- What Is an Oregon Residential Rental Application
- Oregon Rental Application by Type
- What to Include in an Oregon Rental Application Form
- Oregon Rental Application Laws
- Oregon Rental Application Sample
- FAQs About Oregon Rental Application Form
Oregon Rental Application
What Is an Oregon Residential Rental Application
Landlords use Oregon rental applications to screen and assess potential tenants before committing to an official lease. This real estate document allows you to safely and confidentially collect this data from the applicant to make an informed decision on if they are the right option for your rental property.
Rental applications are also sometimes known as:
Applications for a rental property
Rental Lease applications
The tenant’s rental history
Information about their income
Details on criminal record and credit history
Personal references for the applicant
Oregon Rental Application by Type
When you create a rental application in Oregon, there are two types of templates that are most commonly used. Depending on the property, its designation, and the location it’s being rented in, you could need either of the following forms.
Standard/General Oregon rental application: The most common form used by OR landlords. These can be adjusted and modified to fit the precise needs of you or a property manager, as well as the data you want to acquire from the applicant.
Department of Housing and Urban Development (HUD) Rental Application: This is a type of rental application used by owners or managers of Section 8 Housing. The HUD rental application is designed and optimized to screen tenants who qualify for subsidized housing.
What to Include in an Oregon Rental Application Form
Both landlords and tenants need to provide specific information on a Oregon rental application. This is so it complies with state laws and allows an informed decision to be made. The details each party should provide can be seen below.
|Data the Tenant Can Be Asked for||Essential Disclosures from the Landlord|
|Personal data||The property’s condition|
|Rental history||Potential hazards to the tenant|
|Employment details||Shared utility arrangements|
|Income information||Rent control rules|
|Credit history||Smoking policy|
|Personal references||The security deposit|
|Permission for background checks||Associated fees|
The information offered by either the landlord or tenant will vary from application to application. However, it is vitally important that both sides get the clearest picture possible about the nature of the lease before signing an agreement.
Oregon Rental Application Laws
Oregon state has various laws regarding the use of rental applications. If your document is not compliant with OR law, you may get sued by the applicant and face legal consequences.
In Oregon, there is a state limit on rental application fees. OR Landlords cannot charge tenants more than average actual cost of screening applicants as an application fee (§ 90.295). This amount is non-refundable.
Oregon doesn’t set any limits on how much you can charge as a security deposit (§ 90.300). However, it is recommended not to charge more than 1-2 months rent for this amount.
Housing Discrimination Law
Oregon has no specific statutes policing housing discrimination. Nevertheless, the Fair Housing Act (FHA), is enshrined in federal law meaning that landlords may not refuse a tenant for discriminatory reasons.
Under the FHA you may not reject a tenant application for reasons such as their race, religion, sex, family status, or because they have any disabilities. You may also not discriminate against their criminal history (whether or not a background check is carried out) or nationality.
As a consequence, you are not allowed to ask for any of these details on an OR Rental Application form, nor to include them in the decision-making process. However, in Oregon, certain exemptions from fair housing laws exist. These are as follows:
Sex/sexual orientation: laws relating to discrimination against sex or sexual orientation do not apply to single-family residences where the owner is an occupant, and they will share a common area with the tenants.
Housing for older persons: it is allowed to ask for an applicant’s age for age-restricted communities (such as senior housing).
Familial status: landlords may ask whether children will occupy the premises for two-family owner-occupied buildings.
Private clubs: clubs that do not operate publicly and do not rent for commercial purposes can give preference to certain applicants.
Religious organizations: religion can be used as a basis for giving priority to certain applicants for properties that are owned or managed by a religious organization that does not rent with commercial intent.
Mrs. Murphy exemption: dwellings with four units or fewer, in which one unit is occupied by the owner, and where the landlord is not represented by a real estate agent, are exempt from fair housing requirements.
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for possible denial or approval in advance. To prove that this information has been shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
Within Oregon, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).
Oregon Rental Application Sample
Before starting your own OR rental application, it’s a good idea to look over a sample document first. Use our example rental application below to get a clearer idea of what you should include and how the final form will appear.
FAQs About Oregon Rental Application Form
Understanding what your Oregon rental application can and cannot do is vital before you create your own from scratch. Find out more about how these screening documents work and what you need to know when writing them
Why Do I Need an Oregon Rental Application?
An Oregon rental application gives you the opportunity to learn more about your tenant before committing to a legal contract with them. The application lets you collect data on your prospective rental resident, so you may carry out important checks to:
Review their rental history
Verify their employment and income
Learn of any criminal history or credit issues
What Cannot Be Asked on Rental Applications in Oregon?
You cannot ask tenants a number of questions when you are vetting them with an OR rental application document. On a rental application, you must not request information from the applicant regarding their race or ethnicity, religion, sexuality, immigration or citizenship status, arrest records, marital or familial status, and whether they have children or not.
Do I Need to Ask for a Social Security Number in an Oregon Rental Application?
It is not usually necessary to request a Social Security number (SSN) on an OR rental application. However, you may consider requesting this data from an applicant if you want to run certain background checks on them.
Additionally, you must always get written permission from the tenant on the application form if you want to use their SSN. When you handle someone else’s Social Security information you always need consent first and must disclose that you will properly handle this data.
These days, most screening companies can obtain the applicant’s SSN directly by requesting it securely from the applicant via email. Remember, however, that you must always inform the potential tenant and have their permission before you run any background checks.