State rental laws and regulations
Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.
State Laws & Regulations
State Laws & Regulations
Oregon
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 rental laws in Oregon handle everything from security deposits to termination notices so you can navigate these with ease.
This article is not intended to be exhaustive or a substitute for qualified legal advice. Oregon rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Oregon laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Oregon. The Oregon state bar association may have a referral service that can help you find a lawyer with experience in Oregon landlord tenant law.
Official Oregon Rental Rules, Regulations, and Guide
- ORS 90 – Residential Landlord and Tenant
- ORS 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)
- City of Portland Code Title 30 Affordable Housing Preservation and Portland Renter Protections
Oregon Rental Security Deposit Laws:
- 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 increase deposit. (ORS 90.300)
- Security Deposit Interest: No Statute
- Separate Security Deposit Bank Account: No Statute
- Pet Deposits: Allowed, but not for service animals. (ORS 90.300 (4))
- Deadline for Returning Security Deposit: 31 days (ORS 90.300 (13))
- Require Written Description / Itemized List of Damages and Charges: Yes (ORS 90.300 (14))
- Carpet Cleaning: A landlord can only withhold deposit funds for a carpet cleaning if it is specifically mentioned in the lease. (ORS 90.300 (7a)(A))
- Record Keeping of Deposit Withholdings: No Statute
- Receipt of Deposit: Yes, The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. (ORS 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. (ORS 90.300 (13) and (16))
Oregon Lease, Rent & Fees:
- Rent Is Due: Rent is payable at the “time and place agreed upon by the parties” without any 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. (ORS 90.220(3))
- Maximum Rent Increase: Each year by September 30, the state sets and publishes Oregon’s maximum allowable rent increase for the next year—capped at the lower of 10% or 7% plus inflation (CPI). (ORS 90.324)
- Rent Increases: Landlords may raise rent only once per year after the first year of tenancy and increases cannot exceed Oregon’s legal rent cap unless the property qualifies for specific exemptions. (ORS 90.323)
- Rent Increase Notice: 90-day written notice must be given for rent increases of any lease term longer than week-to-week, and 7-day written notice must be given for week-to-week leases. (ORS 90.323)
- Rent Grace Period: 4 Days (ORS 90.260(1))
- Allowable Fees: Landlords are allowed to charge screening fees (ORS 90.295), security deposits (ORS 90.300), utility or service charges (ORS 90.315), late fees (ORS 90.260), and lease violations and other damages (ORS 90.325 and ORS 90.401) as long as they follow the law. (ORS 90.140)
- Late Fees: Late fees are allowed only if it is 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. (ORS 90.260(1) and (2))
- Prepaid Rent: Allowed (ORS 90.300). If “last month’s rent” is prepaid, it must be used for the last month of the tenancy. (ORS 90.300(9))
- Returned Check Fees: The amount of 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. (ORS 90.302(2b))
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (ORS 90.365)
- Tenant Allowed to Repair and Deduct Rent: Yes (ORS 90.368)
- Landlord Allowed to Recover Court and Attorney Fees: Yes (ORS 90.255)
- Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (ORS 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. (ORS 90.302(2e) and ORS 90.453)
- Screening Tenants: Landlords can only consider relevant, recent criminal convictions when screening applicants and must ignore certain actions and categories. (ORS 90.303)
- Application Denial: If a landlord denies a rental application, they must provide written reasons for the denial within 14 days, allow the applicant to submit supplemental evidence, conduct an individualized review for criminal history, and disclose any screening or credit agencies used. (ORS 90.304)
- Application Fees: Landlords may charge an application screening fee only to cover actual screening costs, must disclose their screening process and criteria in writing, provide receipts, refund fees if no screening occurs, and can charge only once per applicant every 60 days. (ORS 90.295)
- Hold Deposits: Landlords may collect hold deposits after application approval but must refund them within five business days if the lease falls through for valid reasons. (ORS 90.297)
Oregon Rental Notices and Entry:
- Notice to Terminate Tenancy – Yearly Lease with No End Date: 60 days or more, in writing, from lease expiration. (ORS 91.060)
- Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed; the lease simply expires. (ORS 91.080)
- Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more, in writing, from lease expiration (ORS 91.070). If the tenant has lived in the unit for more than one year, 60 days notice must be given. (ORS 90.427)
- Notice to Terminate Tenancy – Week-to-Week Lease: 7 days or more (ORS 91.050), or 10 days if the tenant has lived there for more than one year. (ORS 90.427)
- No Cause Lease Terminations: Only allowed within the first year of tenancy, unless it is a week-to-week tenancy. After the first year, landlords can only terminate lease for qualifying landlord reasons and violations with proper notice. (ORS 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 notice of eviction can also be given if a tenant’s pet poses a dangerous threat to others. (ORS 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. (ORS 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. (ORS 90.427(5)). All of the following must be true:
