Under Oregon law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the state’s Residential Landlord and Tenant laws, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Oregon, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Oregon’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Oregon, landlords usually must make repairs within 30 days after getting written notice from tenants. Emailed notice may also be allowed if the landlord and tenant make a special agreement to do so. [2] If repairs aren’t made in a timely manner, Oregon tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Oregon landlords are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict as a form of retaliation or for discriminatory reasons.
It’s illegal for Oregon landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Local Laws: Cities and towns can enact their own rules. For example, some of these rules are different in Portland.
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If an Oregon tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days (1 year) |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: Oregon tenants may break a lease early for the following reasons:
Oregon landlords are legally obligated to facilitate the re-renting of a unit.
If an Oregon tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Oregon has statewide rent control and state law prohibits cities and towns from creating their own rent control laws.
Landlords cannot raise the rent above 7% plus the consumer price index (CPI) per year. This amount is 10.0% for 2024. [1] In addition to existing tenants, the limit typically applies to new tenants when a vacant unit is rerented. However, some residential properties are exempt, including housing built less than 15 years before the proposed rent increase.
Landlords must avoid increasing the rent during the first year of the tenancy. Additionally, landlords cannot increase the rent during the lease term (unless the lease agreement allows for it), out of discrimination of state or federally-protected classes, or in retaliation.
Landlords must give at least 90 days’ notice before increasing the rent. However, the notice requirement is 7 days if the tenancy is week-to-week. Rent increase notices must be sent by hand delivery or first-class mail, unless the landlord and tenant have executed a special agreement to permit notice by email. [2]
Protected Groups: The Federal Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex (including gender identity and sexual orientation), familial status, national origin, religion, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Oregon state adds extra protections for tenants on the basis of marital status, income source, or status as a victim of domestic violence, sexual assault, or stalking.
Discriminatory Acts and Penalties: The Oregon Bureau of Labor and Industries Civil Rights Division administers the state’s civil rights laws. They have indicated the following behaviors as potentially discriminatory when directed at a member of a protected group:
Tenants who believe that they are the victim of housing discrimination may submit a digital complaint to the state’s Civil Rights Division. If the complaint is found to be justified, the process may result in a court ruling with penalties.
In addition to having laws that address general issues like repairs and security deposits, most states, including Oregon, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Oregon landlords have the right to enter rental property for maintenance and property showings. They must provide at least 24 hours of advance notice before entering an inhabited property, unless there’s an emergency or the tenant has taken an action that waives the notice requirement.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Oregon Circuit Courts and Justice Courts have small claims divisions. The process takes approximately two to three months.
Oregon landlords must make these mandatory disclosures:
Oregon law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Tenants can also (at their own expense) require the landlord to do a lock change when they’ve recently become victims of domestic abuse. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Oregon have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
The City of Portland has a mandatory Renter Relocation Assistance program which requires landlords to help finance a renter’s moving costs if they are moving because of a rent increase of 10% or higher.
The City of Eugene has a city-wide housing code that exceeds state standards and puts more obligation on landlords to provide habitable housing. More info can be found on the city’s website.
By Sept. 30 of each year, the Oregon Office of Economic Analysis is responsible for calculating and publishing the maximum annual rent increase percentage allowed by law for the following calendar year. This amount is 7% plus the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics, or 10%, whichever is lower. For more information please see Oregon Revised Statutes Chapter 90, including 90.323, 90.324, and 90.600 specifically regarding rent stabilization.
The allowable annual rent increase in 2024 is 10.0%. Only one rent increase may be issued in any 12-month period.
The allowable rent increase percentage for the previous year, 2023, was 14.6% if the increase was issued before July 6th, or 10.0% if issued after July 6.
Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
(13) The landlord shall return to the tenant the security deposit or prepaid rent or the portion of the security deposit or prepaid rent that the landlord does not claim in the manner provided by subsections (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord. If agreed to by both parties in an addendum executed after the tenancy begins and the tenant has occupied the premises, the landlord may return any amount due under this subsection electronically to a bank account or other financial institution designated by the tenant. (14) The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail or, if allowed under ORS 90.155(1)(d) , by electronic mail.
(a) If a tenant gives a landlord at least 14 days’ written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement. (b) The notice given by the tenant must specify the release date and must list the names of any immediate family members to be released in addition to the tenant. (c) The notice must be accompanied by verification that the tenant:
(A) Is protected by a valid order of protection; or (B) Has been the victim of domestic violence, sexual assault, bias crime or stalking within the 90 days preceding the date of the notice. For purposes of this subparagraph, any time the perpetrator was incarcerated or residing more than 100 miles from the victim’s home does not count as part of the 90-day period.
Can a Landlord Enter Without Permission in Oregon? Oregon landlords can enter without permission during extended tenant absences, in emergencies, and (only accessing the exterior of the property) to post certain types of notice. When entering without permission for emergency purposes, it's still an illegal entry unless the landlord gives the tenant notice within 24 hours, including the date and time of entry, the nature of the emergency, and names of the people who entered. Read more » Is Oregon a “Landlord Friendly” State? Oregon is not a landlord-friendly state. There is rent control statewide, and the law provides a high number of protections and rights for tenants. Read more » What Are a Tenant’s Rights in Oregon? Oregon law grants tenants a variety of rights, such as the right to notice for various issues and the right to due process before eviction. If a landlord violates these rights, tenants have a cause for legal action. Read more » Can a Tenant Change the Locks in Oregon? Oregon tenants are allowed to change their own locks, if the rental agreement doesn't say otherwise. The landlord still retains rights of entry, so it's reasonable for tenants to provide copies of current keys. Read more »
