Title 10, Property Rights and Transactions

As used in this chapter, unless the context otherwise requires: (1) “Accessory building or structure” means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and p…

This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act.” [Formerly 91.700]

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or simil…

A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the restriction is based on the familial or nonfamilial relationships among any occupants. [2021 c.24 §…

Residence in a licensed program, facility or home described in ORS 430.306 to 430.375, 430.380, 430.381, 430.397 to 430.401, 430.405 to 430.565, 430.570, 430.590, 430.709, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by this chapter. [2007 c.715 §2; 2009 c.59…

This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. [Formerly 91.715]

(1) The provisions of ORS 87.152 to 87.212, 91.010 to 91.110, 91.130, 91.210 and 91.220 do not apply to the rights and obligations of landlords and tenants governed by this chapter. (2) Any provisions of this chapter that reasonably apply only to the structure that is used as a h…

(1) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. (2) Any right or obligation declared by this chapter is enforceable by action unless the provision decla…

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [Formerly 91.730]

(1) If the court, as a matter of law, finds: (a) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any u…

(1) A landlord may require or accept the following types of payments: (a) Applicant screening charges, pursuant to ORS 90.295; (b) Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297; (c) Security deposits, pursuant to ORS 90.300; (d) Fees, pursuant to …

(1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord is not an employee of t…

For the purposes of this chapter, delivery of possession occurs: (1) From the landlord to the tenant, when the landlord gives actual notice to the tenant that the tenant has the right under a rental agreement to occupy the dwelling unit to the exclusion of others. The right to oc…

The surrender of a dwelling unit may be implied from the landlord’s acceptance of a tenant’s abandonment or relinquishment of the right to occupy. The landlord’s acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy. A land…

When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods: (1) Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device. (2) Writt…

(1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: (a) Personal delivery to the landlord or tenant. (b) First class mail…

Notwithstanding ORCP 10: (1) For references in this chapter to periods or notices based on a number of days, those days must be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m. (2) For references in thi…

(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties. (2) The terms of a fixed term ten…

(1) A landlord may require a tenant to obtain and maintain renter’s liability insurance in a written rental agreement. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same…

(1) As used in this section, “100-year flood plain” means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency. (2) If a dwelling unit is located in a 1…

(1) If a tenancy is for the occupancy of a recreational vehicle in a manufactured dwelling park or mobile home park, as defined in ORS 446.003, or recreational vehicle park, as defined in ORS 197.492, the landlord shall provide a written rental agreement for a month-to-month, wee…

(1) A dwelling unit qualifies as drug and alcohol free housing if: (a)(A) For premises consisting of more than eight dwelling units, the dwelling unit is one of at least eight contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free h…

(1) A rental agreement may not provide that the tenant: (a) Agrees to waive or forgo rights or remedies under this chapter; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to the exculpation or limitation of any liability a…

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with ORS 90.320 (1) or 90.730. [Formerly 91.750; 1999 c.676 §10]

In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prev…

(1) A landlord may impose a late charge or fee, however designated, only if: (a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and (b) There exists a written rental agreement that specifies: (A) The tenant’s o…

(1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if: (a) Its purpose is to promote the convenience, safety or welfare of the tenants in the pr…

A landlord may not require that a tenant display a nonremovable tag, sticker or other device on a motor vehicle that might reveal or indicate to the public the premises where the tenant resides. [1999 c.397 §2] Note: 90.263 was added to and made a part of ORS chapter 90 by legisl…

(1) An alternative energy device installed in a dwelling unit by a tenant with the landlord’s written permission is not a fixture in which the landlord has a legal interest, except as otherwise expressly provided in a written agreement between the landlord and tenant. (2) As a co…

(1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that …

(1)(a) A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement. This activity is known as screening and includes but is not limited to ch…

(1) Except as provided in ORS 90.295 and in this section, a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit. (2) A landlord may charge a deposit to an applicant for the pur…

(1) As used in this section, “security deposit” includes any last month’s rent deposit. (2)(a) Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. The landlord shall provide the tenant with a receipt for any security deposit th…

(1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement. (2) A landlord may charge a tenant a fee f…

(1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted…

(1) If a landlord denies an application after the landlord’s application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial. (2) The landlord’s statement of reaso…

(1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (a) The person authorized to manage the premises; and (b) An owner of the premises or a person authorized to act for and on behalf of the owner for the p…

Except as required by a federal program that provides rent subsidies or affordable rents: (1) A landlord may not inquire about the immigration or citizenship status of an applicant, a tenant or a member of an applicant’s or a tenant’s household. (2) If a landlord requires verific…

If a dwelling unit is subject to an affordability restriction, as defined in ORS 456.766, prior to charging an applicant screening charge or entering into a rental agreement, a landlord shall give an applicant or prospective tenant: (1) The notice required under ORS 456.788 (4); …

(1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the …

(1) As used in this section: (a) “Public service” means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space. (b)(A) “Public service…

(1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may no…

(1) A landlord shall ensure that a dwelling unit has one or more carbon monoxide alarms installed in compliance with State Fire Marshal rules and the state building code if the dwelling unit: (a) Contains a carbon monoxide source; or (b) Is located within a structure that contain…

(1) In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises or five or more manufactured dwellings in a single facility shall at all time…

(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (a) Effective waterproofing and weather protection of roof and exteri…

(1) As used in this section: (a) “Contaminants” includes arsenic, coliform bacteria, lead and nitrates. (b) “Exempt well” means a well used for purposes exempt under ORS 537.545 (1)(b) or (d). (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is…

(1) A landlord or, to the extent provided in this section, a landlord’s agent may enter into the tenant’s dwelling unit or any portion of the premises under the tenant’s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations…

(1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase. (2) During any tenancy other than week-to-week, the landlord may not increase the rent…

(1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year: (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces,…

(1) The tenant shall: (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended. (b) Keep all areas of the premises under control of the tenant …