Oregon

ORS 90.245 Prohibited provisions in rental agreements

• remedy

 

(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 arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or

(d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (Fees allowed for certain landlord expenses) (2)(e).

 

(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745; 2009 c.431 §11

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ORS 90.250 Receipt of rent without obligation to maintain premises prohibited

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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 (Landlord to maintain premises in habitable condition) (1) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition). [Formerly 91.750; 1999 c.676 §10]

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ORS 90.255 Attorney fees

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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, “prevailing party” means the party in whose favor final judgment is rendered. [Formerly 91.755]

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ORS 90.260 Late rent payment charge or fee

• restrictions

• calculation

​

(1) A landlord may impose a late charge or fee, however designated, only if:

 

(2) The amount of any late charge may not exceed:

 

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market;

 

(b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or

 

(c)Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.

 

(3)In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days’ written notice to the tenant.

 

(4)A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394 (Termination of tenancy for failure to pay rent).

 

(5)A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (Legal rate of interest) (2) and accruing from the date the late charge is imposed.

 

(6)Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) (1). A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent), so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.

 

(7)A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16; 2007 c.906 §32a]

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ORS 90.262 Use and occupancy rules and regulations

• adoption

• enforceability

• restrictions

​

(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 premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

 

(b) It is reasonably related to the purpose for which it is adopted;

 

(c) It applies to all tenants in the premises in a fair manner;

 

(d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;

 

(e) It is not for the purpose of evading the obligations of the landlord; and

 

(f) The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted.

 

(2) If a rule or regulation adopted after the tenant enters into the rental agreement works a substantial modification of the bargain, it is not valid unless the tenant consents to it in writing.

 

(3) If adopted, an occupancy guideline for a dwelling unit shall not be more restrictive than two people per bedroom and shall be reasonable. Reasonableness shall be determined on a case-by-case basis. Factors to be considered in determining reasonableness include, but are not limited to:

 

(a) The size of the bedrooms;

 

(b) The overall size of the dwelling unit; and

 

(c) Any discriminatory impact on those identified in ORS 659A.421 (Discrimination in selling, renting or leasing real property prohibited).

 

(4) As used in this section:

 

(a) “Bedroom” means a habitable room that:

 

(A) Is intended to be used primarily for sleeping purposes;

 

(B) Contains at least 70 square feet; and

 

(C) Is configured so as to take the need for a fire exit into account.

 

(b) “Habitable room” means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not included. [Formerly 90.330]

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ORS 90.263 Vehicle tags

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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]

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Note: 90.263 (Vehicle tags) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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ORS 90.265 Interest in alternative energy device installed by tenant

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(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 condition to a grant of written permission referred to in subsection (1) of this section, a landlord may require a tenant to do one or more of the following:

 

(a)Provide a waiver of the landlord’s liability for any injury to the tenant or other installer resulting from the tenant’s or installer’s negligence in the installation of the alternative energy device;

 

(b)Secure a waiver of the right to a lien against the property of the landlord from each contractor, subcontractor, laborer and material supplier who would obtain the right to a lien when the tenant installs or causes the installation of the alternative energy device; or

 

(c)Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device.

 

(3) Nothing in this section:

 

(a)Authorizes the installation of an alternative energy device in a dwelling unit without the landlord’s written permission; or

 

(b)Limits a landlord’s right to recover damages and obtain injunctive relief as provided in ORS 90.401 (Remedies available to landlord).

 

(4) As used in this section, “alternative energy device” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118). [Formerly 91.757; 1993 c.369 §32; 1995 c.559 §57; 1997 c.577 §10; 1999 c.603 §13; 2005 c.22 §60; 2005 c.391 §17]

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ORS 90.275 Temporary occupancy agreement

• terms and conditions

​

(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 describes the temporary occupancy relationship.

 

(2) The temporary occupant:

 

(a)Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and

 

(b)Does not have the rights of a tenant.

 

(3) The temporary occupancy agreement may be terminated by:

 

(a)The tenant without cause at any time; and

 

(b)The landlord only for cause that is a material violation of the temporary occupancy agreement.

