Oregon Tenant-Landlord Rental Laws & Rights for 2024

Tenant Rights and Landlord Obligations

Tenants in Oregon have certain basic rights that landlords must respect. These include the right to a habitable living space, privacy, and freedom from discrimination and retaliation. Landlords are obligated to maintain rental properties in a livable condition, make necessary repairs in a timely manner, and follow proper legal procedures for entry, rent increases, and terminations.

Some key tenant rights in Oregon include:

• The right to a rental unit that meets basic structural, health, and safety standards
• The right to privacy, with landlords providing proper notice before entry
• The right to be free from unlawful discrimination in housing
• The right to request reasonable accommodations for disabilities
• Protection from retaliation for exercising legal rights

On the other hand, landlords in Oregon have certain basic obligations they must fulfill, such as:

• Providing habitable premises by maintaining vital facilities like heat, plumbing, and electricity
• Making repairs to keep the rental fit for occupation 
• Giving proper advanced notice to tenants before entering the rental
• Using legal criteria for screening, accepting or rejecting applicants
• Adhering to rules around security deposits, fees, rent increases, and terminations
• Respecting fair housing laws that prohibit discrimination

Both tenants and landlords have rights and responsibilities under Oregon law. Understanding and adhering to these laws is crucial for maintaining a fair and lawful rental situation.

Entering Rental Property

Landlords in Oregon have the right to enter rental units, but tenants maintain significant privacy rights that landlords must respect. The law requires landlords to provide reasonable notice before entering, except in emergencies, and limits the reasons landlords can enter.

Landlords must provide tenants with at least 24 hours written notice before entering to make repairs, inspect the premises, show the unit to prospective buyers or tenants, or provide services requested by the tenant. The notice must specify the date, approximate time, and purpose of the entry.

In emergency situations like a fire or burst pipe, landlords can enter immediately without notice. They can also enter without notice when a tenant has been gone for more than seven days without notifying the landlord of their absence.

Even with proper notice, landlords cannot abuse their right to enter or use it to harass or intimidate tenants. Entries must be during normal business hours unless otherwise agreed. Landlords cannot enter simply to check on a tenant's guests or activities if there is no other valid reason.

Tenants have the right to privacy and exclusive possession of their rental unit. Landlords violating these rights can be held liable for damages. However, tenants also cannot unreasonably deny landlord entry after proper notice is given. Overall, the law aims to balance the legitimate property rights of landlords with the privacy rights of tenants.

Security Deposits and Fees

Oregon security deposit laws govern how much landlords can charge for security deposits and what kinds of fees are permitted. The maximum security deposit a landlord can require is the equivalent of one and a half month's rent for tenants without pets, and two month's rent for tenants with pets. Any last month's rent collected must be treated as a regular deposit.

When it comes to returning security deposits, landlords must do so in full within 31 days after the tenant moves out, provided there is no damage beyond normal wear and tear. The landlord must provide a written accounting of any deductions from the deposit for things like cleaning or repairs. Tenants have the right to object to any deductions they feel are improper.

Certain fees charged by landlords are banned under Oregon law. These include fees for giving tenants a notice, late fees in excess of a reasonable amount, and application fees above the actual costs of screening applicants. Landlords also cannot profit from charging tenants to replace items like keys or re-rent the unit after they move out. Any fees must be reasonably related to the specific service or cost incurred.

Oregon has also prohibited certain rental practices like requiring non-refundable fees, charging a "get-out" fee for breaking a lease early, or making tenants obtain their own renter's insurance policy. Landlords must follow the letter of the law when it comes to deposits, fees, and billing practices to avoid violating tenant rights.

Habitable Conditions

In Oregon, landlords are required to provide rental units that meet minimum standards of habitability. This includes ensuring the property is in good repair, has functioning utilities and appliances, and is free from health and safety hazards. Tenants also have responsibilities to maintain their units and prevent damage beyond normal wear and tear.

Landlords must make all repairs to keep the premises fit for occupation and in compliance with applicable housing codes. This includes maintaining effective weatherproofing, waterproofing, heating, plumbing, and electrical systems. Any defects that render the unit uninhabitable or pose a serious threat to health or safety must be addressed promptly.

