Oregon Residential Lease Agreement
A free Oregon lease template, plus what Oregon law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Oregon requires
| Smoking policy | The rental agreement must include a disclosure of the smoking policy for the premises that complies with ORS 479.305 (not required for manufactured dwelling and floating home spaces in a facility). Applies to: All residential rental agreements except facility spaces under ORS 90.505 to 90.850 Source: ORS 90.220(4) |
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| 100-year flood plain | If the unit is in a 100-year flood plain (as determined by FEMA's National Flood Insurance Program), the rental agreement must say so. If not, and the tenant suffers an uninsured flood loss, the tenant may recover the lesser of actual damages or two months' rent. Applies to: Units in a 100-year flood plain Source: ORS 90.228 |
| Owner and manager name and address | At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and of an owner or the owner's agent for service of process and notices, and keep it current. A manager who fails to comply becomes the landlord's agent for service and notices. Applies to: All residential rental agreements Source: ORS 90.305(1)-(3) |
| Foreclosure and other pending proceedings | Before the rental agreement is signed, the landlord must disclose in writing any outstanding notice of default or trustee's sale, pending foreclosure suit, pending forfeiture or specific-performance suit on a land sale contract, or pending tax-lien foreclosure. A tenant who moves because of an undisclosed proceeding may recover twice actual damages or twice the monthly rent (whichever is greater) plus prepaid rent. Applies to: Premises with no more than four dwelling units (not receiver-managed premises) Source: ORS 90.310 |
| Utilities paid by the tenant that benefit others | At or before the start of the tenancy, the landlord must disclose in writing any utility or service the tenant pays directly to a provider that benefits the landlord or other tenants (service delivered to any area outside the tenant's unit). A knowing failure lets the tenant recover twice actual damages or one month's rent, whichever is greater. Applies to: All residential rental agreements Source: ORS 90.315(2)-(3) |
| Carbon monoxide alarm instructions | A landlord may not enter a new tenancy in a unit with (or connected to a room with) a carbon monoxide source unless properly functioning CO alarms are installed; the landlord must give a new tenant alarm testing instructions and supply working batteries for battery-operated alarms at the start of the tenancy. Applies to: Units with or connected to a carbon monoxide source Source: ORS 90.316 |
| Renter's liability insurance requirement | Before a new tenancy, a landlord that requires renter's liability insurance must tell the applicant in writing of the requirement and the amount (no more than $100,000 per occurrence or the customary local amount, whichever is greater) and give a written summary of the exemptions for low-income households and subsidized units. Applies to: Leases requiring renter's liability insurance Source: ORS 90.222(1)-(2), (8)-(9) |
| Affordability restriction end date | For a unit subject to an affordability restriction, before charging a screening fee or signing a rental agreement the landlord must give the applicant the required notice of the earliest date the restriction could end. Applies to: Units subject to an affordability restriction (ORS 456.766) Source: ORS 90.308 |
Terms Oregon law requires or controls
| Fees must be described in the written agreement | A landlord may not charge a move-in fee for anticipated landlord expenses or any fee other than those allowed by ORS 90.302, and every allowed fee must be described in a written rental agreement. Allowed fees: late rent (ORS 90.260), dishonored check, smoke or CO alarm tampering (up to $250), pet-agreement violations, abandoning a fixed-term tenancy without cause (up to 1.5 times monthly rent, in place of other re-rental damages), and fees for repeat violations of written rules after a written warning (generally $50, or $50 plus 5% of rent for a third violation; up to $250 for smoking in a nonsmoking area or an unauthorized dangerous pet). Applies to: All residential rental agreements Source: ORS 90.302 |
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| Late fee terms | A late charge is allowed only if rent is not received by the 4th day of the rental period and a written rental agreement states the tenant's obligation to pay it, its type and amount, the rent due date and the date late charges become due. The charge may not exceed a reasonable flat fee once per period, a daily fee (from day 5) of no more than 6% of that flat amount, or 5% of the periodic rent for each 5-day period of delinquency. Applies to: All residential rental agreements Source: ORS 90.260 |
| Billing utilities to the tenant | A landlord may bill the tenant for a utility, service or public service charge billed to the landlord only if the written rental agreement provides for it; common-area charges must be described separately from unit charges. The agreement or bill must explain how the provider assesses the charge and how it is allocated among tenants, and the landlord must bill within 30 days after receiving the provider's bill. Applies to: Leases that pass utility charges to the tenant (not facility spaces) Source: ORS 90.315(4) |
| Carpet cleaning deduction | A landlord may deduct machine carpet cleaning from the deposit regardless of whether the tenant caused damage only if the carpet was cleaned or replaced before the tenant moved in and the written rental agreement provides for the deduction. Applies to: Leases with a security deposit Source: ORS 90.300 |
| Renter's insurance description | A landlord may require renter's liability insurance only if the landlord carries comparable liability insurance and gives documentation on request, and a written rental agreement requiring renter's insurance must describe that requirement. The landlord may not require a particular insurer, require being named as an additional insured, or require waiver of subrogation. Applies to: Leases requiring renter's liability insurance Source: ORS 90.222(5), (7) |