 

(4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement.

 

(5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level.

 

(6)A temporary occupancy agreement:

 

(a)Shall expressly include the requirements of subsections (2) to (4) of this section;

 

(b)May provide that the temporary occupant is required to comply with any applicable rules for the premises; and

 

(c)May have a specific ending date.

 

(7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement.

 

(8)A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.

 

(9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS 90.449 (Landlord discrimination against victim), the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.

 

(10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement.

 

(11)

 

(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter.

 

(b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit.

 

(c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15; 2013 c.294 §5]

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ORS 90.295 Applicant screening charge

• limitations

• notice upon denial of tenancy

• refund

• remedy

​

(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 checking references and obtaining a consumer credit report or tenant screening report. The landlord must provide the applicant with a receipt for any applicant screening charge.

 

(b) A landlord may only require an applicant to pay a single applicant screening charge within any 60-day period, regardless of the number of rental units owned or managed by the landlord for which the applicant has applied to rent.

 

(2) The amount of any applicant screening charge must not be greater than the landlord’s average actual cost of screening applicants. Actual costs may include the cost of using a tenant screening company or a consumer credit reporting agency, and may include the reasonable value of any time spent by the landlord or the landlord’s agents in otherwise obtaining information on applicants. In any case, the applicant screening charge must not be greater than the customary amount charged by tenant screening companies or consumer credit reporting agencies for a comparable level of screening.

 

(3) A landlord may not require payment of an applicant screening charge unless prior to accepting the payment the landlord:

 

(a) Adopts written screening or admission criteria;

 

(b) Gives written notice to the applicant of:

 

(A) The amount of the applicant screening charge;

 

(B) The landlord’s screening or admission criteria;

 

(C) The process that the landlord typically will follow in screening the applicant, including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references; and

 

(D) The applicant’s rights to dispute the accuracy of any information provided to the landlord by a screening company or credit reporting agency;

 

(c) Gives actual notice to the applicant of an estimate, made to the best of the landlord’s ability at that time, of the approximate number of rental units of the type, and in the area, sought by the applicant that are, or within a reasonable future time will be, available to rent from that landlord. The estimate shall include the approximate number of applications previously accepted and remaining under consideration for those units. A good faith error by a landlord in making an estimate under this paragraph does not provide grounds for a claim under subsection (8)(b) of this section;

 

(d) Gives written notice to the applicant of the amount of rent the landlord will charge and the deposits the landlord will require, subject to change in the rent or deposits by agreement of the landlord and the tenant before entering into a rental agreement; and

(e) Gives written notice to the applicant whether the landlord requires tenants to obtain and maintain renter’s liability insurance and, if so, the amount of insurance required.

 

(4) Regardless of whether a landlord requires payment of an applicant screening charge, if a landlord denies an application for a rental agreement by an applicant and that denial is based in whole or in part on a tenant screening company or consumer credit reporting agency report on that applicant, the landlord shall give the applicant actual notice of that fact at the same time that the landlord notifies the applicant of the denial. Unless written notice of the name and address of the screening company or credit reporting agency has previously been given, the landlord shall promptly give written notice to the applicant of the name and address of the company or agency that provided the report upon which the denial is based.

 

(5) Except as provided in subsection (4) of this section, a landlord need not disclose the results of an applicant screening or report to an applicant, with respect to information that is not required to be disclosed under the federal Fair Credit Reporting Act. A landlord may give to an applicant a copy of that applicant’s consumer report, as defined in the Fair Credit Reporting Act.

 

(6) Unless the applicant agrees otherwise in writing, a landlord may not require payment of an applicant screening charge when the landlord knows or should know that no rental units are available at that time or will be available within a reasonable future time.

 

(7) A landlord that requires an applicant screening charge must refund the applicant screening charge to the applicant within a reasonable time if the landlord:

(a)Fills the vacant dwelling unit before screening the applicant; or

(b)Does not screen the applicant for any reason.

