As used in this chapter, unless the context otherwise requires: 'Landlord' means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part, and includes a person authorized to manage the premises or enter into a rental agreement. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. 'Dwelling unit' means a structure or the part of a structure used as a home, residence or sleeping place. 'Rental agreement' means all agreements, written or oral, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a dwelling unit. 'Rent' means any payment to be made to the landlord under the rental agreement in exchange for the right of a tenant to occupy a dwelling unit; does not include security deposits, fees, or utility charges. 'Security deposit' means a refundable payment whose primary function is to secure performance of a rental agreement. 'Fee' means a nonrefundable payment of money. 'Essential service' means heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows, and any cooking appliance or refrigerator supplied by the landlord. 'Good faith' means honesty in fact in the conduct of the transaction concerned.
ORS 90.100 to 90.465 and 90.505 to 90.850 shall be known and may be cited as the Oregon Residential Landlord and Tenant Act.
Unless created to avoid the application of this chapter, the following arrangements are not governed by ORS 90.100 to 90.465: (a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; (b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part; (c) Transient occupancy in a hotel or motel; (d) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (e) Vacation occupancy not to exceed 45 days; (f) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
Every duty under ORS 90.100 to 90.465 and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
Actual notice may be given by any writing. A party may give actual notice orally, unless a particular provision of this chapter requires written notice.
Written notice by a landlord or tenant to the other may be served by: (a) Personal delivery to the other party; (b) Delivery to the other party's last known address by first class mail, which adds three days to any notice period; (c) If the rental agreement so provides and other conditions are met, posting in a conspicuous place and mailing ('post and mail'), which also adds three days; (d) Electronic means if the rental agreement specifically provides for it and the tenant has affirmatively consented in writing.
A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing their rights and obligations. The terms of a fixed term tenancy, including rent, may not be unilaterally amended by either party. The landlord shall provide the tenant with a copy of any written rental agreement and all amendments within 30 days of execution. A rental agreement may include a smoking policy.
A rental agreement may not provide that the tenant: (a) Agrees to waive or forego rights or remedies under this chapter; (b) Authorizes a landlord to confess judgment; (c) Agrees that the landlord may take or hold property of the tenant as a lien without consent; (d) Agrees to exonerate the landlord from any liability for the landlord's negligence; (e) Agrees to pay the landlord's attorney fees in excess of what the court may award. Any provision prohibited by this section is void.
In any action on a rental agreement or arising under this chapter, the court shall award reasonable attorney fees to the prevailing party together with costs and disbursements.
A landlord may impose a late charge or fee for the late payment of rent only if: (a) The rental agreement provides for such a charge; (b) The tenant has not paid rent within four days after the date it is due (mandatory 4-day grace period); (c) The amount is reasonable. A late charge may be: a flat fee; a daily fee of no more than 6% of any flat fee charged; or a fee of 5% of the periodic rent charged no more than once every five days.
A landlord may adopt rules and regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: (a) It is reasonably related to the purpose for which it is adopted; (b) It is not for the purpose of evading obligations of the landlord; (c) The tenant has notice of it at the time of entering into the rental agreement; (d) For rules adopted after commencement of tenancy, 30 days written advance notice is given to month-to-month tenants.
A landlord may require an applicant to pay a screening charge before entering into a rental agreement, provided the landlord: (a) Discloses the screening criteria in writing before accepting any charge; (b) Uses the charge only to cover the actual cost of obtaining a consumer report and processing the application; (c) Refunds the charge if no screening was performed or if the unit was not available. The landlord must provide a receipt for any screening charge paid.
A landlord may require a tenant to pay a security deposit. There is no statutory maximum on the amount. The landlord shall: (a) Return the deposit or balance within 31 days after the tenancy terminates; (b) Provide the tenant with a written, itemized accounting of all deductions. Permissible deductions include: unpaid rent; damage beyond normal wear and tear; unpaid utility charges; cleaning costs if unit left in worse condition than received; and other charges the tenant owes. If the landlord fails to return the deposit or accounting within 31 days, the tenant may recover twice the amount wrongfully withheld plus reasonable attorney fees. Pet deposits are allowed but not for service animals. After the first year, a landlord may require a new or increased deposit; the tenant has at least three months to pay.
