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Oregon Roommate Agreement

The Oregon rules that shape the document: no lodger shortcut, the ORS 90.459 domestic violence exception, and ORS 90.112's ban on unrelated-occupant caps.

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Where are you with your roommate arrangement?

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Introduction

A roommate agreement is a private contract between co-tenants that divides rent, chores, and house rules. It does not bind the landlord and does not alter the lease. In Oregon, several state-specific rules shape the document beyond the national template: Oregon has no lodger law, so a roommate cannot be removed through self-help, only through the landlord's formal eviction, except for the narrow domestic violence, sexual assault, bias crime, or stalking exception in ORS 90.459(3); ORS 90.112 bars any Oregon city or county from capping occupants based on whether they are related; and ORS 659A.421(8) lets an owner-occupant of a single-family residence choose a new roommate by sex, sexual orientation, gender identity, or familial status, while ORS 659A.421(6) separately exempts sex-based selection alone, with no ownership condition, whenever sharing bath or bedroom facilities with the opposite sex is unavoidable; race, religion, national origin, marital status, and source of income remain protected either way.

Key Things to Know

  1. 1

    Oregon has no lodger law like California's. A live-in roommate is a full tenant under ORS 90.100 and 90.110, so one roommate cannot remove another by changing locks or any other self-help measure. Removing a roommate requires the landlord to bring a formal eviction.

  2. 2

    Whether a roommate counts as a legal tenant in Oregon depends only on whether that roommate has their own rental agreement, oral or written, with the landlord (ORS 90.100(51)(a)(A)). Oregon has no separate statutory co-tenant or subtenant category, and a roommate agreement does not create or replace that landlord relationship.

  3. 3

    Oregon has one narrow exception to formal eviction. Under ORS 90.459(3), if a court orders a roommate who committed domestic violence, sexual assault, a bias crime, or stalking against another occupant to move out, that roommate's tenancy ends by operation of law once the order is final, and the landlord may change the locks without filing an eviction.

  4. 4

    Under ORS 90.112, no Oregon city or county may cap the number of occupants in a dwelling based on whether they are related. Unrelated roommates may occupy a unit on the same terms as a family of the same size.

  5. 5

    No Oregon statute sets a default joint-and-several or several-only rule for roommates sharing one lease. Liability to the landlord is governed entirely by the lease itself, so your roommate agreement should state each roommate's rent share explicitly.

  6. 6

    No Oregon statute or Portland ordinance divides a shared security deposit when one roommate departs and another stays. ORS 90.300 addresses only the landlord's duties to the tenant as a single party, so your agreement should set the division in advance.

  7. 7

    Under ORS 659A.421(8), an owner-occupant of a single-family residence who shares common space with occupants may choose a new roommate by sex, sexual orientation, gender identity, or familial status. ORS 659A.421(6) separately exempts sex-based selection alone, with no ownership condition, whenever sharing bath or bedroom facilities with unrelated persons of the opposite sex is unavoidable. Neither exemption covers race, color, religion, national origin, marital status, or source of income, which remain fully protected. In Portland, PCC 30.01.086(G)(1)(c) also exempts an owner-occupied or roommate-shared unit from the city's mandatory screening-criteria ordinance.

Key decisions before you file

Before you file a Roommate Agreement in Oregon, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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Oregon Roommate Agreement (Compact State Terms)

This compact set states the Oregon-specific terms for a Roommate Agreement between co-tenants. Use it with the full national Roommate Agreement template, which covers general provisions such as identifying the parties, splitting rent, dividing chores, and setting house rules. This Agreement is between the roommates only. It does not bind the landlord and does not alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of Oregon, without regard to its conflict of laws rules.

2. Status With the Landlord Is Separate. Oregon's Residential Landlord and Tenant Act (ORS ch. 90) has no statutory co-tenant or subtenant category. A roommate is a "tenant" under ORS 90.100(51)(a)(A) only if that roommate has their own rental agreement with the landlord. A roommate with only the original tenant's permission, and no agreement with the landlord, falls into a gap the statute does not address.

3. No Self-Help Removal. Oregon has no lodger statute like California's. A live-in roomer is a full tenant under ORS 90.100 and 90.110, so one roommate may not remove another by changing locks or any other self-help measure. Removing a roommate requires the landlord to bring a formal eviction, which is outside the scope of this Agreement.

4. Domestic Violence, Assault, Bias Crime, or Stalking Exception. ORS 90.459(3) is a narrow exception to Clause 3. If a court orders a roommate who committed one of these acts against another occupant to move out, that roommate's tenancy ends by operation of law once the order is final, and the landlord may change the locks without an eviction. That roommate stays liable for rent and damages incurred before the exclusion.

5. Local Occupancy Limits Do Not Restrict This Household. Under ORS 90.112, no Oregon city or county may cap the number of occupants in a dwelling based on whether they are related. The roommates may occupy the unit as a family of the same size would, regardless of any local unrelated-occupant limit.

6. Security Deposit Division. No Oregon statute or Portland ordinance divides a shared security deposit when one roommate departs and another stays; ORS 90.300 addresses only the landlord's duties to "the tenant" as a single party. The roommates agree the deposit will be divided as follows: [specify division].

7. Rent Liability Among Roommates. No Oregon statute sets a default joint-and-several or several-only rule for roommates on one lease. Liability to the landlord is governed entirely by the lease. Among themselves, each roommate is responsible for this share of rent: [specify shares].

