3))
- Rent Increase Notice: 30-day written notice must be given for rent increases in month-to-month leases, and 7-day written notice must be given for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))
- Rent Grace Period: 4 Days (Or. Rev. Stat. § 90.260(1))
- Late Fees: Late fees are allowed only if it is documented in the lease and tenants are more than five days late paying the rent. Landlords can charge 1) a one-time flat fee that is “reasonable” for the area’s rental market; 2) a daily late fee that is no more than 6% of a one-time flat fee, or 3) a late fee that is equivalent to 5% of the monthly rent that is charged once every five days until the rent is paid. (Or. Rev. Stat. § 90.260(1) and (2))
- Prepaid Rent: Allowed (Or. Rev. Stat. § 90.300). If “last month’s rent” is prepaid, it must be used for the last month of the tenancy. (Or. Rev. Stat. § 90.300(9))
- Returned Check Fees: The amount of the dishonored check fee may not exceed $35 (ORS 30.701 (5)) plus any amount that a bank has charged the landlord for processing the dishonored check. (Or. Rev. Stat. § 90.302(2b))
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (Or. Rev. Stat. § 90.365)
- Tenant Allowed to Repair and Deduct Rent: Yes (Or. Rev. Stat. § 90.368)
- Landlord Allowed to Recover Court and Attorney Fees: Yes (Or. Rev. Stat. § 90.255)
- Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Or. Rev. Stat. § 90.410)
- Abandonment Fee: Landlord can charge up to 1.5 times the monthly rent to tenants who abandon the lease. Members of the military and victims of domestic violence are exempt. (Or. Rev. Stat. § 90.302(2e), Or. Rev. Stat. § 90.453, and Or. Rev. Stat. § 90.457).
Oregon Rental Notices and Entry:
- Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more, in writing, from lease expiration. (Or. Rev. Stat. § 91.060)
- Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed; the lease simply expires. (Or. Rev. Stat. § 91.080)
- Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more, in writing, from lease expiration (Or. Rev. Stat. § 91.070). If the tenant has lived in the unit for more than one year, 60 days notice must be given. (Or. Rev. Stat. § 90.427)
- Notice to Terminate Tenancy – Week-to-Week Lease: 7 days or more (Or. Rev. Stat. § 91.050), or 10 days if the tenant has lived there for more than one year. (Or. Rev. Stat. § 90.427)
- Termination of Tenancy with 24 Hours Notice: Landlords are allowed to issue 24-hour evictions if the tenant poses a “substantial” danger to themselves, others, engages in or promotes prostitution, or is guilty of manufacturing, dealing or possessing drugs classified as controlled substances. 24-hour notice of eviction can also be given if a tenant’s pet poses a dangerous threat to others. (Or. Rev. Stat. § 90.396) Tenants who live in drug and alcohol free housing for less than two years may receive a 24-hour eviction notice if they possess alcohol, illegal drugs, or a controlled substance without a medical prescription. (Or. Rev. Stat. § 90.398). ,
- Notice to Terminate Lease due to Sale of Property: If a landlord sells the rental unit, the landlord must give the tenant 30 days written notice if the tenant has a month-to-month lease or 60 days written notice if the tenant has lived in the unit for more than a year. (Or. Rev. Stat. § 90.427(5)). All of the following must be true:
- The dwelling unit is purchased separately from any other dwelling unit;
- The landlord has accepted a purchase offer from someone who intends to live in the unit as the person’s primary residence, and
- The landlord has provided notice, along with written evidence of the purchase offer, to the tenant not more than 120 days after accepting the offer to purchase.
- Notice of Date/Time of Move-Out Inspection: No Statute
- Notice of Termination of Week-to-Week Leases for Nonpayment: For tenancies that are week-to-week, a landlord must provide written notice of intent to terminate the rental agreement due to nonpayment of the rent and give the tenant 72 hours to remedy the nonpayment (Or. Rev. Stat. § 90.394(1)). Notice of Termination of All Other Leases for Nonpayment: A landlord must provide written notice of nonpayment and give the tenant 72 hours, given no sooner than the eighth day of the rental period, or 144 hours, given no sooner than the fifth day of the rental period, to remedy nonpayment (Or. Rev. Stat. § 90.394(2)).
- Termination for Lease Violation: A rental agreement is terminated 30 days after written notice is provided to the tenant. If the tenant violated another lease agreement within the last six months, the landlord may give 10 days’ written notice. (Or. Rev. Stat. § 90.392)
- Required Notice before Entry: 24 hours. The notice must provide the reason for entry, the date and time of entry, and identify who entered the unit (Or. Rev. Stat. § 90.322(b)).
