Renting Out Your Property in Oregon: A Guide for Landlords
Renting out property in Oregon requires understanding specific state laws that govern landlord-tenant relationships, including tenant screening regulations, security deposit limits, and mandatory disclosures. Oregon landlords must comply with the Oregon Residential Landlord and Tenant Act, which provides stronger tenant protections than many other states.
Oregon has enacted significant tenant protection laws in recent years, including rent control measures and restrictions on no-cause evictions in many circumstances. Failure to comply with Oregon's landlord-tenant laws can result in penalties up to twice the monthly rent or actual damages, plus attorney fees.
Key Considerations
Scenarios
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Relevant Documents
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Lead-Based Paint Disclosure Form
A federally required disclosure for properties built before 1978 that informs tenants about the potential presence of lead-based paint and associated hazards.
Rental Property Business License
A license required by many local jurisdictions to legally operate a rental property business, which may involve registration, inspections, and fee payments.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Relevant Laws
Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
This is the primary law governing landlord-tenant relationships in Oregon. It covers essential aspects like security deposits, lease requirements, tenant rights, landlord obligations, eviction procedures, and habitability standards. Any property owner renting residential property in Oregon must comply with these comprehensive regulations.
Security Deposit Requirements (ORS 90.300)
Oregon law limits what landlords can charge for deposits and sets specific rules for handling them. Landlords must provide written documentation of the property's condition at move-in, and generally must return deposits within 31 days after tenancy ends, with an itemized statement for any deductions.
Rent Increase Restrictions (ORS 90.323)
Oregon has statewide rent control that limits annual rent increases to 7% plus the consumer price index (CPI) for properties 15+ years old. Landlords must provide 90 days' written notice before increasing rent. Properties newer than 15 years are exempt from the rent increase cap but still require proper notice.
No-Cause Eviction Limitations (ORS 90.427)
Oregon restricts no-cause evictions for tenancies longer than one year. For properties with 5+ units or that are 15+ years old, landlords generally cannot terminate month-to-month tenancies without cause after the first year. When allowed, specific notice periods apply based on tenancy length.
Habitability Requirements (ORS 90.320)
Landlords must maintain rental properties in a habitable condition, including weatherproofing, plumbing, heating, electrical systems, and pest control. This law outlines specific standards that all rental units must meet and maintain throughout the tenancy.
Fair Housing Laws (ORS Chapter 659A)
Oregon's fair housing laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, and marital status. These protections extend beyond federal requirements and apply to advertising, tenant selection, and all aspects of the landlord-tenant relationship.
Carbon Monoxide and Smoke Alarm Requirements (ORS 90.317)
Landlords must install and maintain working smoke alarms and carbon monoxide detectors in all rental units according to specific requirements. These must be tested between tenancies and maintained in working order throughout the rental period.
Local Ordinances and Regulations
Many Oregon cities have additional rental regulations beyond state law. For example, Portland requires landlords to register rental properties, pay fees, and may have stricter tenant protections. Eugene, Bend, and other municipalities may have their own requirements for inspections, permits, or tenant screening.
Regional Variances
Portland Metro Area
Portland has some of the strictest rental regulations in Oregon, including a 90-day notice requirement for no-cause evictions and rent increases (compared to 30-60 days in other areas). Portland also requires landlords to pay relocation assistance ranging from $2,900-$4,500 to tenants who are evicted without cause or who experience rent increases over 10%. Additionally, Portland has a Rental Registration program requiring all rental units to be registered with the city.
Multnomah County follows many of Portland's stricter rental regulations. The county has additional protections during extreme weather events, prohibiting evictions when temperature is below 32°F, above 100°F, or during air quality emergencies. Landlords must also provide cooling devices in at least one room of rental units.
Beaverton requires landlords to provide 90 days' notice for no-cause evictions and rent increases over 5%. The city also has a Mandatory Rental Inspection Program for certain multi-family properties.
Eugene/Springfield Area
Eugene has a Rental Housing Code that establishes minimum habitability standards beyond state requirements. The city requires landlords to provide tenants with a Rental Housing Code disclosure form. Eugene also has a rental housing navigator program to help mediate landlord-tenant disputes before they escalate to court.
Springfield follows state law more closely than Eugene, with fewer additional local regulations. However, the city does have specific requirements for rental housing inspections and a rental property registry program.
