Prepared by Oregon Student Public Interest Research Group OSPIRG , the scope of the handbook does not cover mobile, manufactured or floating home parks, and it should not be used as a substitute for the advice of an attorney. All rental agreements are covered by the Act except residency in:. The remedies provided by the Act are administered so that an injured party may recover appropriate damages. Both landlords and tenants have an obligation to perform every act in "good faith," in other words, honestly.
Each party also has a duty to do what it takes to reduce damages as much as possible. Renting is a two way street. Renters and landlords may unknowingly jeopardize their rights by not fulfilling their legal responsibilities.
Both parties need to work together to establish a smooth, comfortable arrangement. For instance, a paragraph ending with " If the lack of an essential service seriously and immediately threatens your health or safety, you can shorten the notice to 48 hours. It is not always easy to determine when a tenancy has terminated and the tenant has abandoned his or her personal belongings.
The first way in the Oregon Landlord-Tenant Law Handbook is when the tenancy ends without court action. The tenancy can end 1 with a tenancy termination notice, 2 when the rental agreement term expires, or 3 when the tenant relinquishes or abandons the rental property which can also be when the only tenant dies. In all three circumstances, the landlord must determine whether the tenant has, in fact, vacated the rental premises.
If so, the landlord must then determine whether it reasonably appears under all the circumstances that the tenant has left personal property on the premises with no intention of asserting any further claim to the premises or to the personal property. Tenants in Foreclosed Housing.
Tenants have protections during and after judicial and non-judicial foreclosure of a rental home. The Protecting Tenants at Foreclosure Act of was restored and became effective on June 23, The law protects tenants from immediate eviction by persons or entities that become owners of residential property through the judicial or non-judicial process, and extends additional protections for tenants with U.
Department of Housing and Urban Development Section 8 vouchers. What protections does the law provide tenants during foreclosure of the rental home? Special rules on security deposits and prepaid rent. When a property is in foreclosure, the tenant has the right to apply any security deposit or prepaid rent towards current or future rent.
ORS The tenant must notify the landlord in writing when doing this. As a tenant, you are entitled to exclusive possession to your rental unit, which means that you have the right to privacy. Landlords must make repairs when a rental unit becomes uninhabitable or otherwise needs repairs. To make these repairs, your landlord may enter your home with the appropriate contractor or repair person. Landlords also have the right to inspect your home from time to time to ensure that the apartment is in sound condition.
Finally, landlords also have the right to sell the rental property or rent the property to others. To that end, under certain conditions landlords may allow potential tenants or buyers to inspect the property. Generally speaking, a landlord must give you notice at least 24 hours in advance before entering your home, or even coming onto the yard area of the home you rent.
There are several exceptions to this general hour-notice rule. Every rented residential unit in Oregon, regardless of how low the rent is, must meet certain standards for safety, health and cleanliness. A rental must be waterproof and weatherproof. Doors and windows should seal properly, and the roof, floors and walls should keep out wind and rain. Windows should latch, and all outside doors should have working locks. Those locks should work properly with the keys the landlord provides to the tenant.
A unit must have hot and cold running water supplied through appropriate fixtures that are connected to a sewage system. The water must be safe to drink, and the plumbing system must be adequate for normal use and in good working order. The unit must have a heat source or sources adequate to heat the whole unit. The heating system must have been installed properly and be safe and in good working order. Electrical equipment, lighting and wiring must be properly installed at the time of installation and also must be adequate for normal use and kept in good working condition.
In the Oregon Landlord-Tenant Law Handbook, deposits are amounts of money that a tenant gives to the landlord with the understanding that the money will be returned at the end of the tenancy, as long as the tenant has paid the landlord all the money the tenant owes, and the tenant has not caused damage to the home. The most common deposit a landlord may require is a security deposit. Security deposits protect the landlord if the tenant fails to pay the rent or causes damage to the rental premises beyond ordinary wear and tear.
Your landlord cannot charge you for normal wear and tear. In Oregon there is no minimum or maximum amount your landlord can charge for the security deposit. A landlord is required to provide a tenant with a receipt for the security deposit. Your landlord does not have to pay you the interest earned on your security deposit. You should carefully inspect and document the condition of the rental unit before moving in, and again before moving out.
Photographs and witnesses can be helpful in settling disputes later on. Many landlords also require tenants to prepay money for their last month of rent. Prepaid rent is any payment required by the landlord for a monthly or weekly rent obligation that is not yet due. If you move out owing rent, however, your landlord may take the rest of what you owe in rent from your prepaid rent. Your landlord must give you the balance of your prepaid rent — and a written explanation of what was kept and why — within 31 days after the termination of the tenancy and the delivery of the rental unit to the landlord.
