Oregon State Laws

This is a general overview, for a detailed easy to understand breakdown of laws purchase our law book here

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Summary of ORS Chapter 90: Oregon Residential Landlord and Tenant Act (ORLTA)

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ORS Chapter 90 is Oregon’s primary law governing residential landlord-tenant relationships. It applies to most rental housing (houses, apartments, condos, etc.), but excludes hotels/motels, institutional housing, transient occupancy, and certain other situations. The law emphasizes habitability, good faith, and fairness. Separate sections apply to manufactured-dwelling and floating-home parks (ORS 90.505–90.875). The current version (as of late 2025) reflects amendments through the 2024 legislative session, with no major changes effective in 2025.

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1. Definitions & General Rules (ORS 90.100–90.155)

• Key terms: “landlord,” “tenant,” “dwelling unit,” “rent,” “security deposit,” “habitability,” etc.

• All parties must act in good faith (ORS 90.130).

• Unconscionable terms in rental agreements are unenforceable (ORS 90.135).

• Most rights cannot be waived.

• Landlords may not prohibit or restrict tenant’s choice of providers (e.g., utilities, cable) or guests.

 

2. Rental Agreements & Disclosures (ORS 90.220–90.315)

• Agreements can be oral or written, but written is strongly recommended.

• Must disclose: smoking policy, owner/manager identity & address, utility billing arrangements, flood-zone status, outstanding foreclosure/sale proceedings (for ≤4-unit buildings), recycling instructions (≥5 units), carbon-monoxide and smoke-alarm testing, lead-based paint (pre-1978 units), and renter’s liability insurance requirements (if any).

• Late fees and non-compliance fees are allowed but must be reasonable and disclosed.

• Landlords may require renter’s liability insurance (usually $100,000 minimum) but must accept low-income alternatives.

 

3. Fees & Security Deposits (ORS 90.295–90.302)

• No statutory maximum on security deposits or last-month’s-rent prepaid.

• Deposits must be returned (minus itemized deductions) within 31 days after tenancy ends, with a written accounting.

• Failure to comply can result in penalties up to twice the deposit.

• Application/screening fees are limited and partially refundable.

• No “non-refundable pet deposits” are prohibited; only reasonable pet fees or monthly pet rent allowed.

 

4. Rent Increases & Rent Control (ORS 90.323–90.324)

• Statewide rent control (since 2019): No rent increase in the first year of tenancy.

• After first year, only one increase per 12 months, with 90 days’ written notice.

• Maximum annual increase = 7% + CPI (West Region); the cap for 2025–2026 is published each September by the Oregon Office of Economic Analysis (historically 9–14%).

 

5. Landlord Obligations – Habitability (ORS 90.320)

Landlords must maintain the premises in a habitable condition at all times, including:

• Weatherproofing, plumbing, heating (≥68 °F capable), hot water, electrical, locks, smoke/CO alarms, safe stairs/railings, etc.

• Provide garbage/recycling where required.

• Make repairs within 7 days for essential services (or sooner if emergency).

• Allow reasonable modifications for accessibility and certain energy devices (e.g., EV chargers).

 

6. Tenant Obligations (ORS 90.325)

Tenants must:

• Pay rent on time.

• Keep unit clean and safe.

• Use fixtures properly.

• Not disturb neighbors or damage property.

• Test/replace smoke-alarm batteries.

• Comply with reasonable rules.

Tenants may be responsible for minor repairs if agreed in writing (but landlord cannot shift major habitability duties).

 

7. Repairs & Remedies (ORS 90.360–90.375)

• If landlord fails to maintain habitability, tenant may give written notice, then:

  • Repair and deduct (up to $300 per issue after 7-day notice).

  • Withhold rent or sue for damages.

  • Terminate the lease if problem is serious and uncured.

• Tenants may install portable air conditioning in extreme heat (no removal Oct–Apr).

• Retaliatory eviction or rent increases are prohibited (e.g., after tenant complains or organizes).

 

8. Termination & Eviction Notices

SituationNotice RequiredCure Allowed?

