Oregon State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Or. Rev. Stat. § 90 – Residential Landlord and Tenant
Or. Rev. Stat. § 91 – Tenancy
Or. Rev. Statutes Vol. 03 § 90 to 130 – Landlord-Tenant, Domestic Relations, Probate (expand Volume 3)
Oregon State Bar – Landlord Tenant Law
City of Portland Landlord Training Manual (pdf)

Security Deposit:

Security Deposit Maximum: No Statute. After the first year of tenancy, the landlord is allowed to charge a new or increased security deposit, and the tenant is given at least three months to pay the new or increased deposit.
Security Deposit Interest: No Statute
Separate Security Deposit Bank Account: No Statute
Pet Deposits: Allowed, but not for service animals. (Or. Rev. Stat. § 90.300 (4))
Deadline for Returning Security Deposit: 31 days (Or. Rev. Stat. § 90.300 (13))
Require Written Description / Itemized List of Damages and Charges: Yes (Or. Rev. Stat. § 90.300 (14))
Carpet Cleaning: A landlord can only withhold deposit funds for carpet cleaning if mentioned in the lease. (Or. Rev. Stat. § 90.300 (7a)(A))
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. (Or. Rev. Stat. § 90.300 (2a))
Failure to Comply: If the landlord fails to return all or any portion of any prepaid rent or security deposit due to the tenant within 31 days after the tenancy is terminated, the tenant may recover the money due in an amount equal to twice the amount. (Or. Rev. Stat. § 90.300 (13) and 90.300 (16))

Lease, Rent & Fees:

Rent Is Due: Rent is payable at the “time and place agreed upon by the parties” without additional demand or notice. Rent is paid at the dwelling unit unless an alternative agreement is reached. Periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month for a month-to-month tenancy or each week if the tenancy is week-to-week. Rent is not considered due before the first day of each rental period. (Or. Rev. Stat. § 90.220(3))
Rent Increase Notice: 30-day written notice must be given for rent increases in month-to-month leases, and 7-day written notice must be given for week-to-week leases. (Or. Rev. Stat. § 90.220(7a))
Rent Grace Period: 4 Days (Or. Rev. Stat. § 90.260(1))
Late Fees: Late fees are allowed only if documented in the lease and tenants are more than five days late paying the rent. Landlords can charge 1) a one-time, flat fee that is “reasonable” for the area’s rental market, 2) a daily late fee that is no more than 6% of a one-time, flat fee, or 3) a late fee that is equivalent to 5% of the monthly rent that is charged once every five days until the rent is paid. (Or. Rev. Stat. § 90.260(1) and (2))
Prepaid Rent: Allowed (Or. Rev. Stat. § 90.300). If “last month’s rent” is prepaid, it must be used for the last month of the tenancy. (Or. Rev. Stat. § 90.300(9))
Returned Check Fees: The dishonored check fee may not exceed $35 (ORS 30.701 (5)) plus any amount that a bank has charged the landlord for processing the dishonored check. (Or. Rev. Stat. § 90.302(2b))
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (Or. Rev. Stat. § 90.365)
Tenant Allowed to Repair and Deduct Rent: Yes (Or. Rev. Stat. § 90.368)
Landlord Allowed to Recover Court and Attorney Fees: Yes (Or. Rev. Stat. § 90.255)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Or. Rev. Stat. § 90.410)
Abandonment Fee: Landlord can charge up to 1.5 times the monthly rent to tenants who abandon the lease. Members of the military and victims of domestic violence are exempt. (Or. Rev. Stat. § 90.302(2e), Or. Rev. Stat. § 90.453, and Or. Rev. Stat. § 90.457).

