Landlordtenant laws, such as the ones found in the oregon. A booklet that provides information about oregon landlord tenant law issues. Landlord and tenant act must be filed started in court within one year of the incident. Ask a lawyer about the time limits that could apply in your situation. These resources are primarily aimed at lowincome tenants.
Mobile home park living resources ohcs home mcrc main page. Residential landlord and tenant oregon revised statutes. The principal publication is truth in renting, which is available in both english and spanish. For additional local resources, you can also contact a housing counseling agency. A lease can be written or oral, but a written lease provides the best protection for both the landlord and the tenant.
This contract has certain basic conditions set by law that you should understand before you enter into this type of agreement. This activity is known as screening, and includes but is not limited to checking references and obtaining a consumer credit report or tenant screening report. The modest means program will refer lowincome folks to lowcost lawyers. If your landlord provides you with one of these checklists, read it carefully before signing. A landlord can issue a written for cause termination notice at any time during the monthtomonth tenancy for the same reasons as previously allowed under oregon law, including but not limited to. Most tenants in oregon have monthtomonth rental agreements. Tenants are responsible for replacing batteries in smoke detectors. Acts or omissions justifying termination 24 hours after notice. In this type of tenancy, tenants pay rent once a month and the rental agreement continues until either the tenant or the landlord decides to end it.
Oregon laws 2019, chapter 142 house bill 3030 oregon laws. If the landlord fails to provide a safe, quiet and comfortable dwelling for full use and enjoyment by the tenant, the landlord may be in violation of this common law. The covenant of quiet enjoyment is not part of the oregon revised statute, but is a common law derived from wolf v. Termination of rental agreement for failure to pay rent. This guide is designed to give both parties a working knowledge of the law governing their relationship. If your home fails to meet these standards, then by oregon law your homes fair rental value is less than what you have agreed to pay, and your landlord may owe you money for every month that passes without the problems being fixed. The landlord must provide the tenant a written notice containing instructions for testing the smoke detector when the tenant first takes possession of the premises. Landlord training documents the city of portland, oregon. Whether you are a tenant or a landlord, when you sign a lease agreement, you. Residential landlord and tenant oregon revised statutes and.
Ask for a lawyer specializing in landlord tenant law. If you have a specific legal question, you should contact an attorney. Resources for both landlords and tenants from the multnomah county healthy homes coalition. Washington state landlordtenant laws resource guide. Tenant screening course this is a thorough tenant screening guide that walks you through the entire process. Top 10 landlord legal responsibilities in oregon nolo. The landlordtenant act in washington only allows tenants four reasons for breaking a lease which include a call to military service, a repair concern that the landlord isnt fixing within the specific timeframe, protections for domestic violence survivors, or a tenant is threatened by a neighbor with a deadly weapon. For this reason, i believe the ospirg renters handbook is a firstrate resource for the people of oregon.
Oregon law center click on the link regarding housing issues. Washington landlord tenant laws landlord tenant act. How to lease up a housing choice voucher tenant finding a tenant 3 approving a tenant 3. But, with this type of lease, you also have to pay for the entire term if you move out early unless the landlord rents to another tenant. In addition to accessing state laws via nolos website, oregon statutes are available in many public libraries and in most law libraries that are open to the public typically found in a county courthouse or at the state capitol or in a publiclyfunded law school. Oregon is one of the states that has wholly adopted the uniform residential landlord and tenant act. Oregon landlord tenant law spells out specific responsibilities for renters and property owners, as well as rights for both parties. John kroger, former attorney general, state of oregon the 10th edition of the renters handbook paraphrases and elaborates on the oregon residential landlord tenant act ors 90. As a tenant, you are entitled to exclusive possession to your rental unit, which means that you have the right to privacy. A state law, called the oregon residential landlord and tenant act, sets rules that landlords should follow. Either way, the tenant has to have full use and enjoyment of theunit and other included services or amenities of the property. If you are a landlord and have renters whose livelihoods are significantly impacted, and you are financially able to defer rent and waive late fees for a period of time, we are offering a landlord and tenant deferment agreement free on the oregon rental housing association website. At the coalition, landlord and tenant advocates met and negotiated compromise bills, ones that were easy for legislators to pass because they knew such.
This website lists forms available for use statewide. The official state statutes and other reputable municipal sources were used to research this information. I have a client property owner who wants to list their rental property with me for sale and it is occupied by a tenant under a rental agreement. Some basic questions and answers about oregon s law affecting tenants and landlords. Rental agreements, fees, deposits, rent, discrimination, repairs, eviction, and getting your things back when you move. The pamphlet new rules for landlords is currently available to download and is also available in the following languages. This booklet is designed to inform tenants and landlords about their rights and. If the housing is private, the tenant has to pay but the landlord must. Manufactured dwelling park resources, mobile home park oregon laws, landlord and tenant laws. Below you will find references to areas of the oregon rules and regulations that govern rental properties and issues related to landlord tenant law. These rules apply if you rent a home, apartment, or room to sleep in, with only a few exceptions.
