Note: This guide is for informational purposes only. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that it’s compliant with current, applicable or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state and local levels. Visit the OregonLive website for more information about updates to Oregon’s landlord-tenant laws. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction.

Becoming a landlord 

The following cities require landlords to follow certain registration requirements: 

• Salem requires that landlords of multifamily dwellings (three or more units) obtain a license. The multifamily license form is available on the city’s website. This license must be renewed annually (SRC §59.400).
• Eugene requires that all rental housing be licensed. The licensing fees can be paid on the city’s website. This license must be renewed annually (EC §8.440).
• Gresham requires that all rental housing be licensed (GRC §9.55.060). The license application form can be found on the city’s website. Each year, landlords must submit a new application with their contact information, the address of the property and total units in it, whether the property is owner-occupied and whether the property includes Housing Choice or Section 8 rental units. Each rental property is subject to a yearly inspection performed by the city. The annual license fee is based on the total number of residential rental units and the fee amount is occasionally updated by the city (GRC §9.55.060(6)).
• Hillsboro requires landlords who are renting four or more units to register for a license and pay a yearly licensing fee (HMC §5.04.040). The license form is available on the city’s website. Hillsboro forbids a landlord from leasing a “disorderly” house — a building dedicated partially or wholly to gambling; the consumption, sale or disposition of illegal drugs; or other purposes contrary to federal, state or local law. If a landlord finds that a leased property is disorderly, the landlord must immediately take action to remove the tenants or occupants (HMC §7.12.020(B)).

Creating your Oregon lease

It’s important to follow local Oregon laws when creating your lease agreement for a rental property in Oregon. You can use Zillow Rental Manager’s lease builder to customize an Oregon lease.

Learn more about Oregon lease requirements at the OregonLive website.

Application requirements

Evaluating applicants: When deciding whether to rent a unit to any applicant, landlords may not consider applicants’ past convictions for recreational use of marijuana, past convictions for possession of marijuana or status as a medical marijuana card holder (ORS §90.303).

Listing a rental in Portland: If a landlord advertises a unit’s availability, they must publish the advertisement at least 72 hours prior to processing any applications, and it must include the following information:

• When the landlord will begin processing applications
• The factors they will consider when evaluating applicants, if there is a screening fee
• Whether the unit is an Accessible Dwelling Unit

Landlords can also satisfy this requirement by providing an address, link or other method of communicating this information to prospective tenants (PCC §30.01.086).

Application records: In Portland, landlords must record the date and time they receive each completed application. Landlords must accept or deny applicants in the order they received applications, including any applicants on a waitlist.

A landlord may refuse to process applications if they meet certain criteria:

• They are materially incomplete.
• They fail to include important information.
• They contain misrepresentations.
• The applicant has repeated rental agreement violations within 365 days of the submitted application.

If an applicant requests a record of the application, the landlord must provide that information within five business days (PCC §30.01.086).

Mobility-disabled applicants: In Portland, landlords must give priority for any Accessible Dwelling Units to applicants who identify themselves as mobility disabled or who have a household member who is mobility disabled (PCC §30.01.086).

Financially responsible applicant: In Portland, an applicant may choose which person in their household will be financially responsible for the lease. The landlord may not screen the non-responsible parties for financial responsibility. However, landlords may screen non-responsible parties for the following:

• Factors related to maintaining the property
• Conduct consistent with the health, safety or peaceful enjoyment of the premises by other residences of the landlord

In addition, there are limits to the amount of income the financially responsible tenant must prove to the landlord. (More details: PCC §30.01.086(d)). Landlords can require an additional security deposit only if the applicant does not meet the minimum income requirement.

Qualified applicant: A landlord may not deny a qualified applicant based solely on the denial of another member of the household (PCC §30.01.086).