 

(8)

 

(a) An applicant may not recover an applicant screening charge from the landlord if the tenant refuses an offer from the landlord to rent the dwelling unit.

 

(b)The applicant may recover from the landlord twice the amount of any applicant screening charge paid, plus $150, if:

 

(A)The landlord fails to comply with this section with respect to the applicant’s screening or screening charge; or

 

(B)The landlord does not conduct a screening of the applicant for any reason and fails to refund an applicant screening charge to the applicant within a reasonable time. [1993 c.369 §26; 1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14; 2011 c.42 §2; 2013 c.294 §6; 2019 c.251 §1]

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ORS 90.297 Prohibition on charging deposit or fee to enter rental agreement

• exceptions

• deposit allowed for securing execution of rental agreement

• remedy

​

(1) Except as provided in ORS 90.295 (Applicant screening charge) 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, however designated, to an applicant for the purpose of securing the execution of a rental agreement, after approving the applicant’s application but prior to entering into a rental agreement. The landlord must give the applicant a written statement describing:

 

(a) The amount of rent and the fees the landlord will charge and the deposits the landlord will require; and

 

(b) The terms of the agreement to execute a rental agreement and the conditions for refunding or retaining the deposit.

 

(3) If a rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant.

 

(4) If a rental agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.

 

(5) If a rental agreement is not executed due to a failure by the landlord to comply with the agreement to execute, within four days the landlord shall return the deposit to the applicant either by making the deposit available to the applicant at the landlord’s customary place of business or by mailing the deposit by first class mail to the applicant.

 

(6) If a landlord fails to comply with this section, the applicant or tenant, as the case may be, may recover from the landlord the amount of any fee or deposit charged, plus $150. [1995 c.559 §11; 2001 c.596 §30; 2011 c.42 §3]

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ORS 90.300 Security deposits

• prepaid rent

​

(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 the tenant pays. The landlord shall hold a security deposit or prepaid rent for the tenant who is a party to the rental agreement. A tenant’s claim to the security deposit or prepaid rent is prior to the claim of a creditor of the landlord, including a trustee in bankruptcy.

 

(b) Except as provided in ORS 86.782 (Sale of property) (10), the holder of the landlord’s interest in the premises at the time the tenancy terminates is responsible to the tenant for any security deposit or prepaid rent and is bound by this section.

 

(3) A written rental agreement, if any, must list a security deposit paid by a tenant or required by a landlord.

 

(4) A landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws.

 

(5)

(a) Except as otherwise provided in this subsection, a landlord may not change the rental agreement to require the tenant to pay a new or increased security deposit during the first year after the tenancy has begun. Subject to subsection (4) of this section, the landlord may require an additional deposit if the landlord and tenant agree to modify the terms and conditions of the rental agreement to permit a pet or for other cause and the additional deposit relates to the modification. This paragraph does not prevent a landlord from collecting a security deposit that an initial rental agreement provided for but that remained unpaid at the time the tenancy began.

 

(b) If a landlord requires a new or increased security deposit after the first year of the tenancy, the landlord shall allow the tenant at least three months to pay the new or increased deposit.

 

(6) The landlord may claim all or part of the security deposit only if the landlord required the security deposit for any or all of the purposes specified in subsection (7) of this section.

 

(7)

 

(a) The landlord may claim from the security deposit only the amount reasonably necessary:

 

(A) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and

 

(B) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.

 

(b) A landlord is not required to repair damage caused by the tenant in order for the landlord to claim against the deposit for the cost to make the repair. Any labor costs the landlord assesses under this subsection for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the landlord’s own performance of cleaning or repair work.

 

(c) Defaults and damages for which a landlord may recover under this subsection include, but are not limited to:

 

(A) Carpet cleaning, other than the use of a common vacuum cleaner, if:

 

(i) The cleaning is performed by use of a machine specifically designed for cleaning or shampooing carpets;

 

(ii) The carpet was cleaned or replaced after the previous tenancy or the most recent significant use of the carpet and before the tenant took possession; and

 

(iii) The written rental agreement provides that the landlord may deduct the cost of carpet cleaning regardless of whether the tenant cleans the carpet before the tenant delivers possession as described in ORS 90.147 (Delivery of possession).