Tenants are responsible for routine cleaning and minor maintenance like replacing smoke alarm batteries. They must also use all facilities like plumbing and appliances in a reasonable manner and not permit damage beyond normal wear. Tenants cannot withhold rent for repairs, but can exercise the "repair and deduct" remedy under certain conditions after proper notice.

If a landlord fails to provide habitable premises after written notice, tenants can pursue remedies like terminating the rental agreement, arranging repairs and deducting costs from rent, or seeking damages and attorney fees. Landlords cannot retaliate against tenants who enforce their rights to habitable housing in good faith.

Overall, Oregon law aims to ensure safe and livable conditions for tenants while balancing the rights and responsibilities of both parties. Open communication and documentation are key to resolving repair issues cooperatively.

Evictions and Terminations

In Oregon, landlords are permitted to evict tenants for specific legal reasons outlined in the state's landlord-tenant laws. These include non-payment of rent, violation of rental agreement terms, causing substantial damage to the property, or using the premises for illegal activities like dealing drugs.

The eviction process in Oregon must follow strict procedures and timelines. Landlords cannot simply lock out tenants or shut off utilities as a way to force them out. First, they must provide proper written notice stating the reason for termination, such as a 72-hour notice for non-payment of rent or a 30-day notice for violation of the rental agreement. 

If the tenant remains after this notice period, the landlord must then go through formal eviction proceedings by filing with the court and attending a hearing. Only after receiving a court order can the landlord legally remove the tenant and their belongings from the rental unit with the assistance of law enforcement if needed.

Illegal lockouts, utility shutoffs, harassment, or self-help evictions by landlords are prohibited under Oregon law. Tenants who experience these illegal actions may have grounds to sue for damages and penalties. Landlords must strictly follow the eviction process through the court system to remove tenants legally.

Retaliation by landlords against tenants for exercising their rights is also unlawful. This could include evicting a tenant for complaining about necessary repairs or joining a tenant's union. Tenants facing retaliatory evictions may use this as a legal defense in court.

Rent Increases and Protections

In Oregon, there are specific laws in place that regulate how much and how frequently landlords can increase rent, as well as provisions aimed at protecting tenants from excessive rent hikes.

Rent Control and Rent Stabilization

Oregon has statewide rent control and rent stabilization laws that went into effect in 2019. These laws limit the amount landlords can increase rent each year to 7% plus inflation. Landlords cannot raise rent during the first year of a tenant's occupancy. After that first year, any rent increase is capped at the 7% plus inflation rate.

The rent control laws apply to buildings that are over 15 years old. Newer construction is exempt from these rent increase limits for a period of 15 years from the building's completion date. The rent control rules do not apply to landlords renting out spaces in their own home or units that are vacation rentals or short-term rentals.

Rent Increase Notices

For any rent increase, Oregon landlords must provide tenants with a written notice at least 90 days before the effective date of the new, higher rent amount. This notice must specify the amount of the increase and the date it goes into effect.

For tenants on a week-to-week tenancy, landlords only need to give 7 days notice before a rent increase of any amount. However, the 7% plus inflation cap still applies to these rent hikes.

Landlords cannot increase rent at any time during the fixed term of a lease agreement. They must wait until the lease term expires before giving proper notice of a rent increase.

Rent Increase Limits

In addition to the 7% plus inflation cap, Oregon law prohibits "rent gouging" by limiting rent increases to once per year. Landlords cannot raise rent more than once in any 12-month period, even if the total amount is under the allowed cap.

There are also restrictions on excessive rent hikes when a tenant renews their lease. If the tenant chooses to stay for another fixed term, the landlord cannot increase rent by more than 7% plus inflation over the existing rent amount.

These rent control provisions aim to protect tenants from being priced out of their homes and provide more stability and predictability in housing costs across Oregon.

Oregon Squatters' Rights

In Oregon, squatters' rights are governed by the legal concept of adverse possession, which allows an individual to claim ownership of a property if they meet certain criteria over a continuous period. Adverse possession laws are designed to encourage landowners to monitor and maintain their property actively. If a property is neglected and someone else occupies it in a way that meets the legal requirements, that person may eventually gain legal ownership.