Landlordtenant law in oregon oregon legal services community education series important. However, oregon law also says that landlords have a strict duty to rent only units that are habitable or in a safe, sanitary and functioning condition. Chapter 90 of the oregon revised statutes focuses on landlordtenant law. Sometimes the checklists provided by landlords are too broad or incomplete and leave many issues unaddressed or undocumented. The oregon department of environmental quality deq is a regulatory agency whose job is to protect the quality of oregon s environment. Oregon tenant screening a landlords guide rentprep. How is disabilitydefined according to fair housing law. Please note that legal source of income is a protected class in the state of oregon. If you already live in oregon or are thinking of moving there, you should familiarize yourself with the oregon landlord tenant laws. Resource links to the official state of washington statutes in the revised code of washington rcw on landlordtenant laws. Landlord and tenant laws of oregon a small booklet not only for attorneys but also a handy source for landlords, tenants and business owners or managers.
Oregon renters rights legal aid services of oregon. This publication describes the residential landlord tenant relationship from the landlord s perspective. The crisis has already set in motion delays on eviction proceedings for at least a few. The oregon revised statutes and other law publications are available for purchase from the. Any form on this site will be accepted in all circuit courts.
But the tenant must first provide notice of the problem and allow the landlord adequate time to cure the problem. Dates and venues will be posted when they have been determined. The terms of the right of entry must be described in the rental agreement or in a separate written agreement. Oregon termination of tenancies law landlord tenant.
In washington, there is not a governmental agency that has the power to intervene in a dispute between a landlord and tenant to force one or the other party to behave in any particular manner. City of portland landlord training classes are not currently being offered. Landlordtenant law in oregon a booklet that provides information about oregon landlordtenant law issues. Oregon housing and community services has partnered with the osb to help landlords and tenants understand recent changes to oregon laws. Oregon legislature landlord tenant statutes and codes all the laws for the state of oregon. Its important to know that even if the landlord wins an eviction lawsuit they cannot remove the tenant from a rental, law enforcement must.
A guide for landlords and tenants multnomah county, oregon. The 10th edition of the renters handbook paraphrases and elaborates on the oregon residential landlord tenant act ors 90. A tenant holds possession after his or her legal right to. Landlordtenant rights in oregon legal series haas, janay ann haas on. Rcw stands for the revised code of washington, the law of washington state. What tenants, landlords need to know about oregon s statewide rent control law. Termination by tenant who is victim of domestic violence, sexual assault or stalking 90. Resources for oregon tenants if you are a renter and need some advice or assistance with an issue related to your housing, the following organizations may be able to help you. If you just want to browse, oregon s landlord tenant laws are found in the oregon revised statutes sections 90. Oregon state bar association look for landlord tenant information. Landlordtenant law in oregon under legal education booklets on the. Landlord may waive statutory right to 30 days written notice from tenant. Know your rights community alliance of tenants oregon. Oregon law places no restrictions on application fees that landlords can collect for tenant screening services.
The housing authority of clackamas county landlord. Although oregon law does not require it, many landlords provide these checklists to tenants at the beginning of their tenancy. The department of housing services dhs pays the landlord the rest of the rent. In addition, we provide special support for nonprofit, educational, and government users. A tenancy is deemed to exist under this chapter and ors 105. Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual. An update to landlordtenant law in oregon revised 72219. Landlord handbook a guide to the housing choice voucher program for property owners. If you have a longterm lease at a fixed rate, the landlord cannot raise the rent during the fixed term. Civil law, or common law, is generally used to help private citizens, such as landlords and renters, resolve disputes or collect for damages done by the other party.
Landlords in oregon can keep all or a portion of a tenant. As of july 1, 2014, section 8 housing choice vouchers and other forms of rental subsidy may not be discriminated against in oregon. If you are renting a place to live in oregon, or if you rent out units as a landlord, it is important to familiarize yourself with or landlord tenant law. Also see the landlord tenant law handbook, available for free for students.
We anticipate offering new classes sometime in the future. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ors 105. Can help with fair housing complaints and investigations. Deposits are not legally required in oregon, but they are permitted. Due to statutory changes made during the 2019 oregon legislative session, this publication is changing, will be replaced by a new version and will not be available until 43020. This is an excerpt from the 2016 landlord tenant law in oregon booklet, available on this site. Oregon s tenant and landlord laws have changed in the last year. It is not a substitute for the advice of an attorney. Jan 17, 2014 this article summarizes the oregon landlord tenant laws applicable to residential rental units. An updated version of the act was approved in july 2015, much of which has either been adopted into oregon law or is pending.