Coastal Communities
Lincoln County has specific regulations addressing short-term vacation rentals, which are common in this coastal area. Property owners must obtain licenses, pay lodging taxes, and comply with occupancy limits. The county also has restrictions on the density of vacation rentals in certain neighborhoods.
Tillamook County has implemented a Short Term Rental Ordinance requiring permits, safety inspections, and occupancy limitations. The county also has specific rules regarding tsunami evacuation plans that must be posted in rental properties in tsunami hazard zones.
Southern Oregon
Ashland has a program requiring rental property owners to register their units and pay an annual fee. The city also has specific regulations regarding converting long-term rentals to short-term vacation rentals, with restrictions in residential zones.
Medford follows state landlord-tenant laws with minimal additional local regulations. However, the city does have specific code enforcement procedures for rental properties that fail to meet basic health and safety standards.
Central Oregon
Bend has implemented strict regulations on short-term rentals, including a permit system with annual fees, occupancy limits, parking requirements, and noise restrictions. The city also has a cap on the number of short-term rental permits issued in certain residential areas.
Deschutes County has specific regulations for rural vacation rentals, including requirements for fire safety, road access, and septic system capacity. The county also has noise ordinances that specifically address vacation rentals.
Suggested Compliance Checklist
Research Oregon Landlord-Tenant Laws
0 days after startingFamiliarize yourself with Oregon's Residential Landlord and Tenant Act (ORS Chapter 90). Pay special attention to Oregon-specific requirements regarding security deposits, tenant screening, rent increases, termination notices, and habitability standards. Oregon has some of the strongest tenant protections in the country, so understanding these laws is crucial before renting your property.
Obtain Required Business Licenses
7 days after startingCheck with your local city and county government to determine what business licenses are required for rental property owners. Many Oregon municipalities require landlords to register their rental properties and obtain a business license. In Portland, for example, you need to register with the Rental Services Office and pay an annual fee per unit.
Draft Rental Property Business License Application
14 days after startingPrepare the necessary documentation to apply for your rental property business license. This typically includes property information, owner contact details, and payment of applicable fees. Requirements vary by municipality, so check with your local government office for specific requirements.
Create a Tenant Screening Process
21 days after startingDevelop a consistent and legal tenant screening process that complies with Oregon's fair housing laws. Oregon prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, and marital status. Your screening criteria must be objective and applied equally to all applicants.
Draft Rental Application Form
28 days after startingCreate a comprehensive rental application that collects necessary information while complying with Oregon laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. In Oregon, you must disclose your screening criteria and the applicant's right to dispute inaccurate information.
Draft Residential Lease Agreement
35 days after startingCreate a legally compliant Oregon lease agreement that includes all required disclosures and terms. Oregon requires specific provisions regarding security deposits, fees, maintenance responsibilities, entry notice requirements, and more. Consider having an attorney review your lease to ensure compliance with all state and local laws.
Prepare Lead-Based Paint Disclosure Form
42 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and provide tenants with an EPA-approved pamphlet. Oregon enforces this federal requirement, and failure to comply can result in significant penalties.
Create Move-In/Move-Out Inspection Checklist
49 days after startingDevelop a detailed checklist to document the condition of the property at move-in and move-out. This documentation is crucial for security deposit disputes. Include spaces for both landlord and tenant signatures, dates, and comments. Take date-stamped photos to supplement the written checklist.
Draft Landlord's Rules and Regulations
56 days after startingCreate a clear set of rules and regulations for your rental property. In Oregon, these must be reasonable and cannot contradict terms in the lease agreement. Common topics include noise restrictions, maintenance responsibilities, pet policies, smoking policies, and waste disposal requirements.
Prepare Security Deposit Receipt
63 days after startingCreate a receipt for security deposits that complies with Oregon law. Oregon requires landlords to provide a receipt for any payment made by a tenant. The receipt should include the amount, date received, purpose of the payment, and where the deposit will be held.
Draft Notice of Entry Form
70 days after startingCreate a form to notify tenants when you need to enter the rental unit. Oregon law requires at least 24 hours' written notice before entering a tenant's unit except in emergencies. Your notice should include the date, approximate time, and purpose of entry.
Set Up Property Insurance
77 days after startingObtain appropriate landlord insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Landlord insurance should include property damage, liability coverage, and loss of rental income protection. Consider requiring tenants to obtain renter's insurance as well.