Applicant’s request for change: In Portland, landlords may not consider an applicant’s request to alter the condition of the rental unit to accommodate the applicant’s disability when deciding whether to deny an application. The landlord must provide the tenant several days (at least 48 hours) to request a different modification if the landlord is unable to satisfy the applicant’s initial request. If the landlord cannot make the modification, the landlord must still offer the unit to the applicant, which the applicant can deny (PCC §30.01.086).

Notice to applicant: In Portland, landlords must provide applicants a written acceptance, conditional acceptance or rejection within two weeks of reviewing an application. Landlords must describe their reasons for the conditional acceptance or rejection in the notice and give the applicant 30 days to appeal (PCC §30.01.086).

Screening costs: In Portland, if a landlord uses a professional screening company, the applicant can only be charged the exact costs charged by the screening company. If the landlord does some or all of the screening, however, then the charges may differ. (More details: PCC §30.01.086(d)).

Handling the rent

Rent increases

Oregon prohibits landlords from increasing rent during the first year of a tenancy. After that, a landlord may increase the rent, but can only do so once during any 12-month period. The landlord must provide the tenant with 90 days’ written notice of the increase. Rent increases are capped at 7% of the rent plus the yearly change in the Consumer Price Index for All Urban Consumers, West Region, all times (ORS §90.323). It’s important to note that the combined rent increase cap will be higher than 7%. 

This cap on rent increases does not apply to a property if it meets any of the following criteria: 

• The property is newly constructed, and its occupancy certificate was issued within the last 15 years.
• The property provides reduced rent as part of a government subsidy program.
• The previous tenant moved out of the property of their own volition.

Visit this resource for more details about maximum annual rent increases in Oregon.

Delinquent rent payments and late fees

A landlord may not impose any late fees for rent unless the late fees are specified in the lease and the rent is at least four days late. The amount a landlord can charge a tenant must be one of the following (ORS § 90.260):

• The customary reasonable flat amount typical of what landlords charge in the property’s rental market, which can only be charged once per rental period
• A reasonable amount, charged on a per-day basis but not exceeding 6% of what is typically charged by landlords in the property’s rental market, starting on the fifth day after rent is due
• An amount equal to 5% of the base rent 

Dishonored rent check fees: A landlord cannot charge a tenant more than $35.00 plus any incurred bank penalties or processing fees for a dishonored check (ORS §90.302(2b)).

Other rent considerations

Withholding rent for essential services or repairs: If a property lacks essential services (e.g., heat, water, gas), then the tenant is entitled to withhold rent until the landlord can provide those services (ORS §90.365). If the tenant makes any repairs to the property that are the landlord’s responsibility, then the tenant can deduct the cost of those repairs from the next month’s rent (ORS §90.368).

Mandatory renter relocation assistance in Portland: In Portland, in certain situations involving rent increases and no-cause termination, the landlord is required to pay the renter a relocation assistance fee. Renter relocation assistance is limited to one tenant per unit and the landlord does not have to pay the relocation assistance fee to every occupant of the unit (PCC §30.01.085). Landlords are required to pay tenants for relocation assistance in the following circumstances: 

• Rent increase above 10%: If the landlord increases a tenant’s rent by 10% or more over a 12-month period, the tenant can reject the rent increase and request relocation assistance. If this occurs, the landlord must pay the relocation assistance fee. The tenant has 6 months from the effective date of the rent increase to either pay back the relocation assistance and stay in the unit at the higher rent or give the landlord a termination notice (PCC §30.01.085(c)).
• No-cause termination: A landlord who declines to replace or extend an expiring fixed-term rental agreement or terminates a lease without cause must give the tenant at least 90 days’ notice of such termination. At least 45 days before the actual termination date, the landlord must pay the tenant a relocation assistance fee that depends on the number of bedrooms in the unit (PCC §30.01.085(c)).

Housing Choice and Section 8 vouchers: If a tenant uses a Housing Choice or Section 8 voucher to assist with rent payments, the landlord is responsible for entering into a separate agreement (different from the lease) with the applicable public housing authority. This agreement will include an inspection of the property. The landlord is responsible for complying with certain rules about the maintenance of the property and the treatment of the tenant. Once the unit is inspected, the landlord and the applicable public housing authority finalize their contract, and the landlord and the tenant finalize their lease. During the term of the lease, the tenant and the applicable public housing authority pay the landlord separately, according to each agreement.