A landlord may charge the following nonrefundable fees without being required to provide an accounting to the tenant: (a) A fee for the actual cost of repairing damage to the premises caused by the tenant beyond normal wear and tear; (b) A fee for the actual cost of carpet cleaning if the carpet required cleaning beyond ordinary use; (c) A fee for late payment of rent as permitted by ORS 90.260; (d) A fee for a returned check or dishonored payment; (e) A fee for a pet as permitted in the rental agreement, not for service animals. Fee amounts must be set forth in the rental agreement.
In evaluating an applicant for a dwelling unit, a landlord may consider the applicant's rental history, character references, public records, criminal records, credit reports, credit references and income or resources. A landlord may not consider an applicant's immigration or citizenship status. A landlord may not reject an applicant solely because the applicant has been a victim of domestic violence, sexual assault, or stalking.
If a landlord denies an application, the landlord shall provide a written statement of the reasons for denial if the applicant requests it within 14 days of the denial. Failure to provide the written statement within 14 days of the request entitles the applicant to actual damages.
At or before commencement of the tenancy, a landlord shall disclose: (a) The name and address of the person who is the owner of the dwelling unit, or who is authorized to manage the premises; (b) The name and address of the person authorized to act for and on behalf of the landlord for purposes of service of process and receiving notices and demands.
A landlord must disclose to any prospective tenant, before the execution of a rental agreement, any pending action or proceeding involving the landlord's title to or interest in the premises that would materially affect the tenant's right to occupy the premises. Failure to disclose entitles the tenant to void the rental agreement or to recover damages.
A landlord may require a tenant to pay for utilities or services if the rental agreement so provides. A landlord who pays for utility services may bill the tenant for actual costs. A landlord may not profit from reselling utility services. If a landlord is responsible for utility services and willfully or negligently causes them to be discontinued, the tenant may terminate the rental agreement or recover damages, including the cost of substitute services.
A landlord shall install a carbon monoxide alarm in each dwelling unit before a new tenant takes possession of the unit. The alarm must be placed as required by applicable law and must be operable at the time of tenant possession. The tenant has a duty to notify the landlord if the alarm is not working properly.
Within 72 hours of notification by the tenant that a carbon monoxide alarm is not in working condition, the landlord shall repair or replace the alarm. A tenant may not remove, disconnect, or interfere with the operation of a carbon monoxide alarm.
A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For the purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors; (b) Plumbing facilities in good working order; (c) A water supply that produces hot and cold running water; (d) Adequate heating facilities in good working order; (e) Electrical lighting, with wiring and electrical equipment that conform to applicable law; (f) Building, grounds and appurtenances kept in every part clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; (g) An adequate number of garbage receptacles in good repair; (h) Floors, walls, ceilings, stairways and railings maintained in good repair; (i) Functioning locks on all exterior doors and latches on windows. This section may not be waived by a landlord or tenant.
A landlord or landlord's agent may enter the dwelling unit only: (a) In case of emergency; (b) To make necessary or agreed upon repairs, decorations, alterations or improvements; (c) To supply necessary or agreed upon services; (d) To show the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors; (e) Pursuant to court order; (f) As permitted by ORS 90.360(3) to correct a habitability condition. Except in cases of emergency or when the tenant has abandoned or surrendered the premises, the landlord shall give at least 24 hours' actual notice of the intent to enter and may enter only between 8 a.m. and 9 p.m. A tenant may not unreasonably withhold consent to entry. A landlord who makes an unlawful entry may be liable for actual damages or one month's rent, whichever is greater, and injunctive relief.
A landlord may not increase rent by more than 7% plus the annual change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the U.S. Bureau of Labor Statistics. The Oregon Department of Administrative Services publishes the maximum allowable rent increase percentage annually. A landlord must provide at least 90 days' written notice before a rent increase of less than 10%, and at least 180 days' written notice before a rent increase of 10% or more. A landlord may increase rent only once per 12-month period per tenant. Exemptions: (a) Dwelling units for which the first certificate of occupancy was issued less than 15 years before the increase; (b) Subsidized housing where rent is set pursuant to a government program; (c) Landlords who own four or fewer units and reside in one of them.
A tenant shall: (a) Pay rent when due; (b) Maintain the dwelling unit in a clean and sanitary condition and dispose of garbage and waste in a clean and safe manner; (c) Use all facilities and appliances in a reasonable manner; (d) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises; (e) Not engage or permit conduct that creates or maintains a serious nuisance; (f) Act and require other persons on the premises to act in a manner that does not disturb the peaceful enjoyment of the premises by neighbors; (g) Maintain any smoke alarm and carbon monoxide alarm installed by the tenant and promptly notify the landlord of any deficiency in a landlord-installed alarm.