 

(B) Loss of use of the dwelling unit during the performance of necessary cleaning or repairs for which the tenant is responsible under this subsection if the cleaning or repairs are performed in a timely manner.

 

(8) A landlord may not require a tenant to pay or to forfeit a security deposit or prepaid rent to the landlord for the tenant’s failure to maintain a tenancy for a minimum number of months in a month-to-month tenancy.

 

(9) The landlord must apply any last month’s rent deposit to the rent due for the last month of the tenancy:

 

(a) When either the landlord or the tenant gives to the other a notice of termination, pursuant to this chapter, other than a notice of termination under ORS 90.394 (Termination of tenancy for failure to pay rent);

 

(b) When the landlord and tenant agree to terminate the tenancy; or

 

(c) When the tenancy terminates in accordance with the provisions of a written rental agreement for a term tenancy.

 

(10) A landlord shall account for and refund as provided in subsections (12) to (14) of this section any portion of a last month’s rent deposit the landlord does not apply as provided under subsection (9) of this section. Unless the tenant and landlord agree otherwise, the tenant may not require the landlord to apply a last month’s rent deposit to rent due for any period other than the last month of the tenancy. A last month’s rent deposit does not limit the amount of rent charged unless a written rental agreement provides otherwise.

 

(11) When the tenancy terminates, a landlord shall account for and refund to the tenant, in the same manner this section requires for security deposits, the unused balance of any prepaid rent the landlord has not previously refunded to the tenant under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) and 105.120 (Notice necessary to maintain action in certain cases) (5)(b) or any other provision of this chapter. The landlord may claim from the remaining prepaid rent only the amount reasonably necessary to pay the tenant’s unpaid rent.

 

(12) In order to claim all or part of any prepaid rent or security deposit, within 31 days after the tenancy terminates and the tenant delivers possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.

 

(13) The landlord shall return to the tenant the security deposit or prepaid rent or the portion of the security deposit or prepaid rent that the landlord does not claim in the manner provided by subsections (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord.

 

(14) The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail.

 

(15) If a security deposit or prepaid rent secures a tenancy for a space for a manufactured dwelling or floating home the tenant owns and occupies, whether or not in a facility, and the dwelling or home is abandoned as described in ORS 90.425 (Disposition of personal property abandoned by tenant) (2) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (2), the 31-day period described in subsections (12) and (13) of this section commences on the earliest of:

 

(a) Waiver of the abandoned property process under ORS 90.425 (Disposition of personal property abandoned by tenant) (26) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (24);

 

(b) Removal of the manufactured dwelling or floating home from the rented space;

 

(c) Destruction or other disposition of the manufactured dwelling or floating home under ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(b) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(b); or

 

(d) Sale of the manufactured dwelling or floating home pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(a) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(a).

 

(16) If the landlord fails to comply with subsection (13) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the money due in an amount equal to twice the amount:

 

(a) Withheld without a written accounting under subsection (12) of this section; or

 

(b) Withheld in bad faith.

 

(17)

 

(a) A security deposit or prepaid rent in the possession of the landlord is not garnishable property, as provided in ORS 18.618 (Property not subject to garnishment).

 

(b) If a landlord delivers a security deposit or prepaid rent to a garnishor in violation of ORS 18.618 (Property not subject to garnishment) (1)(b), the landlord that delivered the security deposit or prepaid rent to the garnishor shall allow the tenant at least 30 days after a copy of the garnishee response required by ORS 18.680 (Response required) is delivered to the tenant under ORS 18.690 (Delivery of garnishee response) to restore the security deposit or prepaid rent. If the tenant fails to restore a security deposit or prepaid rent under the provisions of this paragraph before the tenancy terminates, and the landlord retains no security deposit or prepaid rent from the tenant after the garnishment, the landlord is not required to refund or account for the security deposit or prepaid rent under subsection (11) of this section.