Nonpayment of rent10 days (if ≥8 days late) or 13 days (if ≥5 days late)Yes – pay in full

Lease violation (curable)30 days14 days to fix

Repeat same violation (within 6–12 months)10 daysNo

Serious threats, violence, major damage, illegal activity24 hoursNo

Unapproved pet10 daysRemove pet

No-cause (month-to-month, after first year only)90 days (qualifying landlord reason or no reason in some cases)N/A

Fixed-term leaseGenerally runs to end date unless causeVaries

• Self-help evictions (lockouts, utility shutoffs) are illegal.

• All evictions must go through court; “for cause” or “qualifying landlord reason” required in many cases.

 

9. Special Situations & Protections

• Domestic violence/sexual assault/stalking victims can terminate early with documentation.

• Service/companion animals must be accommodated (no pet fees).

• Screening must be nondiscriminatory; old or dismissed evictions, certain criminal history restrictions.

• Abandoned property procedures are detailed; landlord must store and allow retrieval.

• Manufactured/floating-home parks have additional detailed rules (rent increases, park closures, sale procedures, etc.).

 

Key Takeaways

ORS Chapter 90 is tenant-protective compared to many states, with strong habitability requirements, statewide rent control, strict eviction procedures, and limits on fees. Both parties have clear duties, and violations can lead to significant penalties or attorney-fee awards. Always check the official text HERE for the exact current language, as local ordinances may add protections in some cities (e.g., Portland, Eugene).

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This is a general overview, for a detailed easy to understand breakdown of laws purchase our law book here

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Summary of ORS Chapter 105: Property Rights

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ORS Chapter 105 is a broad “catch-all” chapter titled Property Rights. It covers many unrelated topics (adverse possession, partition of co-owned property, easements, seller disclosures, nuisances, quiet title actions, recreational use immunity, etc.). For landlord-tenant purposes, the most important part is the Forcible Entry and Detainer (FED) provisions at ORS 105.100–105.168)** — Oregon’s statutory framework for eviction lawsuits. These rules are procedural and work together with the substantive termination/notice rules in ORS Chapter 90 (residential) and common-law/commercial leases.

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1. Scope & Key Principles (ORS 105.105–105.110)

• Applies to any unlawful holding by force (forcible entry or detainer after lawful entry).

• Self-help evictions remain illegal — landlords must use the court process.

• Residential cases (where ORS Chapter 90 applies) use special complaint forms, notice attachments, and extra tenant protections.

• Commercial and other non-Chapter 90 cases use simpler forms and fewer protections.

• Actions are filed in circuit court (or justice court in some counties).

 

2. Starting the Case – Complaint & Summons (ORS 105.115–105.126)

• Complaint must describe the premises, state the basis for termination, and attach the termination notice.

• Separate statutory forms exist for Chapter 90 cases vs. non-Chapter 90 cases.

• Summons requires first appearance 7–15 days after filing.

• Service: personal delivery + first-class mail, or substituted/posted service if needed.

 

3. First Appearance & Trial Timeline

EventResidential (Ch. 90) TimelineNon-Residential Timeline

First appearance7–15 days after summons issued7–15 days

Trial (nonpayment cases)Not earlier than 15 days after first appearanceAs soon as possible

Trial (all other cases)Within 15–30 days of first appearanceWithin 15 days

Continuance (defendant wants delay)Tenant must pay ongoing rent into court or post bondBond usually required

 

4. Defenses & Counterclaims (ORS 105.132, 105.139)

• Tenants can raise: improper notice, retaliation, habitability violations, discrimination, victim status, payment/tender of rent, etc.

• Counterclaims are generally prohibited in FED actions except for specific rent-recovery or possession-related claims in residential cases.

• Burden of proof shifts to landlord on certain issues (e.g., retaliation, victim protections).

 

5. Trial & Judgment (ORS 105.145–105.149)

• Bench trial (jury rare).

• Issue is possession only — title disputes are not allowed.

• Common outcome: stipulated agreement (tenant gets time to pay/move, landlord dismisses if tenant complies).

• If tenant breaches stipulation → landlord files noncompliance affidavit → quick hearing → judgment for landlord if breach proven.

 

6. Judgment & Enforcement (ORS 105.151–105.161)

• Judgment of restitution → 4-day Notice of Restitution → Writ of Execution.

• Sheriff physically removes tenant if necessary (usually 5–10 days after judgment).

• Landlord may also gets money judgment for rent/damages/fees if requested.

• Personal property: Residential → follow ORS 90.425/90.675 (storage, notice, sale). Commercial → landlord can lien or dispose under 105.165.