Notices and Entry:

Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more, in writing, from lease expiration. (Or. Rev. Stat. § 91.060)
Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed; the lease expires. (Or. Rev. Stat. § 91.080)
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more, in writing, from lease expiration (Or. Rev. Stat. § 91.070). If the tenant has lived in the unit for more than one year, 60 days’ notice must be given. (Or. Rev. Stat. § 90.427)
Notice to Terminate Tenancy – Week-to-Week Lease: 7 days or more (Or. Rev. Stat. § 91.050), or ten days if the tenant has lived there for over a year. (Or. Rev. Stat. § 90.427)
Termination of Tenancy with 24 Hours Notice: Landlords are allowed to issue 24-hour evictions if the tenant poses a “substantial” danger to themselves others, engages in or promotes prostitution, or is guilty of manufacturing, dealing, or possessing drugs classified as controlled substances. 24-hour eviction notice can also be given if a tenant’s pet poses a dangerous threat to others. (Or. Rev. Stat. § 90.396) Tenants who live in drug and alcohol-free housing for less than two years may receive a 24-hour eviction notice if they possess alcohol, illegal drugs, or a controlled substance without a medical prescription. (Or. Rev. Stat. § 90.398). ,
Notice to Terminate Lease due to Sale of Property: If a landlord sells the rental unit, the landlord must give the tenant 30 days written notice if the tenant has a month-to-month lease or 60 days written notice if the tenant has lived in the unit for more than a year. (Or. Rev. Stat. § 90.427(5)). All of the following must be true:
1. The dwelling unit is purchased separately from any other dwelling unit;
2. The landlord has accepted a purchase offer from someone who intends to live in the unit as the person’s primary residence, and
3. The landlord has provided notice and written evidence of the purchase offer to the tenant not more than 120 days after accepting the offer to purchase.
Notice of Date/Time of Move-Out Inspection: No Statute
Notice of Termination of Week-to-Week Leases for Nonpayment: For week-to-week tenancies, a landlord must provide written notice of intent to terminate the rental agreement due to nonpayment of the rent and give the tenant 72 hours to remedy the nonpayment (Or. Rev. Stat. § 90.394(1)). Notice of Termination of All Other Leases for Nonpayment: A landlord must provide written information of nonpayment and give the tenant 72 hours, given no sooner than the eighth day of the rental period, or 144 hours, given no sooner than the fifth day of the rental period, to remedy nonpayment (Or. Rev. Stat. § 90.394(2)).
Termination for Lease Violation: A rental agreement is terminated 30 days after written notice is provided to the tenant. If the tenant violated another lease agreement within the last six months, the landlord may give ten days’ written notice. (Or. Rev. Stat. § 90.392)
Required Notice before Entry: 24 hours. The notice must provide the reason for entry, the date and time, and identify who entered the unit (Or. Rev. Stat. § 90.322(b)).
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Or. Rev. Stat. § 90.322)
Entry Allowed with Notice for Showings: Yes (Or. Rev. Stat. § 90.322)
Emergency Entry Allowed without Notice: Yes, but the landlord must send notice within 24 hours after entry and specify the nature of the emergency. (Or. Rev. Stat. § 90.322(1b))
Entry Allowed During Tenant’s Extended Absence: Yes, the landlord may reasonably enter if the absence is greater than seven days. (Or. Rev. Stat. § 90.340)
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No (Or. Rev. Stat. § 90.375)
Utility Shut-offs Allowed: No (Or. Rev. Stat. § 90.375)

Disclosures and Miscellaneous Notes:

Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property. (Or. Rev. Stat. § 90.305)
Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions. (Or. Rev. Stat. § 90.220(3))
Domestic Violence Situations:
- Proof of Status: Landlord is entitled to verify a tenant’s claim of Domestic Violence status. The tenant must complete the form found in Or. Rev. Stat. § 90.453.
- Termination of Lease: If the tenant or a tenant’s immediate family member is a domestic violence victim, the landlord shall release the tenant or family member from the rental agreement if the tenant gives a landlord at least 14 days written notice making such a request. (Or. Rev. Stat. § 90.453(2b))
- Locks: Landlords must change the locks if requested by a domestic violence victim at the tenant’s expense. (Or. Rev. Stat. § 90.459)
Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a government body or for involvement in a tenant’s organization. Other actions are prohibited; read Or. Rev. Stat. § 90.385 for more information.
100-Year Floodplain: If a dwelling unit is in a 100-year floodplain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the floodplain. (Or. Rev. Stat. §§ 90.228)

Court Related:

Oregon Attorney General
Oregon State Judicial Department
Oregon State Bar Association
Oregon Small Claims Court Limits: $10,000 unless different at the county level.
Eviction Cases Allowed in Small Claims: No (use county links above to research)
Legal Aid Services

Business Licenses:

Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
Portland Landlord Training – Fall and Spring Sessions

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