| Order of applying payments | Regardless of the lease, the landlord must apply payments first to past-due rent, then current rent, then utility or service charges, then late charges, then other fees and damage claims. Applies to: All residential rental agreements except facility spaces Source: ORS 90.220(9) |
| House rules and occupancy limits | Rules are enforceable only if they serve tenants' welfare or protect the property, are reasonably related to that purpose, apply fairly to all, are clear, do not evade the landlord's duties, and the tenant had written notice when signing or when adopted; later rules that substantially change the bargain need the tenant's written consent. An occupancy guideline may not be stricter than two people per bedroom and must be reasonable. Applies to: Leases with rules or occupancy guidelines Source: ORS 90.262 |
| Prevailing-party attorney fees | In any action on a rental agreement or under ORS chapter 90, the court may award reasonable attorney fees to the prevailing party, notwithstanding any agreement to the contrary. Applies to: All residential rental agreements Source: ORS 90.255 |
Clauses that are void in Oregon
| Waiver of rights | A rental agreement may not provide that the tenant waives or gives up rights or remedies under ORS chapter 90. Applies to: All residential rental agreements Source: ORS 90.245(1)(a) |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the agreement. Applies to: All residential rental agreements Source: ORS 90.245(1)(b) |
| Liability waivers and indemnity | A rental agreement may not excuse or limit liability for the other party's willful misconduct or negligence, or require the tenant to indemnify the other party for that liability. Applies to: All residential rental agreements Source: ORS 90.245(1)(c) |
| Liquidated damages | A rental agreement may not require the tenant to pay liquidated damages, except the fee for abandoning a fixed-term tenancy allowed by ORS 90.302(2)(e). Prohibited provisions are unenforceable; a landlord who deliberately uses and tries to enforce known prohibited provisions owes actual damages plus up to three months' rent. Applies to: All residential rental agreements |
| Rent free of repair duties | A rental agreement or related instrument may not permit the landlord to collect rent free of the duty to maintain the premises in habitable condition. Applies to: All residential rental agreements Source: ORS 90.250 |
| Unilateral changes to a fixed term | The terms of a fixed-term tenancy, including rent, may not be changed unilaterally by the landlord or tenant. Applies to: Fixed-term leases Source: ORS 90.220(2) |
| Immigration status questions | Except where a federal subsidy program requires it, a landlord may not ask about the immigration or citizenship status of an applicant, tenant or household member, and must accept a broad list of identification documents if it verifies identity. Applies to: All residential rentals Source: ORS 90.306 |
Format and delivery rules
| Copy of the lease | The landlord must give the tenant a copy of any written rental agreement and all amendments and additions. The landlord must keep a copy at the resident manager's office or the disclosed manager address, let the tenant inspect it within a reasonable time on request, and provide another copy on request for no more than the lesser of 25 cents a page or actual copying cost. Applies to: All written residential rental agreements Source: ORS 90.220(3); ORS 90.305(4) |
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| Separate statement of rent and utilities | If a utility bill to the tenant also states rent due, the amounts for rent and for the utility or service charge must be stated separately and distinctly. Applies to: Leases that pass utility charges to the tenant Source: ORS 90.315(4)(b) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Oregon law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Oregon law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Oregon law (ORS 90.260).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Oregon law sets no maximum; ORS 90.300). Landlord will return it, minus lawful deductions with any required itemized list, within the time Oregon law sets (ORS 90.300(12)-(13)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Oregon law requires (ORS 90.322), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Oregon law requires.
14. Fees must be described in the written agreement. (Write this clause to meet Oregon law: see "Fees must be described in the written agreement" above (ORS 90.302).)
15. Late fee terms. (Write this clause to meet Oregon law: see "Late fee terms" above (ORS 90.260).)
16. Billing utilities to the tenant. (Write this clause to meet Oregon law: see "Billing utilities to the tenant" above (ORS 90.315(4)).)
17. Carpet cleaning deduction. (Write this clause to meet Oregon law: see "Carpet cleaning deduction" above (ORS 90.300).)
18. Renter's insurance description. (Write this clause to meet Oregon law: see "Renter's insurance description" above (ORS 90.222(5), (7)).)
19. Order of applying payments. (Write this clause to meet Oregon law: see "Order of applying payments" above (ORS 90.220(9)).)
20. House rules and occupancy limits. (Write this clause to meet Oregon law: see "House rules and occupancy limits" above (ORS 90.262).)
21. Prevailing-party attorney fees. (Write this clause to meet Oregon law: see "Prevailing-party attorney fees" above (ORS 90.255).)
22. Disclosures attached. Landlord has given Tenant these disclosures required by Oregon law: Smoking policy; 100-year flood plain; Owner and manager name and address; Foreclosure and other pending proceedings; Utilities paid by the tenant that benefit others; Carbon monoxide alarm instructions; Renter's liability insurance requirement; Affordability restriction end date. [Attach each one.]
23. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
24. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.