Tenant privacy and landlord access oregon state bar. This article summarizes the oregon landlord tenant laws applicable to residential rental units. In addition to accessing state laws via nolo s website, oregon statutes are available in many public libraries and in most law libraries that are open to the public typically found in a county courthouse or at the. City of portland, oregon bureau of development services. Bureau of labor and industries, civil rights division. Chapter 90 of the oregon revised statutes focuses on landlord tenant law. With that said, landlord tenant laws are always changing, and may even vary from county to county. In some of the answer sections of this booklet you will see references to ors, which stands for oregon revised statutes. This publication describes the residential landlord tenant relationship from.
The following information is provided by the american apartment owners association as a guide to landlord tenant laws. In a monthtomonth tenancy, rent cannot be increased during the first year after the tenancy begins. John kroger, former attorney general, state of oregon. The landlord can not unilaterally change a fixedterm lease. Hud handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Jan 01, 2020 a a landlord and tenant may agree that the landlord or landlords agent may enter for that purpose upon the space, without notice to the tenant, at reasonable times and with reasonable frequency.
Multifamily nw is an information and education resource for oregon landlord tenant law, fair housing, property management best practices and maintenance technician skills. The law requires that a landlord follow specific rules when giving a termination notice to a tenant. Legal education booklets landlordtenant law booklet. Oregon landlords have been immersed in the development of new landlordtenant law in oregon since the landlordtenant coalition began meeting during legislative sessions since the mid1980s.
Oregon laws 2019, chapter 142 house bill 3030 oregon laws 2019, chapter 626 senate bill 688. Fair housing laws ivil rights laws promoting equal access to housing different from oregon state landlord tenant law strong protections, but one out of ten acts of discrimination are ever reported our objective is to let you know of red flags that could signal illegal discrimination against individuals you. In oregon, a landlord has a responsibility to rid rental dwellings of all insect, rodent, and vermin infestations. Our schools do not educate students on the rights they will possess as adults. If you just want to browse, oregon s landlordtenant laws are found in the oregon revised statutes sections 90. Termination of tenant committing criminal act of physical violence 90. The oregon rental housing association is a statewide organization of those. Oregon landlord tenant law tenant screening, landlord forms. Oregon law help and legal aid services of oregon questions and answers about tenantlandlord law in easy to understand language. A landlords access to your home community alliance of tenants. There are many times when animosity and misunderstanding arise between landlords and tenants. If the landlord does not follow those rules, the notice may not be enforceable and you may not have to.
We will always provide free access to the current law. Heres what you need to know about statewide rent control in oregon, which gov. The landlord must provide the tenant with a copy of the lease. There may be other shorter time limits that apply in other cases. Know your rights in oregon rental housing, repairs, evictions, security deposits, small claims court. A state law, called the oregon residential landlord and tenant act, sets. The rules on how and when landlords can terminate depend on the type of tenancy. A security deposit is money held by a landlord to cover any potential damages to a rental unit or a lapse in rent payments.
Hud handles complaints about housing discrimination, bad landlords in federal. The video above is from when the rent control bill was signed by gov. You do not need to read these or any other laws to use this booklet. This publication includes laws relating to hotels and motels, temporary and transitional housing and farm labor housing. Landlord training program the city of portland, oregon.
Landlord tenant laws, such as the ones found in the oregon. Feb 28, 2019 what tenants, landlords need to know about oregon s statewide rent control law. Landlordtenant information forms and publications available from this website are intended to assist both residential landlords and tenants to understand their rights and responsibilities. A guide for landlords and tenants multnomah county. Oregon landlord tenant laws tenant screening, landlord. Lock outs oregon landlords may not lock tenants out for any reason, the only exception being if one tenant is violent toward another tenant. If a landlord does not, a tenant has a variety of potential. The information in this booklet is accurate as of november, 1993. A landlord can issue a written for cause termination notice at any time during the tenancy for the same reasons as previously allowed under oregon law, including but not limited to. Disability is defined under state and federal fair housing law as a physical or mental impairment that substantially limitsan individual in. Oregon landlord tenant handbook oregon rental property topics. Use this overview of key oregon landlordtenant law as a starting point, and, if youre left with questions about how to handle your specific legal matter, consider contacting a local landlordtenant attorney for assistance. When you rent a house or apartment to another person, you enter into a legal contract known as a landlord tenant relationship. Versions of the same videos in languages other than english espanol, are available here.
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