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Or. Rev. Stat. § 90.322)
- Entry Allowed with Notice for Showings: Yes (Or. Rev. Stat. § 90.322)
- Emergency Entry Allowed without Notice: Yes, but landlord must send notice within 24 hours after entry and specify the nature of the emergency. (Or. Rev. Stat. § 90.322(1b))
- Entry Allowed During Tenant’s Extended Absence: Yes, landlord may reasonably enter if absence is greater than 7 days. (Or. Rev. Stat. § 90.340)
- Notice to Tenants for Pesticide Use: No Statute
- Lockouts Allowed: No (Or. Rev. Stat. § 90.375)
- Utility Shut-offs Allowed: No (Or. Rev. Stat. § 90.375)
Oregon Rental Disclosures and Miscellaneous Notes:
- Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property. (Or. Rev. Stat. § 90.305)
- Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions. (Or. Rev. Stat. § 90.220(3))
- Domestic Violence Situations:
- Proof of Status: Landlord is entitled to verify a tenant’s claim of Domestic Violence status. The tenant must complete the form found in Or. Rev. Stat. § 90.453.
- Termination of Lease: If the tenant or a tenant’s immediate family member is a domestic violence victim, the landlord shall release the tenant or family member from the rental agreement if the tenant gives a landlord at least 14 days’ written notice making such a request. (Or. Rev. Stat. § 90.453(2b))
- Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (Or. Rev. Stat. § 90.459)
- Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a government body or for involvement in a tenant’s organization. Other actions are prohibited; read Or. Rev. Stat. § 90.385 for more information.
- 100-Year Floodplain: If a dwelling unit is in a 100-year floodplain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the floodplain. (Or. Rev. Stat. §§ 90.228)
Court Related:
- Oregon Attorney General
- Oregon State Judicial Department
- Oregon State Bar Association
- Oregon Small Claims Court Limits: $10,000 unless different at the county level.
- Baker County Small Claims
- Benton County Small Claims
- Clackamas County Small Claims
- Clatsop County Small Claims
- Columbia County Small Claims
- Coos & Curry County Small Claims
- Crook County Small Claims
- Deschutes County Small Claims
- Douglas County Small Claims
- Gilliam County Small Claims
- Grant County Small Claims
- Hood River County Small Claims
- Jackson County Small Claims
- Jefferson County Small Claims
- Josephine County Small Claims
- Klamath County Small Claims
- Lake County Small Claims
- Lane County Small Claims
- Lincoln County Small Claims
- Linn County Small Claims
- Malheur County Small Claims
- Marion County Small Claims
- Multnomah County Small Claims
- Polk County Small Claims
- Sherman County Courts
- Tillamook County Small Claims
- Umatilla & Morrow County Small Claims
- Union County Small Claims
- Wasco County Small Claims
- Washington County Small Claims
- Wheeler County Small Claims
- Eviction Cases Allowed in Small Claims: No (use county links above to research)
- Legal Aid Services
Oregon Business Licenses:
- Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
- Portland Landlord Training – Fall and Spring Sessions
Oregon Housing Authorities
- Oregon Housing Authorities (statewide coalition)
- Coos-Curry/North Bend City Housing
- Home Forward (serving the Portland Metropolitan area)
- Housing Authority of Clackamas County
- Housing and Community Services Agency (serving Lane County)
- Housing Authority of Douglas County
- Housing Authority of the County of Umatilla
- Housing Authority of Jackson County
- Housing Authority of Lincoln County
- Housing Authority of Malheur County (serving Malheur and Harney counties)
- Housing Authority of Salem
- Housing Authority of Yamhill County
- Housing Works (serving Crook, Deschutes, and Jefferson counties)
- Josephine Housing & Community Development Council
- Klamath County Housing Authority
- Linn Benton Housing Authority
- Marion County Housing Authority
- Mid-Columbia Housing Authority
- Northeast Oregon Housing Authority
- Northwest Oregon Housing Authority (serving Clatsop, Columbia and Tillamook counties)
- Washington County Department of Housing Services
- West Valley Housing Authority
Helpful Links
- Oregon Division of Financial Regulation (formerly known as the Oregon Insurance Division)
- Oregon Consumer Guide to Homeowner and Tenant Insurance (pdf)
- Oregon Department of Consumer and Business Services
- U.S. Department of Housing and Urban Development – Oregon
- Oregon Community Alliance of Tenants
- Resources for Oregon Tenants (OSPIRG)
Oregon Realtor and Landlord Associations
- Oregon Real Estate Agency
- Oregon Association of REALTORS®
- Portland Metropolitan Association of Realtors®
- Oregon Rental Housing Association
- MultiFamily NW
- Rental Housing Alliance of Oregon
- Portland Area Rental Owners Association
State Rental Laws Neighboring Oregon
State Laws and Regulations
Rental laws vary from state to state. Select your state to learn more.