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Last Update January 7th, 2023
- What is an Oregon Residential Lease Agreement
- Types of Oregon Lease Agreements
- Disclosures for Oregon Lease Agreements
- Oregon Lease Agreement Laws
- Oregon Residential Lease Agreement Sample
- FAQs About Oregon Lease Agreement
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What is an Oregon Residential Lease Agreement
This legally binding contract should also define which situations constitute lease violations, and what the eviction procedures would be in any of those scenarios. Lease agreements are longer in duration than rental agreements, but they’re otherwise similar in purpose and structure.
It’s important to note that lease agreements need to comply with any lease-related laws in the state where the property is located.
Types of Oregon Lease Agreements
There are many types of Oregon lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.
The most common types of lease agreements in Oregon include:
Standard residential lease agreements: Fixed set of terms that both the landlord and tenant commit to for a series of months or years.
Rent-to-own: Rent-to-own options allow the possibility for tenants to purchase the property they are renting.
Month-to-month: Similar basic terms to standard lease agreements, but they can be renewed or ended each month.
Commercial: Utilized by tenants that intend to use a piece of real estate to run a business.
Room rental: For rental properties that are located within shared living areas.
Sublease: Permits tenants to assign or “sublease” the property to another person.
Disclosures for Oregon Lease Agreements
Oregon lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property, or details about how the property is managed that they must be aware of.
These essential addendums include the following:
Agent/owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf (§ 90.305).
Carbon monoxide alarms: If the property’s heating system, appliances, or other fittings produce carbon the landlord must provide and install carbon monoxide alarms that meet the State Fire Marshal’s rules. If the alarms run on batteries, the landlord must also provide fresh batteries when the tenancy begins (§ 90.316).
Flood plain disclosure: Tenants must be informed if the property they are renting is located in the 100-year Flood Plain (§ 90.228). Landlords can learn whether the rental property is affected by flooding using the FEMA Flood Zone Lookup Tool.
Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
NSF dishonored check: If the landlord wants to charge a penalty fee to the tenant if a check fails to clear, it cannot be any higher than $35 by law (§ 30.701(5)).
Outstanding notices/pending suits: Landlords owning rental properties with 4 or fewer residential units must inform their tenant of any of the following (§ 90.310):
Outstanding notices of default under a trust deed, contract of sale, or mortgage, or notice of a trustee’s sale via a trust deed.
Pending declarations of foreclosure or lawsuits on the performance of a contract of sale
Foreclosure suits against the landlord’s mortgage, trust deed, or vendor’s lien on the property.
Pending proceedings to foreclose a tax lien.
Smoking policy: The landlord has to inform the tenants about the precise rules for smoking on the premises. Both the landlord and tenant must sign this acknowledgment (§ 90.220).
Utility/service fees: Any fees that the tenant has to pay for that benefit the landlord and/or other tenants living in the building (for example: shared heating costs) must be clearly noted in the lease agreement (§ 90.315).
A couple of residential disclosure laws in Oregon only apply in the City of Portland. These include:
Move-in checklist: Landlords must provide tenants in Portland with a move-in checklist for the property (§ 30.01.087(D)(1)), who will then have 7 days to complete it. If the tenant doesn’t do this in the given time, the landlord must take digital photos and compile a content report and provide it to the tenant before the 17th day of the agreement has passed.
Security deposit receipt: Tenants must receive a receipt for the security deposit detailing the amount and the name and location of the bank it is to be kept in (§ 30.01.087(B)(1)). This must be provided within 2 weeks from when the deposit is paid.
Oregon Lease Agreement Laws
An Oregon lease agreement must be written and signed within the laws of Oregon state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.
The most important laws to consider when you are renting a property in Oregon include:
Maximum security deposits: There is no limit on what a landlord in Oregonmay charge as a security deposit if the property is located outside the city limits of Portland (§ 30.01.087(A)(1)). However, in Portland itself, the deposit may be no higher than 50% of a monthly rental payment.
Security deposit return: The deposit must be returned to the tenant(s) within 31 days of vacating the property and returning the keys. Landlords must also give advance notice of any deductions.
Landlord’s right to enter: Landlords can enter the rental property for non-emergency reasons by giving 24 hours’ advance notice (a written notice is recommended) (§ 90.322).
Oregon Residential Lease Agreement Sample
Looking over a completed Oregon lease agreement sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.
FAQs About Oregon Lease Agreement
It is important to carefully prepare an Oregon lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in Oregon.
Can I Write My Own Oregon Lease Agreement?
It is possible to create an Oregon lease agreement completely online. Using our residential OR lease agreement maker you can tailor your document for your specific needs and take advantage of professional templates and expert tips.
Is There a Difference Between a Lease Agreement or Rental Agreement?
There is a key difference between an Oregon lease agreement and an Oregon rental agreement, which is the length of duration that they each cover.
Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.
Can I Break a Lease Early in Oregon?
If either the landlord or tenant needs to break an Oregon lease agreement early for any reason, they must provide the correct amount of notice in a written OR lease termination letter.
This letter needs to contain the following information:
The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party