 

7. Special Residential Protections (Cross-References to Chapter 90)

• Mandatory mediation offers in some counties.

• Rent must be paid into court for any continuance or to contest nonpayment.

• Victims of domestic violence/sexual assault/stalking can raise status as complete defense with documentation.

• Perpetrators can be removed while victim stays (105.128).

• Attorney fees to prevailing party under ORS 90.255.

• Old possession judgments automatically set aside after 5 years (or sooner for stipulations) so they do not appear on background checks (105.163–105.164).

 

8. Other Notable Sections in Chapter 105 (Less Landlord-Tenant Relevant)

Section RangeTopicBrief Description

105.005–105.080General Actions to Recover Real PropertyOlder “ejectment” actions (rarely used today)

105.170–105.185Easement Maintenance ObligationsDominant estate must repair; cost-sharing possible

105.205–105.405Partition of Co-Owned PropertyHow co-owners force sale or division

105.420–105.455Housing ReceivershipCourt can appoint receiver for dangerous buildings

105.462–105.490Seller’s Property Disclosure StatementRequired disclosures when selling 1–4 unit residences

105.550–105.600Nuisance Abatement (drugs, prostitution)Fast-track suits to close properties

105.605–105.620Quiet Title & Adverse PossessionSuits to clear title clouds; 10-year adverse possession rule

105.668–105.700Recreational Use ImmunityLandowners not liable for injuries on land open to public

 

Key Takeaways

• Chapter 105 provides the procedural vehicle for almost all evictions in Oregon.

• Residential evictions are heavily shaped by Chapter 90 protections (good-cause requirement after first year, specific notice forms, rent-into-court rules, victim defenses, etc.).

• Commercial evictions are faster and simpler — no good-cause requirement, no mandatory rent-into-court.

• The process is designed to be quick (trial within weeks), but tenant protections and court backlogs often make actual move-outs take 45–90+ days from notice.

• Always use the current statutory forms from the Oregon Judicial Department website and check for local court rules.

 

For the exact current text, see the official version HERE. Local ordinances (Portland, Eugene, etc.) may add additional protections or procedures.

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This is a general overview, for a detailed easy to understand breakdown of laws purchase our law book here

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City of Portland, OR Specific Laws / Ordinances

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Summary of Portland, OR Landlord / Tenant Ordinances & Renter Additional Protections

(F.A.I.R. and Relocation Fees / Portland City Code Chapter 30.01)

 

Portland’s “FAIR Ordinance” is the common name for a package of local renter protections enacted in 2019–2020 and codified primarily in Portland City Code (PCC) 30.01.085 (Renter Additional Protections, including relocation assistance) and PCC 30.01.086 (Applicant Evaluation/Screening). A related section, Relocation Fee Ordinance PCC 30.01.087, addresses security deposits and pre-paid rent.

 

These rules apply on top of Oregon state law (ORS Chapter 90) and are generally more protective. Where local and state law conflict, the more tenant-favorable provision controls.

 

Penalties for most screening violations were reduced in 2022 to a maximum $250 statutory penalty per violation (plus actual damages and attorney fees). 

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The rules apply citywide apply to almost all residential rentals covered by ORS Chapter 90, with limited exemptions (e.g., owner-occupied duplexes, ADUs where owner lives on-site, week-to-week tenancies, affordable regulated units under certain conditions).

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1. 90-Day Notice Requirements (PCC 30.01.085.B & C)

• No-cause or qualifying landlord reason terminations (after the first year of occupancy): Landlord must give at least 90 days written notice (longer if the lease requires it).

• All rent increases of 5% or more in any 12-month period: Landlord must give at least 90 days written notice (even if the increase is under 10%).

 

2. Mandatory Relocation Assistance (PCC 30.01.085.B & C)

Landlords must pay relocation assistance in two situations:

TriggerWhen Payment Is DueAmount (as of 2025)Tenant Options After Receiving Payment

No-cause / qualifying landlord termination (or non-renewal) after first yearNo later than 45 days before termination dateStudio/SRO: $2,900 1 BR: $3,300 2 BR: $4,200 3+ BR: $4,500Tenant can move or stay (no repayment required)

Rent increase ≥10% in any 12-month period (including non-renewal on worse terms)Tenant must request in writing within 45 days of increase notice; landlord pays within 31 days of requestSame amounts as aboveTenant has 6 months to either: • Repay and stay (paying new rent), or • Vacate with notice (keep the money)

• Payment is per dwelling unit, not per tenancy** (households can’t “double dip”).