Consult this resource for more information about Section 8 vouchers. 

Handling fees other than rent

Deposits 

Returning a security deposit: Within 31 days of a tenant moving out, the landlord must return the security deposit or any remaining portion of the deposit after subtracting the amount required for repairs. If the landlord withholds any part of a tenant’s security deposit, they’re also required to provide the tenant an itemized statement of the damage and the estimated or actual cost (along with paid receipts) of repairing or replacing each item. If the landlord fails to return the security deposit or a portion of the security deposit with an itemized statement of the damage then the tenant is entitled to recover twice the original security deposit from the landlord (ORS §90.300 (16)). 

No pet deposits for service animals: Landlords can charge tenants a deposit for any pets allowed on the property, but they are prohibited from charging the tenant this deposit for a registered service animal (ORS §90.300 (4)).

Portland security deposit requirements

Security deposit limits in Portland:

• If a landlord requires a tenant to pay the last month’s rent when signing the lease, the landlord may not collect more than one-half month’s rent as an additional part of the security deposit.
• If the landlord does not require last month’s rent, the landlord may not collect more than one month’s rent as a security deposit.
• If a landlord conditionally approves an application based on the applicant providing financial stability, then the landlord may require one-half month’s rent, which the tenant may pay in installments over a period of up to three months (PCC 30.01.086).

Security deposit placed in a separate bank account: Landlords in Portland must deposit tenants’ security deposits within 2 weeks after receipt in a separate secure bank account. The lease must provide the name and address of the bank where the security deposit is held and whether the account is interest-bearing. The tenant is entitled to the interest accrued, if any. Landlords must provide receipt and proof of interest earned if requested by the tenant (PCC 30.01.086).

Unit condition checklist: In Portland, landlords must itemize all fixtures, appliances, equipment and personal property included in the unit, including each item’s replacement cost.  Within seven days of signing the lease, tenants should provide their landlord with a conditional checklist of each item in the unit. If the tenant does not provide a report, the landlord must complete a condition checklist within 17 days after signing the lease and provide photos of the unit’s condition (PCC 30.01.086).

Final walkthrough: Within 7 days after expiration of a Portland lease, landlords should conduct a walkthrough of the rental unit to document any damage beyond normal wear and tear. Tenants should have at least 24 hours’ notice before the final walkthrough and can choose to be present. Within 31 days after the expiration of the lease, landlords should provide their tenants with an itemized list of all items needing repair and photographs of any visual damage. If the landlord charges any labor costs greater than $200, the landlord must provide documentation showing the reasonableness of those costs and that they are consistent with rates in the Portland area (PCC 30.01.086).

Return of the security deposit: Security deposits in Portland may only be applied to costs reasonably incurred to repair and replace items specifically identified in the lease, except for routine maintenance and normal wear and tear. Landlords may not charge their tenants for any amount that is covered by the landlord’s insurance. In addition, landlords must deliver a written notice of rights regarding security deposits (more details: PCC 30.01.086(e)), along with contact information for the nearest Legal Aid Services of Oregon.

Utilities and services

Utilities and services: In single-family homes, landlords must list each utility and/or service charge separately from rent and provide the tenant with a copy of the original invoice. In multifamily units, landlords must describe how they bill the tenant for their share of any common areas separately from how the tenant is billed for their unit. The two costs must also be itemized separately on any utility invoice provided to the tenant (ORS §90.536).

Other fees

Nonrefundable applicant screening fees: Landlords may not charge more than one application fee against applicants who apply for multiple units within 60 days of each other. If a landlord fills a vacant unit before screening an applicant or does not screen an applicant for any reason, then the landlord must refund the screening fee. If an applicant refuses an offer from a landlord to rent a unit, the applicant will not be entitled to a refund (ORS §90.295). 

