Free Oregon Residential Lease Agreement Form

An Oregon lease agreement outlines the terms under which a landlord agrees to rent a property to a tenant. It should include the duration of the lease, the size, and frequency of rental payments, information about additional costs, and the terms of use of the property.

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.

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.

To ensure that an agreement is legally binding in Oregon, it's crucial to incorporate all the relevant information and terms. 

Follow these steps to ensure that the agreement is well-written and complies with Oregon legislation:

1. Identify the parties involved: The names of the landlord and tenant(s) must be included in the agreement.
2. Specify the property's address and intended use: The property's address and intended use must be clearly stated in the agreement.
3. List the lease terms: Add any provisions for extending or renewing the agreement, along with the start and end dates of the lease.
4. Describe the payment details: The agreement must clarify the payment method, due date, rent amount, and any fees for late payments.
5. Include deposit information: This section should mention the security deposit amount and the timeframe for returning it to the tenant.
6. Add the occupants: Name in the agreement any non-paying occupants (if any) residing on the property.
7. Explain utility responsibilities: This section should mention which utilities are the landlord's responsibility and which the tenant(s).
8. Enumerate the furnishings: An itemized list must be included in the agreement.
9. Refer to the governing law: The lease agreement must refer to Oregon state law.
10. Provide a signature section: Add a section for the landlord and tenant(s) signatures.

To minimize the likelihood of errors, use an Oregon Residential Lease Agreement template to create your document.

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 (ORS § 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 (ORS § 90.316).
• Flood plain disclosure: Tenants must be informed if the property they are renting is located in the 100-year Flood Plain (ORS § 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 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 (ORS § 30.701(5)).
• Outstanding notices: Landlords owning rental properties with 4 or fewer residential units must inform their tenant of any of the following (ORS § 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.
• Recycling: Landlords of all properties with more than 4 units located in the Urban Growth Boundary must provide instructions on how the tenants may recycle correctly (ORS § 90.318).
• 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 (ORS § 90.220).
• Service Payments: 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 (ORS § 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 (PCC § 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 (PCC § 30.01.087(B)(1)). This must be provided within 2 weeks from when the deposit is paid.

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 (PCC § 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 (ORS § 90.300).
• 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) (ORS § 90.322).
• Domestic Violence:Tenants can be released from a rental agreement by providing 14 day notice and proof of protection or recent victimization from domestic violence, sexual assault, or stalking (ORS § 90.453(2b)).

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.

Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you: 

• Oregon Rental Application
• Oregon Eviction Notice
• Oregon Rent Late Notice
• Oregon Lease Termination Letter
• Oregon Month-to-Month Lease
• Oregon Sublease