Your landlord may not apply prepaid rent towards anything other than unpaid rent. If your landlord wrongfully keeps part or all of the money, you have up to one year to settle the matter or file a lawsuit for up to twice the amount of the money your landlord kept. Can the landlord increase the amount of my deposit? During the first year of the tenancy, your landlord may not require you to pay a new or increased security deposit unless you and the landlord agree to modify the terms of the lease; in that case the additional security deposit must relate to that modification.
For example, if you want a pet and your landlord agrees to let you have a pet in the unit, he or she has the right to increase your deposit. Without such a modification to the lease, if your landlord requires you to pay an additional security deposit after you have been in the rental premises for a year or more, you have at least three months to pay the increase.
For more information about the Oregon Landlord-Tenant Law Handbook, or to speak with us about the property management services that we can offer you, contact us today by calling or —. Info PortlandRentalManagement. Illegal Housing Discrimination You may be protected by federal, state or local laws that shelter certain categories of people from being discriminated against when it comes to renting, buying or financing a home.
Reasonable Rules in Mobile Home Parks and Floating Home Facilities A landlord of a mobile home park also called a manufactured dwelling park or floating home marina must have written rules and regulations about how tenants use the rented space and park or marina facilities, and they must be attached to the Statement of Policy given to tenants when they move in.
The rule or regulation must also meet all of the following criteria: The rule must be reasonably related to the purpose for which it is adopted, and it must be reasonably applied.
The rule must be clear enough to inform the tenant fairly of what he or she must do or not do. Landlord Rules in Conventional Rental Housing Note: This topic will cover rules for landlords in conventional rental housing — not housing in a mobile home park or floating home facility. For a landlord to legally enforce rules or regulations, the following conditions must be met: The proposed rule must be created to promote the safety and welfare of the tenants, to preserve the property from abusive use, or to fairly provide services and facilities for the general use of all tenants.
The rule must be written clearly enough for the tenant to understand what he or she must do or must not do. The rule must apply to all tenants in a fair manner. Finally, the tenant must get written notice of the rules at the time he or she signs the rental agreement, or when the rules are adopted. Residential Evictions This information applies to residential tenancies. Getting Repairs Made Most residential rental units will need to be repaired at one time or another.
Tenants in Foreclosed Housing Tenants have protections during and after judicial and non-judicial foreclosure of a rental home. Notice of pending foreclosure action In non-judicial foreclosure proceedings, state law requires that a tenant living in a home or apartment that is being foreclosed be notified at least days before the foreclosure sale date. Landlord-tenant law applies during the foreclosure During any foreclosure proceeding, landlord-tenant law still applies.
The tenant must continue to pay rent, in most cases to the original landlord. In some cases, the home loan agreement gives the lender the right to collect rent from the tenants if the landlord misses mortgage payments. Oregon Landlord Tenant Rights Last Updated: January 10, by Elizabeth Souza In Oregon, if rent is exchanged for inhabiting a property, then both tenants and landlords have obtained certain responsibilities and rights under law.
Landlord Responsibilities in Oregon In Oregon, all landlords must provide a habitable dwelling and must make requested repairs within seven days for essential services and 30 days to repair all other issues. To chat with an Oregon landlord tenant attorney, Click here. Item Landlord Responsibility? Tenant Responsibilities in Oregon Aside from paying rent regularly and on time, Oregon tenants must: Keep the unit in a safe and habitable condition.
Keep all plumbing fixtures clean and sanitary. Use all facilities and appliances in a reasonable manner. Use the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner. Dispose of all waste in a legal, clean and safe manner.
Make small repairs and maintenance. Test the smoke detectors and carbon monoxide alarm every six months and replace batteries if needed. Not remove or tamper the smoke detector or carbon monoxide alarm. Not destroy or damage any part of the premises. Not remove or tamper the sprinkler head for fire suppression.
Not disturb other tenants or neighbors. Time Limit for Returns — 31 Days. Penalty if Not Returned on Time — If an Oregon landlord wrongfully withholds rent then they may be liable to pay a fine equal to twice the value of the deposit. Allowable Deductions — Unpaid rent, costs for damages the exceed normal wear and tear. Oregon is one of the few states in the US that has statewide rent control policies. However, this rent control does not necessarily apply to raw rental prices but rental increases.
Rental increases. Rent-related fees.
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