Carpet cleaning fees: Landlords can charge tenants for carpet cleaning at the end of the lease agreement even if the tenant cleaned the carpet before leaving the property. However, the landlord may only apply the security deposit to carpet cleaning costs if the carpet was cleaned or replaced before the tenant moved in and the landlord used a carpet cleaning or shampooing machine to do that cleaning (ORS §90.300 (7)).

Maintaining the property

Habitable condition: Oregon requires landlords to provide tenants with a property in “habitable condition.” A property is not in habitable condition if it lacks any of the following: 

• Working plumbing, heat, lights, wiring, smoke detectors and carbon monoxide alarms
• Waterproofing and weather protection
• Hot and cold running water
• Safe drinking water
• Buildings and grounds free of garbage, rubbish, debris and vermin
• An adequate number of garbage cans
• Floors, walls, ceilings, stairways and railings maintained in good repair
• Working locks for all entrance doors and working latches for all windows

If the property isn’t in habitable condition on the move-in date, either the tenant or landlord can terminate the lease agreement. If the lease is terminated prior to move-in, the tenant is entitled to a full refund of any deposits and rent already paid (ORS §90.320).

Removing or tampering with safety devices: Landlords can charge the tenant up to $250 for each missing or damaged smoke or carbon monoxide detector on the property. If the landlord incurs a fine from the city or state for any damage the tenant caused to the property, then the tenant must reimburse the landlord for those fines (ORS §90.302).

Landlord access: The landlord must provide the tenant with 24-hour prior written notice before entering the property. The notice should include the date and time of entry and the names of those entering the unit. If the landlord enters the property without the tenant’s permission due to an emergency, they must notify the tenant within 24 hours after their entry (ORS §90.322(1b)). Landlords are entitled to enter a leased property if the tenant has been absent from the property for more than seven days (ORS §90.340).

Shutoffs or lockouts: During the term of a lease, landlords cannot shut off any utilities to the property or lock the tenant out of the property (ORS §90.375).

Recycling: Landlords with buildings of five or more units must notify tenants at least once a year of the availability of recycling on the property (ORS §90.318). 

Renters insurance: If the landlord requires the tenant to obtain renters insurance, then the landlord has to maintain comparable liability insurance. The landlord must also provide the tenant with documentation of that liability insurance if the tenant requests it (ORS §90.222).

The end of the lease

Fixed-term lease to month-to-month: A fixed-term lease becomes a month-to-month lease if the tenant continues to pay and the landlord accepts the previous term’s rent amount after the lease expires (ORS §90.427).

Notice of termination: A landlord or tenant may terminate a week-to-week tenancy without cause by giving the other party at least 10 days’ notice. If a month-to-month tenant has rented the property for less than one year, either the tenant or the landlord can terminate the lease agreement by providing one month’s written notice. After a year, either the tenant or the landlord can terminate the lease agreement by providing 60 days’ written notice. However, even if a tenant has occupied a dwelling unit for more than one year, the landlord may terminate the tenancy with 30 days’ notice if the landlord is selling the property to someone who intends to occupy it as their principal residence and the landlord has notified the tenant of the offer to purchase within 120 days after accepting the offer (ORS §90.427(5)). Note: Even though the landlord can terminate the tenancy with 60 days’ notice after the first year, they must still provide 90 days’ notice of a rent increase. 

Termination for nonpayment of rent: The landlord can terminate a lease if the tenant fails to pay the rent. The laws around this vary depending on the type of tenant (ORS §90.394). 

