Oregon, the state with the only flag with two different sides. Portland has more breweries than any other city in the world! Nike was born in Oregon and yes, there is a little-known law that no more than two people may share a drink. This is why we provide this Oregon Landlord Tenant summary, to be sure you understand the regulations.
At a Glance:
Late Fees: A fair flat charge is permitted when specified in the lease, but only may be assessed after 5 days.
Security Deposit: There are no stated limitations on what may be collected for a security deposit.
Returned Payment Fee Limit: This fee may not exceed $35 plus any fees the bank has charged the landlord for.
Notice to Enter: The landlord must give the tenant 24 hours’ notice to enter in order to make repairs, or show the property. However, if there is an emergency, immediate entrance is permitted, with a notice of 24 hours provided to the tenant after entry.
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Late Fee/Returned Check Fee:
Late Fee: Oregon permits a reasonable flat late fee; generally, meaning, the amount of the late fee should equal the costs the landlord incurs because of the late rent payment. If you desire to charge a fee on a per-diem basis, it cannot be:
- more than 6% of what you charge as a reasonable flat fee; or
- more than 5% of the periodic rental amount
No late fee may be assessed or charged until 5 days have passed from when the rent was due. The late fee must be explicitly described in the lease agreement.
Returned Payment: If an Oregon renter presents a check for the rent that was returned for non-sufficient funds, the landlord may charge a fee not to exceed $35. This must be specified in the lease.
Security Deposits:
Oregon possesses unique policies surrounding a security deposit, its collection and return. Although there are no specified limitations on the amount you may collect a written receipt must be provided to the renter and the amount must be stated in the lease.
Deductions from the security deposit may only be fore unpaid rent, physical damages beyond normal wear and tear, any damage caused by the inability to rent the unit while waiting for the repairs, and carpet cleaning. However, carpet cleaning may only be deducted if an actual carpet cleaning machine was used, and the carpet was cleaned before the renter occupied the unit and the lease contains language regarding this.
Pro Tip: Download our Security Deposit Cheat Sheet for an easy reference for what repairs you can and can’t deduct from the security deposit!
The entire security deposit, or part of it with a statement or none with a statement must be returned to the renter within 31 days of renter moving out. It can be given to the renter directly or mailed first class to the last known address.
Watch out for these common security deposit mistakes made by landlords!
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Maintenance:
Oregon Landlords must maintain the rental property in a livable condition. Some of the items to make the premises livable are: Plumbing must be in good working order, water must be safe to drink, heat and electric must be in working condition. These are just a few and a complete list may be found under 2015 ORS 90.320(1).Right of Entry:
If an emergency occurs, the landlord may enter without notice but must provide a tenant notification of the emergency entrance within 24 hours of going in. This is only if the tenant is absent from the rental premises. For non-emergent situations, the landlord and tenant may agree that the landlord or an agent of the landlord may enter without notice. This must be agreed upon ahead of time such as in the lease. Access to the rental premises stipulations can be found in the Oregon laws under 2015 ORS 922.Notice to End Lease:
In order to end a lease that runs on a month to month basis, the landlord must provide a 30-day written notification to the tenant. Beware, however, that if the property is within the city of Portland, a 90-day notice would be needed. If the renter has lived month to month for over a year, a 60-day notice is needed, except again, in Portland, 90 days is required. Week to week tenancies require a 10-day notice.Eviction:
Evictions can be a bit tricky in Oregon. For instance, if the rent is more than 7 days late, the landlord can provide a notice to evict if that rent is not paid within 72 hours. OR you can provide a similar notice after 5 days of the rent being late giving the renter 144 hours to pay or you will evict. Notices for any violation including non-payment must be in precise language and served to the renter as outlined in ORS 90.392 and/or ORS 90.394. Failure to use proper notices and deliver to the renter correctly may result in longer eviction times or worse.Questions? Ask an Attorney!
Have questions about Oregon landlord-tenant laws? We have you covered. Ask in the box below, to have your questions answered by living, flesh-and-blood attorneys!DISCLAIMER: Wellspring Financial LLC DBA SparkRental.com is for informational purposes only! Any information, legal or otherwise is provided “as is” without any representations, truth, accuracy, exactness or warranties, expressed or implied. Any data, form, or information provided shall NOT be construed or taken to be legal advice. You must NOT rely on any data, form, or information on this website as an alternative to obtaining sound, legal advice from a licensed or professional legal service provider.
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In the case of the landlord using USPS / paper mail as the only method to collect rent in Oregon, is rent determined late based on when it is received by the landlord/property management company, or when it is post-marked (ink over the postage stamp) by the Post Office?
Asking as USPS is a third party whose delivery windows are estimated. If based on when checks are received by the landlord, this places the Renter at the mercy of USPS to deliver within estimated windows or face late fees.
If based on when the mail is post-marked (my assumption), the onus is on the Renter to get rent checks submitted to USPS by the 1st of the month – which seems appropriate but is worth confirming.
Thank you!
Hi Guy, the tenant is responsible for getting the rent to the landlord by the due date. That may mean mailing the check on the 25th of the month to ensure it arrives by the 1st of the next month, for example.
Landlord informed tenant that there would be a $400 rent increase when the lease expired in 5 months. If tenant doesn’t want to sign a year lease at the $400 increase, the landlord plans on putting the house on the market to sell. Tenant chose not to renew lease. According to the lease agreement, there is a $5700 lease break fee, which is $1500 above what is legal in Oregon. What happens if the tenant breaks the lease 3 months early? Does the tenant have to pay the lease break fee and each months rent for remainder of the lease? Is it legal to charge $100 late fee for every day after the 5th?
Renter owes rent for the past three months. What is proper Oregon form (website for form) to use to inform renter of their over due rent and that by Oregon law they can be evicted?