A tenant may use a portable cooling device, including an air conditioner, in the tenant's dwelling unit during any period in which the National Weather Service has issued an excessive heat warning or heat advisory for the area where the dwelling unit is located. A landlord may not prohibit the use of such a device during those periods. A landlord may establish reasonable rules regarding the installation and use of the device. If a tenant violates such rules after notice, the landlord may issue a termination notice.
Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with ORS 90.320 (habitability), the tenant may: (a) Terminate the rental agreement after written notice to the landlord specifying the noncompliance and allowing a reasonable time (at least 30 days in most cases) to remedy the condition; (b) If the breach is remediable and the landlord has not remedied it within the allowed time, recover actual damages, obtain injunctive relief, or reduce the rent to an amount reflecting the diminished value of the premises.
If a landlord willfully or negligently fails to supply an essential service, the tenant may notify the landlord of the intent to procure substitute service and: (a) Recover the actual and reasonable cost or fair value of the substitute service from the landlord; (b) Reduce the rent by an amount reflecting the diminished value of the dwelling unit; or (c) Procure substitute service and deduct the actual and reasonable cost from the rent. Alternatively, if the failure makes the unit unfit for habitation, the tenant may terminate the rental agreement by written notice to the landlord and vacate the premises within the time specified in the notice, which must be at least 48 hours.
If a landlord fails to remedy a minor habitability defect within a reasonable time after the tenant has given written notice, the tenant may have the defect repaired or remedied and deduct the actual and reasonable cost from the rent, provided that the cost of repair does not exceed one month's rent. The tenant shall provide the landlord with a written receipt for any repair work performed.
If a landlord unlawfully removes or excludes a tenant from the premises, or willfully diminishes services to the tenant, the tenant may: (a) Recover possession of the dwelling unit; (b) Recover from the landlord the greater of two months' rent or actual damages sustained; (c) Recover reasonable attorney fees. An unlawful ouster includes changing or removing locks, removing doors or windows, disconnecting utilities, or removing the tenant's personal property without legal authority.
A landlord may not retaliate against a tenant who: (a) Complains to a governmental agency about a condition materially affecting health and safety; (b) Organizes or joins a tenant organization; (c) Complains to the landlord about the landlord's failure to maintain the premises; (d) Testifies in a proceeding involving the landlord. Retaliatory conduct includes raising rent, decreasing services, increasing the number of occupants allowed, and serving or threatening an eviction notice. There is a rebuttable presumption of retaliation if adverse action occurs within six months of a protected activity. A tenant may recover three months' rent or actual damages, whichever is greater, plus attorney fees.
Every notice of termination served on a tenant must include the name and contact information for the Oregon Department of Veterans' Affairs or similar veterans' service organization, if the landlord has reason to believe the tenant is a veteran or surviving spouse of a veteran. Failure to include this information may be raised as a defense to an eviction action.
A landlord may terminate a rental agreement for cause by giving written notice that specifies: (a) The act or omission constituting the violation; (b) That the rental agreement will terminate upon a date not less than 30 days after the date of the notice; (c) That the tenant may cure the violation within the specified time period and thereby avoid termination. If the tenant fails to cure within the period, the landlord may file a forcible entry and detainer action. If the same or substantially similar violation occurs three or more times within a 12-month period, the landlord may terminate with 10 days' notice and no right to cure on the third violation.
If the tenant fails to pay rent when due, the landlord may deliver a written notice requiring the tenant to pay the rent or vacate the premises on or before a date at least 72 hours (3 days) after delivery of the notice. If notice is given by mail, the period is 144 hours (6 days). The notice must state the amount of rent owed. If the tenant tenders the full amount before the period expires, the tenancy continues. If the tenant fails to pay or vacate, the landlord may file an eviction action.
Before or at the same time as delivering a notice of termination for nonpayment of rent, a landlord must deliver to the tenant a written notice that includes: (a) Information about rental assistance programs available in the area; (b) Contact information for at least one rental assistance program; (c) A statement that the tenant may have the right to obtain rental assistance. Failure to provide this notice is a defense to an eviction action.
A landlord may terminate a rental agreement with 24 hours' written notice if the tenant: (a) Intentionally causes substantial damage to the premises; (b) Threatens serious bodily harm to the landlord, another tenant, or neighbor, and there is clear and objective evidence of this threat; (c) Commits, or allows to be committed, a burglary of another tenant's unit; (d) Manufactures, delivers, or possesses with intent to deliver a controlled substance on the premises; (e) Commits arson or attempted arson.
