Is it necessary to have a written lease in the State of Oregon?

Oregon law does not require a written lease or rental agreement, however, it is recommended. If there is a written agreement, the landlord must provide the tenant with a fully signed copy.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Yes, the landlord can require a security deposit, except in the case of a week-to-week tenancy. After the first year of the tenancy, a landlord can charge or increase the deposit but must give the tenant at least 3 months to pay it.

The landlord has 31 days after termination of the rental agreement and the tenant’s move to refund all deposits due. If the landlord needs to keep any of the deposit money to cover damages, breakage, unpaid rent, etc, a statement must be forwarded to the tenant within the 31 days showing the use of that money. Security deposit monies may not be claimed to cover ordinary wear and tear. State law does not require landlords to pay interest on deposits.

What about other fees?

A landlord may charge both a fee and a security deposit. After the tenancy ends, the landlord must first use the fee that the tenant has paid to pay for any costs before the landlord can use the security deposit to pay those costs.

A landlord CANNOT charge a fee just to place a tenant’s name on a waiting list for a unit. However, a landlord can charge an applicant a screening fee which covers the cost of obtaining information (such as a credit report). The application screening fee may not be greater than the customary amount charged by tenant screening services or consumer reporting agencies for a comparable level of screening. The landlord must provide receipts for the screening fee, as well as notify the potential tenant in advance, in writing, that there will be such a fee. The landlord can also charge a deposit to hold the unit, provided that there is a written agreement in place which describes when the deposit must be refunded and when it can be kept by the landlord.

When is the landlord allowed to increase the rent?

Except for long-term leases which have a specified fixed rate of rent, the landlord can raise the rent to any level as often as desired, provided that the tenant receives at least a 30-day written notice (for a month-to-month tenancy) or a 7-day written notice (for a week-to-week tenancy) of the change before it becomes effective. For a mobile home space or floating home, the landlord must give each tenant at least 90 days’ written notice of the increase.

Can the landlord charge late fees for late rent payments?

The landlord can charge a late fee each time the rent is paid late, provided that this is set out in the lease or rental agreement. But the landlord may not charge a late fee if the rent is paid by 12:00 midnight on the 4th day of the rental period. Tenants who haven’t paid late fees can be evicted on a 30-day notice, even if all rent has been paid.

How can a tenancy be terminated?

To terminate a month-to-month tenancy, either party must give at least 30 days’ notice in writing to the other party prior to the termination date. To end a week-to-week tenancy, written notice must be given at least 10 days prior to the termination date.

Generally, a fixed term lease cannot be terminated prior to the end of the lease term, unless both parties agree otherwise in writing.

Can a tenant assign a lease or sublet the premises?

A tenant can sublet if it is allowed in the rental agreement. If the original tenant has moved and has subleased the premises in violation of a written rental agreement that prohibits subleasing, and the landlord has not knowingly accepted rent from the subtenant, the landlord may give a 24-hour notice to vacate the premises.

When is the landlord permitted to enter the premises?

The landlord must give 24 hours advance notice of entry, except in an emergency or if the tenant consents at the time of entry, or if there is a written agreement to the contrary between the parties. Other than for emergencies, the landlord must have a reasonable purpose to enter the premises, such as to inspect the property or to show it to a potential tenant or buyer. The landlord or a repair person can also enter at a reasonable time without notice or consent if the entry is to make a repair which has been requested in writing. The landlord only has this right for 7 days after the written repair request.

A tenant must have good reason to deny entry. Tenants can be evicted for unreasonably denying entry to the landlord.

The landlord must also give notice before entering the yard of a single-family residence or any other space rented to one tenant. But the landlord may enter the yard to do yard maintenance without giving advance notice if the written lease or rental agreement requires the landlord to do the work and if the work is done at reasonable times. The landlord may also come on the property to serve a notice on the tenant.

On what grounds can a landlord evict a tenant?

If a tenant is 7 days late in paying rent, the landlord can give a 72-hour notice to pay or move. (For week-to-week tenants, this notice can be given if the rent is more than 4 days late.) If rent is paid within the 72-hour period, the tenant does not have to move. The landlord must accept rent payments made during the notice period. If the landlord accepts part of the rent, the eviction may not proceed during the same rental period for nonpayment of rent, unless the tenant agreed to pay the balance on a certain day and then failed to pay. The landlord does not have to accept any payments offered after the notice period.

If a tenant or someone in the tenant’s control inflicts substantial personal injury upon the landlord, other tenants, neighbors or others on the premises by permission, or threatens immediately to inflict personal injury upon the landlord or other tenants, or causes major damage to the unit, the landlord may give a 24-hour notice. A landlord can give a tenant a 24-hour notice to move if the tenant has committed an "extremely outrageous" act, including but not limited to drug manufacturing or delivery, gambling, prostitution, burglary or intimidation.

If a tenant lives in a premises because of employment in or around the rental building (such as a resident manager), he/she can be given written notice of at least 24 hours terminating such employment. Following the notice period, the former employer can file an eviction but cannot lock out the tenant or call the police for trespass.

If a landlord is seeking an eviction for cause other than those given above, the landlord must give a 30-day notice for cause (7 days for week-to-week tenancies) with the opportunity for the tenant to fix the problem within 14 days (4 days for week-to-week tenants). If the problem is corrected within the 14-day (or 4-day) period, the tenant may stay. However, if the tenant causes the same problem within 6 months of receiving such a notice, the landlord may give a 10-day notice (4 days for week-to-week tenants) without allowing any time to fix the problem.

If a tenant is keeping a pet in violation of the rental agreement, the landlord may give a 10-day notice to remove the pet or move.

A landlord cannot lock out a tenant, remove a tenant’s property, make threats, or cut off essential services (heat, electricity, water) to force a tenant out, regardless of what the tenant has done to the rental unit or to the landlord. Evictions must be done through the courts. Only the sheriff, with a court order, has the authority to physically remove a tenant.

A landlord may not legally retaliate by increasing rent, decreasing services, serving an eviction notice, threatening eviction or filing an eviction case after a tenant has exercised any of his/her rights under the law by making a complaint, or organized or joined a tenants’ union, or testified against the landlord in court, or won an FED case within the previous 6 months unless the win was based on a technicality.

It is NOT illegal to evict a family, even with small children, for nonpayment of rent or other legal reasons.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.