Prepare for Property Maintenance
84 days after startingEstablish a system for handling maintenance requests and emergencies. Oregon law requires landlords to maintain properties in a habitable condition and make repairs within a reasonable time. Create a process for tenants to submit maintenance requests and establish relationships with reliable contractors for various types of repairs.
Research Local Rent Control Ordinances
91 days after startingInvestigate whether your property is subject to Oregon's statewide rent control law (SB 608) or additional local rent control ordinances. Oregon limits annual rent increases to 7% plus the consumer price index for buildings 15 years or older, with some exceptions. Some municipalities may have additional restrictions.
Set Up Record-Keeping System
98 days after startingEstablish a system for maintaining all rental-related records. Keep copies of all documents, communications with tenants, maintenance records, and financial transactions. Oregon requires landlords to retain certain records, and good documentation is essential if legal disputes arise.
Task | Description | Document | Days after starting |
---|---|---|---|
Research Oregon Landlord-Tenant Laws | Familiarize yourself with Oregon's Residential Landlord and Tenant Act (ORS Chapter 90). Pay special attention to Oregon-specific requirements regarding security deposits, tenant screening, rent increases, termination notices, and habitability standards. Oregon has some of the strongest tenant protections in the country, so understanding these laws is crucial before renting your property. | - | 0 |
Obtain Required Business Licenses | Check with your local city and county government to determine what business licenses are required for rental property owners. Many Oregon municipalities require landlords to register their rental properties and obtain a business license. In Portland, for example, you need to register with the Rental Services Office and pay an annual fee per unit. | - | 7 |
Draft Rental Property Business License Application | Prepare the necessary documentation to apply for your rental property business license. This typically includes property information, owner contact details, and payment of applicable fees. Requirements vary by municipality, so check with your local government office for specific requirements. | Rental Property Business License | 14 |
Create a Tenant Screening Process | Develop a consistent and legal tenant screening process that complies with Oregon's fair housing laws. Oregon prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, and marital status. Your screening criteria must be objective and applied equally to all applicants. | - | 21 |
Draft Rental Application Form | Create a comprehensive rental application that collects necessary information while complying with Oregon laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. In Oregon, you must disclose your screening criteria and the applicant's right to dispute inaccurate information. | Rental Application Form | 28 |
Draft Residential Lease Agreement | Create a legally compliant Oregon lease agreement that includes all required disclosures and terms. Oregon requires specific provisions regarding security deposits, fees, maintenance responsibilities, entry notice requirements, and more. Consider having an attorney review your lease to ensure compliance with all state and local laws. | Residential Lease Agreement | 35 |
Prepare Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and provide tenants with an EPA-approved pamphlet. Oregon enforces this federal requirement, and failure to comply can result in significant penalties. | Lead-Based Paint Disclosure Form | 42 |
Create Move-In/Move-Out Inspection Checklist | Develop a detailed checklist to document the condition of the property at move-in and move-out. This documentation is crucial for security deposit disputes. Include spaces for both landlord and tenant signatures, dates, and comments. Take date-stamped photos to supplement the written checklist. | Move-In/Move-Out Inspection Checklist | 49 |
Draft Landlord's Rules and Regulations | Create a clear set of rules and regulations for your rental property. In Oregon, these must be reasonable and cannot contradict terms in the lease agreement. Common topics include noise restrictions, maintenance responsibilities, pet policies, smoking policies, and waste disposal requirements. | Landlord's Rules and Regulations | 56 |
Prepare Security Deposit Receipt | Create a receipt for security deposits that complies with Oregon law. Oregon requires landlords to provide a receipt for any payment made by a tenant. The receipt should include the amount, date received, purpose of the payment, and where the deposit will be held. | Security Deposit Receipt | 63 |
Draft Notice of Entry Form | Create a form to notify tenants when you need to enter the rental unit. Oregon law requires at least 24 hours' written notice before entering a tenant's unit except in emergencies. Your notice should include the date, approximate time, and purpose of entry. | Notice of Entry Form | 70 |
Set Up Property Insurance | Obtain appropriate landlord insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Landlord insurance should include property damage, liability coverage, and loss of rental income protection. Consider requiring tenants to obtain renter's insurance as well. | - | 77 |
Prepare for Property Maintenance | Establish a system for handling maintenance requests and emergencies. Oregon law requires landlords to maintain properties in a habitable condition and make repairs within a reasonable time. Create a process for tenants to submit maintenance requests and establish relationships with reliable contractors for various types of repairs. | - | 84 |
Research Local Rent Control Ordinances | Investigate whether your property is subject to Oregon's statewide rent control law (SB 608) or additional local rent control ordinances. Oregon limits annual rent increases to 7% plus the consumer price index for buildings 15 years or older, with some exceptions. Some municipalities may have additional restrictions. | - | 91 |
Set Up Record-Keeping System | Establish a system for maintaining all rental-related records. Keep copies of all documents, communications with tenants, maintenance records, and financial transactions. Oregon requires landlords to retain certain records, and good documentation is essential if legal disputes arise. | - | 98 |
Frequently Asked Questions
In Oregon, a valid lease agreement should include: names of all parties, property address, lease term, rent amount and due date, security deposit details, maintenance responsibilities, pet policies, and any other house rules. Oregon law requires landlords to disclose specific information including the name and address of the person authorized to manage the property, move-in checklists, and information about any known lead-based paint if the property was built before 1978.