 

(18) This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37; 2009 c.431 §12; 2010 c.28 §5; 2011 c.42 §4; 2011 c.510 §5; 2013 c.294 §7; 2015 c.217 §16; 2019 c.625 §51]

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ORS 90.302 Fees allowed for certain landlord expenses

• accounting not required

• fees for noncompliance with written rules

• tenant remedies

​

(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 for each occurrence of the following:

(a) A late rent payment, pursuant to ORS 90.260 (Late rent payment charge or fee).

(b) A dishonored check, pursuant to ORS 30.701 (Actions against maker of dishonored check) (5). The amount of the fee may not exceed the amount described in ORS 30.701 (Actions against maker of dishonored check) (5) plus any amount that a bank has charged the landlord for processing the dishonored check.

(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (Tenant duties) (2). The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 (Penalties) or under ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725) to 105.842 (Tampering with carbon monoxide alarm) and 476.725 (Statewide standards for residential carbon monoxide alarms).

(d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530 (Pets in facilities).

(e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (Termination by tenant who is victim of domestic violence, sexual assault or stalking) (2), 90.472 (Termination by tenant called into active state service by Governor) or 90.475 (Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration). If the landlord assesses a fee under this paragraph:

(A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;

(B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and

(C) ORS 90.410 (Effect of tenant failure to give notice of absence) (3) does not apply to the abandonment or relinquishment.

 

(3)

(a) A landlord may charge a tenant a fee under this subsection for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice described in subparagraph (A) of this paragraph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance. The landlord:

 

(A) Shall give a tenant a written warning notice that describes:

 

(i) A specific noncompliance before charging a fee for a second or subsequent noncompliance for the same or similar conduct; and

 

(ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance, that occurs within one year after the warning notice.

 

(B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice.

 

(C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent noncompliance within 30 days after the act constituting noncompliance.

 

(D) May terminate a tenancy for a noncompliance consistent with this chapter instead of assessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same noncompliance.

 

(E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period.

 

(b) A landlord may charge a tenant a fee for occurrences of noncompliance with written rules or policies as provided in paragraph (a) of this subsection for the following types of noncompliance:

 

(A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315 (Utility or service payments).

 

(B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.

 

(C) Failure to clean up the waste of a service animal or a companion animal from a part of the premises other than the dwelling unit.

 

(D) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit.

 

(E) Parking violations.

 

(F) The improper use of vehicles within the premises.

 

(G) Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 24 hours after the required warning notice to the tenant.

 

(H) Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405 (Effect of tenant keeping unpermitted pet). The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 48 hours after the required warning notice to the tenant.

 

(4) A landlord may not be required to account for or return to the tenant any fee.

 

(5) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant any form of liquidated damages, however designated.

 

(6) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) (1).

 

(7) This section does not apply to:

 

(a) Attorney fees awarded pursuant to ORS 90.255 (Attorney fees);

 

(b) Applicant screening charges paid pursuant to ORS 90.295 (Applicant screening charge);

 

(c) Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law, including the cost to replace a key lost by a tenant;

 

(d) Processing fees charged to the landlord by a credit card company and passed through to the tenant for the use of a credit card by the tenant to make a payment when:

 

(A) The credit card company allows processing fees to be passed through to the credit card holder; and

 

(B) The landlord allows the tenant to pay in cash or by check;

 

(e) A requirement by a landlord in a written rental agreement that a tenant obtain and maintain renter’s liability insurance pursuant to ORS 90.222 (Renter’s liability insurance); or

 

(f) Assessments, as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) and 100.005 (Definitions), for a dwelling unit that is within a homeowners association organized under ORS 94.625 (Formation of homeowners association) or an association of unit owners organized under ORS 100.405 (Association of unit owners), respectively, if:

 

(A) The assessments are imposed by the association on a landlord who owns a dwelling unit within the association and the landlord passes the assessments through to a tenant of the unit;

 

(B) The assessments are imposed by the association on any person for expenses related to moving into or out of a unit located within the association;

 

(C) The landlord sets forth the assessment requirement in the written rental agreement at the commencement of the tenancy; and

 

(D) The landlord gives a copy of the assessment the landlord receives from the association to the tenant before or at the time the landlord charges the tenant.