• Week-to-week tenants: A landlord may terminate a week-to-week tenancy for nonpayment of rent by delivering at least 72 hours’ notice of termination starting on the fifth day after rent is due. The day on which rent is due counts as the first day. If rent is due on a Sunday, then the landlord may give the notice no sooner than the immediately following Thursday.
• Month-to-month & fixed-term tenants: A landlord may terminate a month-to-month or a fixed-term tenancy for nonpayment by delivering at least 72 hours’ notice of termination, no sooner than the eighth day after the rent is due, or at least 144 hours’ notice of termination no sooner than the fifth day after the rent is due. The day on which rent is due counts as the first day. This means that if rent is due on the first day of the month, then the landlord may give a 72-hour notice of termination on or after the eighth day of the month, or a 144-hour notice of termination on or after the fifth day of the month.

Any notice of termination for nonpayment of rent must include how much rent is due and the date and time by which the tenant must pay the rent to avoid lease termination (ORS §90.394(4)).

Termination for cause other than nonpayment of rent: The landlord may terminate a lease 'for cause' when the tenant violates the terms of the lease agreement or when the tenant unreasonably disturbs the neighbors or fails to keep the property clean, dispose of rubbish and test smoke detectors. A landlord may not terminate for cause if the tenant’s only violation is not paying the rent. If that is the case, they must terminate the lease for nonpayment of rent instead (ORS §90.325).

24-hour termination: The landlord may terminate a lease with 24 hours’ written notice if the tenant is found to have intentionally provided false information on the rental application about a criminal conviction that would have materially affected the landlord’s acceptance of the application. The landlord must terminate the tenancy within 30 days after discovering the information is false. 

A landlord may terminate a lease with 24 hours’ written notice if the tenant or the tenant’s pet commits any of the following acts:

• Inflicts or threatens to inflict substantial personal injury on anyone on the premises other than the tenant
• Recklessly endangers a person on the premises — other than the tenant — by creating a serious risk of substantial personal injury
• Inflicts a substantial injury on a neighbor living in the immediate vicinity of the premises
• Inflicts substantial damage on the premises or damages the premises on more than one occasion

A landlord may terminate a lease with 24 hours’ written notice if the tenant commits an act that is “outrageous in the extreme.” The following are examples of acts that are considered outrageous in the extreme (ORS §90.396):

• Prostitution
• Unlawful manufacture, distribution or possession of a controlled substance
• Manufacture of a cannabinoid extract without a license
• The crime of intimidation
• Burglary

Veteran’s required notice: When a landlord notifies a tenant who is a veteran that they are terminating the lease, the landlord must tell the veteran tenant that there are forms of assistance available from the county veterans’ service officer or a community action agency. Also, the landlord must state specifically that “contact information for a local county veterans’ service officer and community action agency may be obtained by calling a 2-1-1 information service.”  (ORS §86.756).

Situations involving domestic violence: A tenant who becomes a victim of domestic violence can terminate their lease by giving the landlord 14 days' written notice (ORS §90.453(2b)). However, the landlord is entitled to verify the tenant’s domestic violence victim status by having the tenant submit the requisite state form (ORS §90.453). If a tenant is a victim of domestic violence and requests that the locks on the leased property be changed, then the landlord must change the locks. This must be done at the tenant’s expense (ORS §90.459).

Evictions: To evict a tenant, the landlord must file an eviction action in the county circuit court. A sheriff then serves the tenant a complaint and summons at the dwelling unit. The court will hold a “first appearance,” which is typically scheduled a week after the landlord files the complaint. At the first appearance, the judge asks the landlord and tenant to negotiate and agree on a move-out date. If the landlord and tenant can’t agree on a move-out date, the judge sets the case for trial. A trial occurs three to four weeks after the first appearance. Even if the landlord wins the eviction claim, the landlord must file a separate claim against the tenant for past-due rent (ORS §105.105).

Abandonment: If a tenant abandons the property, the landlord is entitled to charge the tenant 1.5 times the monthly rent for the remainder of the lease term. A landlord cannot charge a tenant who vacates due to active military service or domestic violence (ORS §90.302(2e), ORS §90.453 and ORS §90.457).

No retaliation: A landlord cannot terminate a lease, or refuse to renew a lease, as retaliation against a tenant who has filed an official complaint against the landlord with a government agency or tenant association (ORS §90.385).