- The dwelling unit is purchased separately from any other dwelling unit;
- The landlord has accepted a purchase offer from someone who intends to live in the unit as the person’s primary residence, and
- The landlord has provided notice, along with 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 tenancies that are week-to-week, 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. (ORS 90.394)
- Notice of Termination of All Other Leases for Nonpayment: A landlord must provide written notice 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. (ORS 90.394)
- 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 10 days’ written notice. (ORS 90.392)
- Required Notice before Entry: 24 hours. The notice must provide the reason for entry, the date and time of entry, and identify who entered the unit. (ORS 90.322(b))
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (ORS 90.322)
- Entry Allowed with Notice for Showings: Yes (ORS 90.322)
- Emergency Entry Allowed without Notice: Yes, but landlord must send notice within 24 hours after entry and specify the nature of the emergency. (ORS 90.322(1b))
- Entry Allowed During Tenant’s Extended Absence: Yes, landlord may reasonably enter if absence is greater than 7 days. (ORS 90.340)
- Notice to Tenants for Pesticide Use: No Statute
- Lockouts Allowed: No (ORS 90.375)
- Utility Shut-offs Allowed: No (ORS 90.375)
Oregon Rental 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. (ORS 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. (ORS 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 ORS 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. (ORS 90.453(2b))
- Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (ORS 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 ORS 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. (ORS 90.228)
- Renters Insurance: Landlords may require tenants to carry renters insurance up to $100,000 or the standard amount for similar local properties. (ORS 90.222)
- Maintenance and Habitability Requirements: Landlords must keep rental properties and common areas safe and in good condition. (ORS 90.320)
- Lease Provisions: Lease requirements and laws are outlined in ORS 90.220.
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.
- Baker County Small Claims
- Benton County Small Claims
- Clackamas County Small Claims
- Clatsop County Small Claims
- Columbia County Small Claims
- Coos & Curry County Small Claims
- Crook County Small Claims
- Deschutes County Small Claims
- Douglas County Small Claims
- Gilliam County Small Claims
- Grant County Small Claims
- Hood River County Small Claims
- Jackson County Small Claims
- Jefferson County Small Claims
- Josephine County Small Claims
- Klamath County Small Claims
- Lake County Small Claims
- Lane County Small Claims
- Lincoln County Small Claims
- Linn County Small Claims
- Malheur County Small Claims
- Marion County Small Claims
- Multnomah County Small Claims
- Polk County Small Claims
- Sherman County Courts
- Tillamook County Small Claims
- Umatilla & Morrow County Small Claims
- Union County Small Claims
- Wasco County Small Claims
- Washington County Small Claims
- Wheeler County Small Claims
- Eviction Cases Allowed in Small Claims: No (use county links above to research)
- Legal Aid Services
Oregon 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
Oregon Housing Authorities
- Oregon Housing Authorities (statewide coalition)
- Coos-Curry/North Bend City Housing
- Home Forward (serving the Portland Metropolitan area)
- Housing Authority of Clackamas County
- Housing and Community Services Agency (serving Lane County)
- Housing Authority of Douglas County
- Housing Authority of the County of Umatilla
- Housing Authority of Jackson County
- Housing Authority of Lincoln County
- Housing Authority of Malheur County (serving Malheur and Harney counties)
- Housing Authority of Salem
- Housing Authority of Yamhill County
- Housing Works (serving Crook, Deschutes, and Jefferson counties)
- Josephine Housing & Community Development Council
- Klamath County Housing Authority
- Linn Benton Housing Authority
- Marion County Housing Authority
- Mid-Columbia Housing Authority
- Northeast Oregon Housing Authority
- Northwest Oregon Housing Authority (serving Clatsop, Columbia and Tillamook counties)
- Washington County Department of Housing Services
- West Valley Housing Authority
Helpful Links
- Oregon Division of Financial Regulation (formerly known as the Oregon Insurance Division)
- Oregon Consumer Guide to Homeowner and Tenant Insurance (pdf)
- Oregon Department of Consumer and Business Services
- U.S. Department of Housing and Urban Development – Oregon
- Oregon Community Alliance of Tenants
- Resources for Oregon Tenants (OSPIRG)
Oregon Realtor and Landlord Associations
- Oregon Real Estate Agency
- Oregon Association of REALTORS®
- Portland Metropolitan Association of Realtors®
- Oregon Rental Housing Association
- MultiFamily NW
- Rental Housing Alliance of Oregon
- Portland Area Rental Owners Association
State Rental Laws Neighboring Oregon
- California Rental Laws
- Idaho Rental Laws
- Montana Rental Laws
- Nevada Rental Laws
- Utah Rental Laws
- Washington Rental Laws
Stay Compliant with Rental Manager Resources
Access Rental Manager Resources for the latest news and laws on the rental market, including 2025 updates in Oregon.
State Laws and Regulations
Rental laws vary from state to state. Select your state to learn more.