Tenant Rights and Responsibilities When Renting in Oregon

In Oregon, tenants have several important rights, including the right to a habitable dwelling, protection against unlawful discrimination, proper notice before landlord entry (typically 24 hours), protection against retaliation, proper notice for rent increases (30 days for month-to-month tenancies, 90 days for increases above 5%), and specific procedures for security deposit handling. The Oregon Residential Landlord and Tenant Act (ORLTA) outlines these rights in detail.

Oregon law does not set a maximum limit on security deposits. However, landlords must provide a written accounting of the security deposit within 31 days after a tenant moves out. They can only withhold amounts for unpaid rent, damages beyond normal wear and tear, or other costs specified in the rental agreement. If your landlord fails to provide this accounting or wrongfully withholds your deposit, you may be entitled to twice the amount wrongfully withheld.

In Oregon, landlords must provide at least 30 days' written notice before increasing rent for month-to-month tenancies. For rent increases above 5%, landlords must provide 90 days' notice. Additionally, during the first year of tenancy, landlords cannot increase rent. For tenancies of a year or more, rent can only be increased with proper notice after the lease term ends, unless the lease specifically allows for increases during the term.

In Oregon, landlords must provide at least 24 hours' notice before entering a rental unit, except in cases of emergency. The notice must specify a reasonable time frame for entry. Landlords can enter for reasons such as making repairs, showing the unit to prospective tenants, or inspecting the property. Tenants cannot unreasonably withhold consent for a landlord to enter for legitimate purposes, but landlords cannot abuse their right of access or use it to harass tenants.

If you need to break a lease early in Oregon, you may be responsible for rent until the end of the lease term or until the landlord re-rents the unit, whichever comes first. Landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. You may be released from a lease without penalty in certain circumstances, such as active military duty deployment, uninhabitable conditions, landlord harassment, or domestic violence situations. Always provide written notice of your intent to vacate.

Oregon landlords must maintain rental properties in a habitable condition. For essential services (heat, plumbing, electricity, etc.), repairs should be made within a reasonable time, typically 7 days after receiving notice. For non-emergency repairs, landlords generally have 30 days to complete them. If a landlord fails to make necessary repairs, tenants may have remedies including repair and deduct, rent withholding, or breaking the lease, but specific procedures must be followed.

In Oregon, landlords must return security deposits within 31 days after the tenant moves out. The landlord must provide a written accounting of any deductions made from the deposit. Valid deductions include unpaid rent, damage beyond normal wear and tear, and cleaning costs if the unit was not left reasonably clean. If the landlord fails to provide an accounting or return the deposit within the time limit, the tenant may be entitled to twice the amount wrongfully withheld.

In most of Oregon, landlords can refuse to renew a fixed-term lease without providing a reason, as long as they give proper notice (typically 30 days). However, in some localities like Portland, landlords must have a 'just cause' for non-renewal and may be required to pay relocation assistance. Additionally, landlords cannot refuse to renew a lease for discriminatory or retaliatory reasons. For month-to-month tenancies, landlords must provide 30 days' notice for tenancies less than a year, and 60 days' notice for tenancies of a year or more.

Oregon tenants can only be evicted through a formal court process, not through 'self-help' measures like changing locks or removing belongings. Landlords must provide proper written notice before filing for eviction: 72 hours' notice for nonpayment of rent (after a grace period), 30 days' notice for lease violations (with 14 days to remedy certain violations), and 30-90 days' notice for no-cause evictions depending on the length of tenancy. During the eviction process, tenants have the right to contest the eviction in court and may have defenses such as retaliation or discrimination.