Criteria for Adverse Possession

To establish a claim of adverse possession in Oregon, a squatter must satisfy several criteria over a statutory period of 10 years. The key elements include:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not concealed.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing control with the owner or others.
• Hostile Possession: The occupation must be without the owner’s permission and against the owner’s interests. Hostility in this context does not imply aggression but means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire 10-year statutory period without significant interruption.

Additional Requirements

Oregon law also requires that squatters demonstrate "honest belief of ownership." This means the squatter must genuinely believe they have a rightful claim to the property, even if this belief is mistaken. This element is designed to prevent fraudulent claims of adverse possession.

Property Owners' Rights and Preventative Measures

Property owners in Oregon can take several steps to prevent adverse possession claims:

• Regular Inspections: Regularly inspecting and maintaining the property can help identify and address unauthorized occupancy promptly.
• Clear Boundaries: Maintaining clear property boundaries with fences or signs can deter squatters and establish clear ownership.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Permission: Granting explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner. The burden of proof is on the squatter to demonstrate that they have met all the criteria for adverse possession. Property owners can challenge these claims by presenting evidence that the criteria were not met, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Adverse possession provides a legal pathway for squatters to claim ownership of a property in Oregon, but the process is stringent and requires strict adherence to the legal criteria. Property owners must remain vigilant and proactive in protecting their properties from potential adverse possession claims. Understanding these laws helps both squatters and property owners navigate their rights and responsibilities effectively within the framework of Oregon’s legal system.

Fair Housing Laws

Oregon's fair housing laws prohibit discrimination in housing based on certain protected classes. Both landlords and tenants need to understand what constitutes illegal discrimination and what rights are protected.  

The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Oregon state law goes further by also prohibiting housing discrimination based on marital status, source of income, sexual orientation, and domestic violence victimization.

Housing discrimination violations include outright refusals to rent, providing differing terms or conditions, making housing unavailable, providing misleading information about availability, and more. Both direct discrimination and policies that have an unjustified discriminatory effect are prohibited.

Some key examples of prohibited discriminatory actions by landlords include:

• Refusing to rent to someone based on their race, disability, familial status, etc.
• Imposing more burdensome rental terms like higher rent or fees for certain groups. 
• Advertising that discriminates by stating preferences for certain types of renters.
• Failing to allow reasonable accommodations or modifications for persons with disabilities.
• Harassing, coercing, or intimidating tenants who belong to protected classes.
• Enforcing rules in a discriminatory manner against certain tenants.
• Refusing to rent to someone due to their source of income like Section 8 vouchers.  

Both landlords and tenants have the right to file fair housing complaints if they encounter illegal discrimination. Consequences can include monetary penalties, mandatory policy changes, and more. Oregon has state and local agencies that investigate housing discrimination claims.

Disability Housing Rights

People with disabilities have specific protections under Oregon's fair housing laws. Landlords must make reasonable accommodations and allow reasonable modifications to ensure equal access to housing. 

Reasonable accommodations are changes in rules, policies, or services that are necessary for a person with a disability to have an equal opportunity to use and enjoy their dwelling. Examples include providing an assigned accessible parking space, allowing service animals even with a "no pets" policy, or permitting a live-in caregiver.

Oregon landlords must allow tenants to make reasonable modifications to their rental unit if needed for a disability. This includes structural changes like installing grab bars, ramps, or visual fire alarms. The tenant typically must pay for these modifications and may have to restore the interior to its original condition when they move out.

Both service animals and emotional support animals must be allowed in rental housing as a reasonable accommodation for people with disabilities. A service animal is trained to perform specific tasks related to a person's disability. Emotional support animals provide therapeutic companionship. Landlords can require documentation from a treating provider about the need for the animal.

Rental housing must also meet accessibility standards under the Fair Housing Act and Americans with Disabilities Act. Landlords must allow reasonable modifications to make the unit accessible, like widening doorways or installing accessible bathroom facilities. New multifamily housing must also incorporate basic accessibility features in their design and construction.

Domestic Violence Protections

In Oregon, victims of domestic violence, sexual assault, or stalking have special protections under the law when it comes to their housing rights. These protections aim to provide safety and prevent discrimination against survivors.

Early Lease Termination Rights

Tenants who are victims can terminate their rental agreement early with proper documentation, such as a protective order or statement from a qualified third party. This allows survivors to quickly relocate to a safer living situation without penalty. Landlords cannot treat this as a standard termination and must follow specific procedures.