 

(8) If a landlord charges a tenant a fee in violation of this section, the tenant may recover twice the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees described in subsection (2) of this section.

 

(9) The landlord may unilaterally amend a rental agreement for a facility subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) to impose fees authorized by subsection (3) of this section upon a 90-day written notice to the tenant, except that a marina landlord may not impose a noncompliance fee for parking under subsection (3)(b)(E) of this section. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18; 2009 c.431 §13; 2009 c.591 §11; 2013 c.294 §8; 2015 c.388 §3; 2016 c.53 §4; 2019 c.625 §37]

​

ORS 90.303 Evaluation of applicant

​

(1) When evaluating an applicant, a landlord may not consider an action to recover possession pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if the action:

 

(a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application.

 

(b) Resulted in a general judgment against the applicant that was entered five or more years before the applicant submits the application.

 

(2) When evaluating the applicant, a landlord may not consider a previous arrest of the applicant if the arrest did not result in a conviction. This subsection does not apply if the arrest has resulted in charges for criminal behavior as described in subsection (3) of this section that have not been dismissed at the time the applicant submits the application.

 

(3) When evaluating the applicant, the landlord may not consider criminal conviction and charging history unless the conviction or pending charge is for conduct that is:

 

(a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

 

(b) A person crime;

 

(c) A sex offense;

 

(d) A crime involving financial fraud, including identity theft and forgery; or

 

(e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

 

(A) Property of the landlord or a tenant; or

 

(B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent.

 

(4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. [2013 c.294 §3; 2019 c.268 §1]

​

ORS 90.304 Statement of reasons for denial

• remedy for noncompliance

​

(1) If a landlord requires an applicant to pay an applicant screening charge and the application is denied, or if an applicant makes a written request following the landlord’s denial of an application, the landlord must promptly provide the applicant with a written statement of one or more reasons for the denial.

 

(2) The landlord’s statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off. The reasons may include, but are not limited to, the following:

 

(a) Rental information, including:

 

(A) Negative or insufficient reports from references or other sources.

 

(B) An unacceptable or insufficient rental history, such as the lack of a reference from a prior landlord.

 

(C) A prior action for possession under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) that resulted in a general judgment for the plaintiff or an action for possession that has not yet resulted in dismissal or general judgment.

 

(D) Inability to verify information regarding a rental history.

 

(b) Criminal records, including:

 

(A) An unacceptable criminal history.

 

(B) Inability to verify information regarding criminal history.

 

(c) Financial information, including:

 

(A) Insufficient income.

 

(B) Negative information provided by a consumer credit reporting agency.

 

(C) Inability to verify information regarding credit history.

 

(d)Failure to meet other written screening or admission criteria.

 

(e) The dwelling unit has already been rented.

 

(3) If a landlord fails to comply with this section, the applicant may recover from the landlord $100. [2005 c.391 §31]

​

ORS 90.305 Disclosure of certain matters

• retention of rental agreement

• inspection of agreement

​

(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 purpose of service of process and receiving and receipting for notices and demands.

 

(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

 

(3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.

 

(4)

(a) A landlord shall retain a copy of each rental agreement at the resident manager’s office or at the address provided to the tenant under subsection (1)(a) of this section.

 

(b) A tenant may request to see the rental agreement and, within a reasonable time, the landlord shall make the agreement available for inspection. At the request of the tenant and upon payment of a reasonable charge, not to exceed the lesser of 25 cents per page or the actual copying costs, the landlord shall provide the tenant with a copy of the rental agreement. This subsection shall not diminish the landlord’s obligation to furnish the tenant an initial copy of the rental agreement and any amendments under ORS 90.220 (Terms and conditions of rental agreement) (3). [Formerly 91.765; 1993 c.369 §5; 1999 c.603 §17; 2003 c.378 §11]

​

ORS 90.310 Disclosure of legal proceedings

• tenant remedies for failure to disclose

• liability of manager

​

(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 execution of the rental agreement:

 

(a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee’s sale under a trust deed;

 

(b) Any pending suit to foreclose a mortgage, trust deed or vendor’s lien under a contract of sale;

 

(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

 

(d) Any pending proceeding to foreclose a tax lien.

