Oregon Lease Agreements

Navigating the complexities of lease agreements in Oregon can be a daunting task for both landlords and tenants. However, with the right resources, such as TurboTenant’s Oregon Lease Agreement Generator and Templates, creating a legally compliant and comprehensive lease becomes significantly more manageable. This article will walk you through the essential elements of an Oregon lease agreement, highlighting state-specific regulations and best practices to ensure a fair and legally sound agreement.

Section 1 – Custom to You

Customization is key when drafting a lease agreement. This section allows landlords to input specific details about the rental agreement, including tenant information, rent amount, utility responsibilities, and more. It’s designed for clarity and ease of use, with a summary table at the front of the agreement for quick reference.

Highlights of Section 1

  • Additional Provisions: This area lets landlords add property-specific rules, necessary local clauses, or any other specifics they wish to include. It’s advisable to consult with a lawyer when adding additional provisions to ensure legal compliance.
  • Lost Key Policy: Landlords can outline the protocol for lost keys, including the requirement for tenants to cover the full cost of rekeying the property if keys are not returned upon moving out.

Section 2 – Specific to Oregon

To ensure compliance with local laws, Section 2 incorporates clauses specific to Oregon. These details can be edited through the use of our Advanced Editor feature. However, we suggest consulting with an attorney to make sure your changes are legally compliant with state and local laws.

Key Oregon-Specific Clauses

  • Late Fees (Section 2.1): Oregon allows a late fee of five percent (5%) of the unpaid rent if not received by the fourth day of each month. This fee is considered additional rent and is collected as such.
  • Security Deposit Provisions (Section 2.4): Though there is no statutory maximum amount for security deposits in Oregon, it’s common to collect 1–2 times the monthly rent. Landlords must return the deposit within 31 days after lease termination, along with a written accounting of any deductions. Tenants are required to provide a forwarding address to ensure the return of their deposit.
  • Fair Housing (Section 2.11): All parties must comply with federal and Oregon civil rights laws, which prohibit housing discrimination. Local ordinances may offer further protections, and landlords should research their county’s regulations.
  • Smoke/Carbon Monoxide Detectors (Section 2.14): Tenants are responsible for testing detectors every six months and must replace batteries as needed. Tampering with detectors incurs a $250.00 fee and/or a lease violation notice.
  • Notice of 100-Year Flood Plain (Section 2.15): Landlords must inform tenants in writing at the lease’s commencement if the property is within a 100-year flood plain.
  • Shared Utilities (Section 2.16). All shared utilities must be listed along with the formula for how the bill is divided.
  • Pending Suit Notification (Section 2.17) All pending suits, such as a foreclosure of tax lien or mortgage or an outstanding notice of default under a deed of trust, must be disclosed.

Section 3 – General Clauses for Best Practices

These clauses are standard across most lease agreements but are tailored to embody best practices and ensure a smooth landlord-tenant relationship.

Highlights of Section 3

  • Military Personnel, Family Violence, Sexual Offenses, or Stalking (Section 3.8): This provision addresses tenants’ rights to terminate the lease early under specific circumstances relating to military service, family violence, sexual offenses, or stalking.
  • Choice of Law (Section 3.11): The lease agreement is governed by Oregon’s laws, and parties must consent to the use of county courts where the property is located.
  • Indemnification (Section 3.20): Tenants are not required to indemnify the landlord for the landlord’s negligence or misconduct.
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FAQ

How much can I charge for a late fee in Oregon?

In Oregon, landlords can charge a late fee of five percent (5%) of the unpaid rent if it is not received by the fourth day of each month.

What is the maximum security deposit I can charge in Oregon?

Oregon does not have a statutory maximum for security deposits. However, it is common practice to charge 1–2 times the monthly rent.

Do I need to inform my tenants if the property is in a flood plain?

Yes, landlords in Oregon are required to inform tenants in writing at the start of the lease if the property is located within a 100-year flood plain.

What are a tenant’s responsibilities regarding smoke and carbon monoxide detectors?

Tenants must test smoke and carbon monoxide detectors every six months, replacing batteries as needed. Tampering with these detectors can result in a $250 fee and/or a lease violation notice.

TurboTenant simplifies the process of creating a legally compliant Oregon lease agreement. By offering customizable templates that adhere to Oregon’s specific legal requirements and best practices, landlords can ensure their lease agreements are thorough, clear, and fair. For custom provisions or unique situations, it’s recommended to consult with a legal professional to ensure compliance and protect your interests.

Oregon Resources

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