• Landlord must include a specific City-required explanation of rights with every termination or rent-increase notice.

• If landlord also owes state relocation assistance (ORS 90.650), the amounts can be combined into one payment and the City amount reduced by the state amount.

• Many exemptions (owner-occupied duplex/ADU, week-to-week, family move-in, demolition, etc.) — landlord must apply to Portland Housing Bureau (PHB) for exemption letter.

Penalty for non-payment: Up to 3× monthly rent + actual damages + relocation amount + attorney fees.

 

3. Applicant Screening & Evaluation Rules (PCC 30.01.086)

Portland heavily regulates how landlords screen applicants to reduce barriers.

TopicKey Requirements

Open Application PeriodLandlords must give public notice and keep applications open at least 72 hours (8 hours priority for mobility-disabled applicants on accessible units).

Processing OrderFirst-come, first-served based on completed application timestamp. No “pre-applications” before the period.

Income RequirementsGenerally ≤2.5× rent (≤2× if market-rate unit ≥80% AMI). All lawful income sources count (Section 8, child support, gifts, etc.).

Low-Barrier Criteria (Encouraged / Required for Individual Assessment)Very lenient criminal (7-year lookback for felonies, 3-year for misdemeanors, ignores arrests, expunged, juvenile, etc.), credit (ignores medical/education debt, bankruptcies, balances under $1,000/$500), and rental history rules. If landlord uses stricter criteria → individual assessment + supplemental evidence required before denial.

Prohibited PracticesNo blanket criminal bans, no SSN/immigration status requirement, no denial solely for disability-related modification requests.

Screening FeesLimited to actual cost or a small markup; must disclose estimated fee in advance.

Notices RequiredStatement of Applicant Rights, Modification/Accommodation Notice, screening criteria, rental history form.

Denial NoticeMust be written within 2 weeks, explain reasons, allow appeal.

AppealsLandlord must offer appeal process; successful appeals give 3-month pre-qualification and fee waiver.

Penalty for screening violations: $250 per violation + actual damages + attorney fees (reduced from higher amounts in 2022).

 

4. Security Deposits & Pre-Paid Rent (PCC 30.01.087)

Portland imposes some additional restrictions beyond state law:

• If landlord does not collect last month’s rent prepaid → security deposit limited to 1 month’s rent.

• If landlord does collect last month’s rent → additional security allowed (no hard cap, but must comply with state law).

• Deposits must be refundable; “non-refundable” fees prohibited except pet fees/pet rent.

• Separate administrative rules limit what deposits can be used for and require itemized accounting.

 

5. Other Key Portland-Only Protections

• Source of Income Protection — Landlords generally must accept Section 8/HUD vouchers (state law now requires this statewide, but Portland rules are similar).

• Modification/Accommodation Notice — Required with every application; tenants with disabilities have strong rights to modifications.

• Rental History Form — Standardized City form required; limits how old eviction records can be considered.

• Reporting — Landlords must report relocation payments to PHB within 30 days.

 

Key Takeaways

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Portland’s FAIR rules are among the strongest local tenant protections in Oregon and significantly increase costs and administrative burden for landlords, especially for no-cause terminations and large rent increases. The 90-day notice and relocation assistance requirements effectively make “no-cause” evictions rare/expensive for most landlords. Screening rules push landlords toward low-barrier criteria or individual assessments to avoid penalties.

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These local rules do not override state rent control (7% + CPI cap) or state eviction grounds. Always check the current code at portland.gov/code or contact the Portland Housing Bureau (PHB) Rental Services for the latest forms, administrative rules, and exemption applications (relocation exemption, etc.). Local rules can be more protective than state law but cannot be less protective.

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For the exact text:

• PCC 30.01.085 (Relocation & Notices): https://www.portland.gov/code/30/01/085

• PCC 30.01.086 (Screening): https://www.portland.gov/code/30/01/086

• PHB Rental Services: https://www.portland.gov/phb/rental-services

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This is a general overview, for a detailed easy to understand breakdown of laws purchase our law book here