A landlord may terminate a rental agreement for drug or alcohol violations by giving the tenant written notice as follows: (a) If the violation involves conduct described in ORS 90.396 related to controlled substances, 24-hour notice; (b) For drug or alcohol violations not covered by ORS 90.396 that are outlined in the rental agreement, 30-day notice with the opportunity to cure.
If the tenant fails to comply with ORS 90.325 (tenant duties) and has not remedied the condition after receiving proper notice from the landlord, the landlord may: (a) Terminate the rental agreement pursuant to ORS 90.392 or 90.396; (b) Recover damages; (c) Obtain injunctive relief; (d) Take any other action allowed by law.
If a tenant keeps a pet in the dwelling unit in violation of the rental agreement, the landlord may: (a) Give written notice requiring the tenant to remove the pet; (b) If the tenant fails to remove the pet within the notice period, issue a termination notice pursuant to ORS 90.392. A landlord may not prohibit a tenant from having a service animal or an assistance animal required by a person with a disability.
If the tenant abandons the dwelling unit, the landlord may retake possession. The landlord shall determine if the tenant has abandoned the premises by: (a) Observing the absence of the tenant and the tenant's possessions; (b) Establishing that rent is more than 10 days past due; (c) Posting written notice at the unit and mailing a copy to the tenant; (d) If the tenant does not respond within 8 days of posting, the landlord may retake possession and treat the unit as abandoned.
Acceptance of rent with actual knowledge of a ground for termination of a tenancy constitutes a waiver of the right to terminate on that ground, unless: (a) The acceptance is accompanied by a written reservation of the right to terminate; or (b) The tenancy has been terminated and the landlord accepts rent for the period before termination.
The tenant shall pay rent in accordance with the terms of the rental agreement. If the landlord accepts a partial payment of rent, the acceptance does not constitute a waiver of the right to terminate the tenancy for nonpayment of the remaining amount due, provided the landlord simultaneously gives the tenant a written notice stating the amount still owed and that the tenancy may be terminated for failure to pay the balance.
After a tenancy is terminated and the tenant has vacated, a landlord must: (a) Store any personal property left behind by the tenant; (b) Provide written notice to the tenant (at last known address) and any known lienholders of the location of the property and a deadline for claiming it; (c) If the property is valued at $1,000 or less, the landlord may dispose of it after the notice period; (d) If the property is valued at more than $1,000, the landlord must hold a public sale; (e) Apply sale proceeds first to storage/sale costs, then to rent owed, with excess held for the tenant for one year; (f) Dispose of hazardous property immediately. A landlord who improperly disposes of abandoned property is liable to the tenant for actual damages or $300, whichever is greater.
A landlord may terminate a month-to-month tenancy without cause by giving written notice as follows: (a) For tenancies of less than one year: 30 days' notice; (b) For tenancies of one year or more: 90 days' notice, and the landlord must state a permitted qualifying reason (landlord family occupancy, demolition, sale to owner-occupant buyer, etc.) and pay one month's relocation assistance. A landlord may not terminate a fixed-term tenancy before the end of the term except for cause. At the end of a fixed term, if the tenant has occupied the unit for one year or more, the landlord must provide 90 days' notice and a qualifying reason.
After termination of a rental agreement, the landlord may bring an action for: (a) Possession of the dwelling unit; (b) Rent and any other amounts owed under the agreement; (c) Damages sustained by reason of the tenant's breach. The tenant may raise any defense or counterclaim arising under ORS chapter 90 in such an action.
A landlord may not terminate a tenancy, fail to renew a tenancy, threaten to terminate, or otherwise retaliate against a tenant solely because the tenant or a member of the tenant's household is a victim of domestic violence, sexual assault, bias crime, or stalking. A landlord may terminate the tenancy of a co-tenant who is the perpetrator of domestic violence, sexual assault, bias crime, or stalking without affecting the tenancy of the victim. A victim tenant may raise this section as an affirmative defense in an eviction action.
A tenant who is a victim of domestic violence, sexual assault, bias crime, or stalking may terminate the rental agreement by giving the landlord at least 14 days' written notice, accompanied by a verification statement. A verification statement is a document signed by the tenant stating that the tenant or a member of the household is a victim and that providing the statement creates a legal duty not to disclose the information to the perpetrator. The tenant is responsible for rent through the termination date. The landlord shall return the security deposit as required by ORS 90.300.