Oregon law doesn't set a maximum limit on security deposits, but market standards typically range from one to two months' rent. However, if you require a last month's rent deposit in addition to a security deposit, the total amount collected at move-in can become subject to interest requirements. Security deposits must be returned within 31 days after the tenant moves out, along with an itemized statement of any deductions.
In Oregon, landlords must provide at least 90 days' written notice before increasing rent for tenants who have lived in the property for more than one year. For tenants who have lived in the property less than a year, 30 days' notice is required. Additionally, Oregon has a statewide rent control law that caps annual rent increases at 7% plus the consumer price index (CPI) for properties that are 15 years or older, with some exceptions for newly constructed buildings.
When screening tenants in Oregon, landlords must disclose all screening criteria and fees upfront. Application fees must reflect the actual cost of screening. Oregon law prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, marital status, source of income, sexual orientation, and gender identity. Additionally, landlords must consider evidence of rehabilitation or mitigating factors when evaluating criminal history and cannot automatically reject applicants based solely on criminal records.
In Oregon, landlords must provide at least 24 hours' notice before entering a rental property for non-emergency reasons. The notice should specify the date, approximate time, and purpose of entry. Landlords can enter without notice in genuine emergencies. Tenants cannot unreasonably withhold consent for the landlord to enter for legitimate purposes such as repairs, inspections, or showing the unit to prospective tenants or buyers.
For month-to-month tenancies in Oregon, landlords must provide 30 days' written notice for tenancies less than one year, and 60 days' notice for tenancies of one year or more. During the first year of occupancy, landlords can issue no-cause terminations, but after the first year, landlords generally need a qualifying landlord reason (such as major renovations, demolition, or owner/family member moving in). Fixed-term leases typically end on the date specified unless renewed. Oregon has specific protections against retaliatory evictions.
Oregon landlords must maintain the property in a habitable condition, including: weatherproofing; functioning plumbing, heating, and electrical systems; clean and safe common areas; pest control; working smoke and carbon monoxide detectors; and compliance with building codes. Landlords must make repairs within a reasonable time after receiving notice from tenants. If landlords fail to make necessary repairs, tenants may have remedies including repair and deduct, rent withholding, or breaking the lease in severe cases.
Oregon landlords must disclose: the name and address of the property owner or authorized agent; any known lead-based paint hazards for properties built before 1978; information about flood risks if the property is in a 100-year flood plain; the smoking policy for the premises; and a copy of the completed move-in checklist documenting the condition of the unit. Additionally, landlords must provide tenants with educational materials on mold and radon hazards as specified by Oregon law.
Yes, Oregon landlords can prohibit pets in their rental properties, with the exception of service animals and emotional support animals, which are protected under fair housing laws. If you do allow pets, you can charge an additional pet deposit, but this must be reasonable and clearly stated in the lease agreement. Any pet policies should be clearly outlined in the lease, including types and sizes of pets allowed, additional fees, and pet-related responsibilities.
In Oregon, landlords can charge application fees, but they must be reasonable and reflect the actual costs of screening (credit checks, background checks, etc.). Before accepting any application fees, landlords must disclose their screening criteria, the amount of the fee, and whether prior applicants are still under consideration. If a landlord doesn't conduct a screening after collecting a fee, they must refund the fee. Landlords must also provide a receipt for any application fees collected.