Lock Changes and Security Measures

Landlords are required to change the locks or permit the tenant to do so upon request from a domestic violence survivor, at the tenant's expense. This measure enhances safety and prevents the abuser from accessing the rental unit. Additionally, landlords must allow security repairs or installations for the protection of the tenant.

Confidentiality and Discrimination Bans

Landlords cannot discriminate against applicants or tenants based on their status as victims of domestic violence, sexual assault, or stalking. This includes refusing to rent, evicting, or imposing different rules. Landlords must also keep confidential any information provided by the tenant related to their survivor status.

Oregon's laws provide vital safeguards for survivors of abuse, enabling them to maintain stable housing, enhance security, and prevent further victimization. Tenants facing domestic violence situations should understand their rights and available protections under state law.

Resolving Disputes

When disputes arise between landlords and tenants in Oregon, there are several options available for resolving the conflict. One common method is through small claims court, which allows parties to resolve certain types of disputes involving money damages of $10,000 or less without hiring an attorney.

Small claims court can be used for issues like the wrongful withholding of a security deposit, unpaid rent, or damages to the rental property. The process begins by filing a claim with the county courthouse and serving notice to the other party. At the hearing, both sides can present evidence and argue their case before a judge.

Another option is mediation, where a neutral third-party mediator helps facilitate a resolution between the landlord and tenant. Mediation can be faster and less adversarial than court and allows both parties to have more control over the outcome. Many community mediation services offer low-cost or free sessions.

There are also several legal resources and advocacy groups in Oregon that can provide information, advice, and potential representation for tenants facing disputes with landlords. Some key organizations include:

• Oregon State Bar Lawyer Referral Service
• Oregon Law Center and regional legal aid offices
• Community Alliance of Tenants
• Fair Housing Council of Oregon

These groups offer services like legal advice hotlines, clinics for completing court forms, representation in certain housing cases, and education on landlord-tenant rights. Their assistance can be invaluable for tenants navigating the complex laws and procedures involved in a dispute.

Ultimately, open communication and understanding one's rights under Oregon law are crucial first steps before any dispute escalates further. But when conflicts cannot be resolved cooperatively, tenants have multiple pathways for enforcing their rights and reaching a fair resolution with their landlord.

Frequently Asked Questions

What are the tenant laws in Oregon?

Oregon tenant laws cover various aspects of the rental relationship, including security deposits, maintenance responsibilities, and eviction procedures. Tenants have the right to a habitable living environment, which landlords must maintain. Landlords must provide notice before entering a rental unit, and they must follow legal procedures for raising rent and evicting tenants. Tenants also have protections against discrimination and retaliatory actions by landlords.

What is the Oregon Renters Rights Hotline?

The Oregon Renters Rights Hotline is a resource provided by community organizations to offer information and assistance to tenants regarding their rights and responsibilities. It helps tenants understand state and local housing laws, navigate disputes with landlords, and access legal resources. Tenants can call the hotline for advice on issues like eviction, repairs, and lease agreements.

How much notice does a landlord have to give a tenant to move out in Oregon?

The notice period a landlord must give a tenant to move out in Oregon depends on the type of tenancy:

• For month-to-month tenancies, landlords must provide at least 30 days' notice if the tenant has lived in the unit for less than one year. If the tenant has lived in the unit for more than one year, the notice period is 60 days.
• For week-to-week tenancies, landlords must provide at least 10 days' notice.

What is the new Oregon rental law?

One significant recent change in Oregon rental law is the statewide rent control measure enacted in 2019. This law limits rent increases to 7% plus the Consumer Price Index (CPI) per year for buildings that are 15 years or older. Additionally, the law includes provisions that require landlords to provide just cause for evicting tenants who have lived in a rental unit for more than one year, aimed at providing greater stability and protection for tenants.

Can a landlord terminate a month-to-month lease without cause in Oregon?

Yes, but with conditions. For tenants who have lived in the rental unit for less than one year, a landlord can terminate a month-to-month lease without cause by providing at least 30 days' notice. For tenants who have lived in the unit for more than one year, the landlord must provide at least 60 days' notice and must also pay the tenant relocation assistance equal to one month’s rent, unless certain exemptions apply, such as the landlord moving into the property.