 

(2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

 

(3) This section shall not apply to premises managed by a court appointed receiver.

 

(4) A manager who has complied with ORS 90.305 (Disclosure of certain matters) shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 §31]

​

ORS 90.315 Utility or service payments

• additional charges

• responsibility for utility or service

• remedies

​

(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 charge” means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

 

(B)

“Public service charge” does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

 

(c)

“Sewer service” includes storm water service and wastewater service.

 

(d)

“Utility or service” includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

 

(2)

The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit.

 

(3)

If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month’s rent, whichever is greater.

 

(4)

(a) Except for tenancies covered by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit.

 

(b)

 

(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider’s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

 

(B)

The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

(i)

The manner in which the provider assesses a utility or service charge; and

(ii)

The manner in which the charge is allocated among the tenants if the provider’s bill to the landlord covers multiple tenants.

 

(C)

The landlord must:

 

(i) Include in the bill to the tenant a copy of the provider’s bill; or

 

(ii) If the provider’s bill is not included, state that the tenant may inspect the provider’s bill at a reasonable time and place and that the tenant may obtain a copy of the provider’s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

 

(D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant’s payment as timely for purposes of ORS 90.302 (Fees allowed for certain landlord expenses) (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

 

(E)If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 (Service or delivery of written notice) or by electronic means.

 

(c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

 

(A)The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

 

(B) The additional am 

The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

 

(D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

(E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

 

(d)

 

(A) A landlord must provide 60 days’ written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

 

(B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

 

(C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

 

(e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause).

 

(f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

 

(5)

(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

 

(A) Pay the outstanding amount and deduct the amount from the rent;

 

(B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

 

(C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

 

(b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

 

(6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

 

(a) Pay the outstanding amount and deduct the amount from the rent; or

 

(b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

 

(A) Within four days after termination, all rent and fees; and

 

(B) All of the security deposit owed to the tenant under ORS 90.300 (Security deposits).

 

(7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

 

(a)Pay the outstanding balance and deduct the amount from the rent; or

 

(b)Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

 

(A)Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

 

(B)All of the security deposit owed to the tenant under ORS 90.300 (Security deposits).

 

(8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

 

(9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 §2; 1995 c.559 §14; 1997 c.577 §16; 1999 c.603 §18; 2005 c.391 §19; 2009 c.816 §4a; 2011 c.503 §7; 2015 c.388 §8]

​

ORS 90.316 Carbon monoxide alarm

​

(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 not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

 

(a) Contains a carbon monoxide source; or

 

(b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

 

(2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS 90.317 (Repair or replacement of carbon monoxide alarm).

 

(3) If a carbon monoxide alarm is battery-operated or has a battery-operated backup system, the landlord shall supply working batteries for the alarm at the beginning of a new tenancy. [2009 c.591 §10; 2011 c.42 §5]

​

ORS 90.317 Repair or replacement of carbon monoxide alarm

​

(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 contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

 

(2) The landlord shall provide the tenant of the dwelling unit with a written notice containing instructions for testing of the alarms. The landlord shall provide the written notice to the tenant no later than at the time that the tenant first takes possession of the premises.

 

(3) If the landlord receives written notice from the tenant of a deficiency in a carbon monoxide alarm, other than dead batteries, the landlord shall repair or replace the alarm.

 

(4) Supplying and maintaining a carbon monoxide alarm required under this section is a habitable condition requirement under ORS 90.320 (Landlord to maintain premises in habitable condition). [2009 c.591 §5; 2011 c.42 §7]

 

Note: 90.317 (Repair or replacement of carbon monoxide alarm) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.