Oregon Lease Agreement

An Oregon lease agreement is a legally binding contract between a landlord and tenant that outlines the rental terms, including rent amount, lease duration, tenant responsibilities, and landlord obligations. It must comply with the Oregon Residential Landlord and Tenant Act (ORS Chapter 90) to be enforceable.

The most common types of Oregon lease agreements include:

• Fixed-Term Lease: A rental contract for a specific period (e.g., 12 months).
• Month-to-Month Rental Agreement: A short-term lease that automatically renews each month.
• Sublease Agreement: A lease where the original tenant rents out the property to another tenant, with landlord approval.
• Commercial Lease: A contract for leasing commercial properties, such as office spaces or storefronts.

A comprehensive Oregon lease agreement should include:

• Property Address: Full legal address and unit details.
• Tenant and Landlord Names: Legal names of all involved parties.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies (ORS 90.220 limits late fees).
• Lease Term: Start and end dates, plus renewal and termination conditions.
• Security Deposit Terms: Deposit amount, refund policy, allowable deductions, and required notice (ORS 90.300–90.310).
• Oregon-Specific Disclosures: Such as lead-based paint disclosures (for properties built before 1978), mold disclosures, and any notices required by ORS 90.

The main difference is the duration and flexibility:

• Lease Agreement: Typically for a fixed term (e.g., 12 months), with rent fixed for the entire term.
• Rental Agreement (Month-to-Month): Usually month-to-month, with terms that can be adjusted with proper written notice according to ORS 90.323–90.427.

No, under Oregon law, landlords cannot increase rent during a fixed-term lease unless the lease explicitly allows it. For month-to-month agreements, landlords can increase rent with proper written notice:

• 90 days’ notice for any rent increase for most residential units (ORS 90.323).

If a tenant breaks the lease:

• Financial Responsibility: The tenant may be liable for rent for the remainder of the lease or an early termination fee, unless Oregon law or the lease allows mitigation.
• Landlord’s Duty to Re-Rent: Under ORS Chapter 90, landlords must make reasonable efforts to find a new tenant to minimize losses.

Lease renewal or termination depends on the type of lease:

• Fixed-Term Lease (e.g., 12-month lease):
  • To renew a fixed-term lease, the landlord and tenant must agree to a new lease or an extension of the current lease. If the lease term ends and no renewal agreement is signed, the tenant may remain on the premises, but the lease automatically converts to a month-to-month rental agreement (per ORS 90.427).
  • To terminate a fixed-term lease, either the landlord or the tenant must follow the conditions in the lease agreement. Generally, early termination may require notice and possibly a penalty unless the lease allows for early termination under certain conditions (e.g., job relocation, unsafe living conditions).
  • In the case of non-renewal, if the landlord does not want to renew the lease, they must provide written notice to the tenant (typically 30 days before the lease expiration).
• Month-to-Month Lease:
  • To renew a month-to-month lease, no formal renewal is required—the lease automatically renews each month unless terminated.
  • To terminate a month-to-month lease, either the landlord or tenant must provide written notice:
  • 30 days' notice from the tenant (if they have been in the unit for less than a year).
  • 60 days' notice from the tenant (if they have been in the unit for a year or more).
  • 30 days' notice from the landlord (if the tenant has been in the unit for less than a year).
  • 60 days' notice from the landlord (if the tenant has been in the unit for a year or more).
  • These notices must be in writing and given at least the required number of days before the desired termination date (ORS 90.427).

Yes, an Oregon lease agreement can be modified after signing, but only if:

• Both landlord and tenant agree to the changes.
• Modifications are documented in writing as a formal addendum to the original lease.
• The addendum is signed and dated by both parties.