8. Selecting a New Roommate. If one roommate owns and occupies a single-family residence as a primary residence and all occupants share common space, ORS 659A.421(8) exempts selecting a roommate from state fair housing law based on sex, sexual orientation, gender identity, or familial status. ORS 659A.421(6) separately exempts sex-based selection alone, with no ownership condition, whenever sharing bath or bedroom facilities with the opposite sex is unavoidable. Neither exemption covers race, color, religion, national origin, marital status, or source of income; those stay fully protected. In Portland, PCC 30.01.086(G)(1)(c) separately exempts such a unit from the city's mandatory screening-criteria ordinance.

9. Execution. This Agreement is effective when signed by the roommates. Oregon does not require notarization or witnesses for a private roommate agreement.

This compact Oregon set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Oregon Requirements for Roommate Agreement

Oregon Landlord Status Gap

Oregon's Residential Landlord and Tenant Act has no statutory co-tenant or subtenant category. A roommate is a tenant under ORS 90.100(51)(a)(A) only if that roommate has a rental agreement with the landlord; one with only the original tenant's permission falls into an unaddressed gap. State this clearly so roommates confirm their own status with the landlord.

Oregon No Self-Help Removal, Narrow DV Exception

Oregon has no lodger law, so a roommate cannot be removed except through the landlord's formal eviction. ORS 90.459(3) is the one narrow exception: a court-ordered exclusion for domestic violence, sexual assault, a bias crime, or stalking ends that roommate's tenancy by operation of law without an eviction.

Oregon Local Occupancy Cap Protection

Under ORS 90.112, no Oregon city or county may cap dwelling occupancy based on whether occupants are related. Note that this protects the household from municipal zoning limits; it does not affect the landlord's own lease terms.

Oregon Rent Liability Has No State Default

No Oregon statute sets a default joint-and-several or several-only rule for roommates on one lease. Liability to the landlord is governed entirely by the lease, so the roommate agreement should state each roommate's share explicitly rather than assume a default.

Oregon Security Deposit Division Is Unaddressed

Neither ORS 90.300 nor Portland's deposit ordinance divides a shared security deposit among roommates when one departs. The roommate agreement should set the division method in advance.

Oregon Roommate Selection Exemption Is Limited

ORS 659A.421(8) lets an owner-occupant of a single-family residence sharing common space choose a roommate by sex, sexual orientation, gender identity, or familial status; ORS 659A.421(6) separately exempts sex-based selection alone, with no ownership condition, when sharing bath or bedroom facilities with the opposite sex is unavoidable. Portland's FAIR ordinance (PCC 30.01.086(G)(1)(c)) exempts such units from mandatory screening criteria. Neither exemption covers race, color, religion, national origin, marital status, or source of income.

Frequently Asked Questions

It is a private contract between roommates who share a dwelling in Oregon. It divides rent, chores, and house rules and sets expectations among the co-tenants. It is not a lease, it does not bind the landlord, and it does not change the terms of anyone's rental agreement.

Generally no. A live-in roommate in Oregon is a full tenant under ORS 90.100 and 90.110, so one roommate cannot remove another through self-help, such as changing locks. The landlord must bring a formal eviction, except for the narrow exception in ORS 90.459(3) for a roommate who committed domestic violence, sexual assault, a bias crime, or stalking against another occupant and is subject to a qualifying court order.

No. Oregon has no equivalent to California's Civil Code Section 1946.5 lodger rule. Oregon's landlord tenant statute affirmatively treats a live-in roomer as a full tenant, so a paying roommate in an Oregon home gets the same eviction protection as any other tenant.

No. Under ORS 90.112, enacted in 2021, no Oregon city or county may establish or enforce a maximum occupancy limit for a dwelling that is based on whether the occupants are related. Unrelated roommates get the same per-unit occupancy allowance as a family of the same size.

Not automatically. Under ORS 90.100(51)(a)(A), a roommate is a tenant only if that roommate has their own rental agreement, oral or written, with the landlord. A roommate who has only the original tenant's permission, without any agreement with the landlord, is in a gap Oregon statute does not address, so confirm status directly with the landlord.

No Oregon statute sets a default joint-and-several or several-only rule for roommates on one lease. Liability to the landlord is governed entirely by the lease itself. Your roommate agreement should state each roommate's rent share among themselves, since Oregon law will not fill that gap.

Sometimes. Under ORS 659A.421(8), an owner who occupies a single-family residence as a primary residence and shares common space with occupants may choose a roommate based on sex, sexual orientation, gender identity, or familial status. ORS 659A.421(6) separately exempts sex-based selection alone, with no ownership condition, whenever sharing bath or bedroom facilities with the opposite sex is unavoidable. Neither exemption extends to race, color, religion, national origin, marital status, or source of income, which remain fully protected in every roommate selection.

Yes. Portland's FAIR ordinance normally requires landlords to use objective, published screening criteria, but PCC 30.01.086(G)(1)(c) exempts a unit shared with an owner occupant or with an existing roommate who has a separate rental agreement, layering additional selection latitude on top of the state ORS 659A.421(8) exemption.

Oregon statute does not say. ORS 90.300 addresses only the landlord's duties to the tenant as a single party and has no mechanism for dividing a shared deposit among roommates. Portland's local deposit ordinance does not address it either, so your roommate agreement should set the division in advance.