A tenant who is a victim of domestic violence, sexual assault, bias crime, or stalking may request that the landlord change the locks to the dwelling unit. The landlord shall change the locks within 24 hours after receiving the written request and a copy of the verification statement. If the landlord fails to change the locks within 24 hours, the tenant may change the locks and must provide the landlord with a key. The landlord must provide a key to the perpetrator's replacement lock only upon court order.
A tenant may install an electric vehicle charging station at a parking space assigned to the tenant, subject to reasonable landlord requirements including: (a) The installation must meet all applicable codes and standards; (b) The tenant must obtain landlord approval before installation; (c) The tenant must carry insurance for the station; (d) The tenant is responsible for the cost of the station and any increased utility costs; (e) The station becomes the property of the landlord at the end of the tenancy unless the parties agree otherwise.
A tenant who is a member of the Oregon National Guard or Oregon State Defense Force and who is called into active service by the Governor may terminate a rental agreement by providing at least 30 days' written notice after the next rental payment is due. The tenant is not liable for any penalty for early termination.
A tenant who enters into military service with the U.S. Armed Forces or commissioned corps of the National Oceanic and Atmospheric Administration (NOAA) may terminate a rental agreement by providing at least 30 days' written notice after the next rent is due, along with a copy of the deployment or activation orders. The tenant is not liable for any lease break fee or penalty.
ORS 90.505 to 90.850 govern the rental of spaces in manufactured dwelling parks and marinas. A 'manufactured dwelling park' means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent. A 'marina' means a moorage of contiguous dwelling units owned by one person where four or more floating homes are secured. These provisions apply in addition to applicable provisions of ORS 90.100 to 90.465.
A landlord of a facility shall provide each new tenant with a written statement of policy (statement of policy) at the time of entering into a rental agreement. The statement of policy must include: the rules and regulations of the facility; the fees and charges; a description of services provided; the rental agreement; a description of the tenant's rights and obligations; and information about the availability of dispute resolution services. The rental agreement must be a written document.
A landlord of a facility may increase rent by giving tenants at least 90 days' written notice before the increase takes effect. The landlord must also offer to meet with all tenants at least 30 days before the increase takes effect to discuss the reasons for the increase. If the landlord fails to offer the meeting, any rent increase takes effect 30 days later than otherwise stated in the notice. A tenant organization may represent tenants at the meeting.
A landlord of a manufactured dwelling park may terminate a rental agreement for cause by giving written notice specifying the cause and the date of termination. Notice periods: (a) Nonpayment of rent: 72 hours (or 144 if mailed); (b) Material violation of the rental agreement or park rules: 30 days with right to cure; (c) Three or more nonpayment violations within a 12-month period: 30 days without right to cure; (d) Conduct that creates a clear and present danger to others: 24 hours.
A landlord who intends to close a manufactured dwelling park must: (a) Give all tenants at least 365 days' written notice of the closure; (b) Notify the Oregon Housing and Community Services Department within 10 days of providing the closure notice; (c) Pay each displaced tenant a relocation assistance amount, which varies based on the size of the manufactured dwelling; (d) The relocation assistance is in addition to, not in lieu of, the tenant's security deposit. Local governments may impose additional closure requirements.
In a facility, before a landlord or tenant may file an action in court arising out of a dispute that is subject to mediation under this section, the disputing party must first request mediation from the Oregon Rental Housing Association or another qualified mediation program. The mediation must take place within 30 days of the request unless the parties agree to a different time. Mediation is confidential. Either party may terminate mediation and proceed to court at any time.
Before a landlord sells a manufactured dwelling park or marina, the landlord must: (a) Give all tenants at least 90 days' written notice of the intent to sell; (b) Provide tenants with the opportunity to form a tenants' purchase association; (c) Negotiate in good faith with any qualified tenants' organization that presents an offer to purchase the park within the notice period. The tenants' organization has a right of first refusal if they can match a bona fide third-party offer.
A landlord of a manufactured dwelling park shall maintain the rented spaces, vacant spaces and common areas in a habitable condition. This includes: (a) Maintaining roads and sidewalks within the facility in safe condition; (b) Maintaining common area lighting; (c) Maintaining any landlord-provided utilities in working condition; (d) Maintaining trees in rented spaces if the tree is a hazard tree as defined in ORS 90.100; (e) Maintaining the facility in compliance with all applicable building, housing, safety, and health codes.
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