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Oregon Tenant Rights

Oregon Tenant Rights

Oregon Tenant Rights

Tenants in Oregon enjoy a suite of rights and protections that ensure fair and safe housing. These rights are codified in state and federal law and apply to most rental housing in the state, including apartments, houses, and mobile homes. In this article, we’ll explore these tenant rights and what they mean for Oregon renters.

Rental Agreements

The first step to renting in Oregon is signing a rental agreement with the landlord or property manager. This agreement outlines the responsibilities of both the tenant and the landlord, including rent payment, maintenance, and access to the property. There are a few key elements to keep in mind when signing a rental agreement:

Length of lease: Most rental agreements in Oregon are for a year, but shorter or longer terms are possible. Be sure to read the lease carefully to ensure you understand the length of the lease and any automatic renewal clauses.

Rent payments: The rental agreement should specify the rent amount and due date. The landlord cannot change the rent during the lease term, except under certain circumstances, such as with prior notice or for specific fees, like pet rent.

Security deposit: The landlord may require a security deposit, but it must be no more than one and a half times the monthly rent. The landlord must provide the tenant with a receipt for the deposit and return it within 31 days of the tenant moving out, unless there are deductions for damages or unpaid rent.

Utilities: If the rental agreement specifies that the tenant is responsible for paying for utilities, the landlord must provide an estimate of the average monthly cost for each utility.

Disclosures: The landlord must provide certain information to the tenant before signing the rental agreement, such as the name and address of the landlord or property manager, a list of all the occupants of the dwelling, and any known hazards or damage to the property.

Termination: The rental agreement should specify the process for terminating the lease, including any notice requirements.

Privacy and Access

Tenants in Oregon have the right to privacy and the peaceful enjoyment of their rented property. This means that landlords cannot enter the dwelling without notice or a valid reason. There are a few exceptions to this, such as in case of an emergency or if the tenant has abandoned the property. For non-emergency situations, the landlord must provide at least 24 hours notice before entering the property. The landlord must also make a reasonable effort to work with the tenant to schedule the visit at a convenient time.

Landlords cannot harass or interfere with the tenant’s right to privacy. This means that they cannot enter the property without notice, turn off utilities, or intimidate the tenant in any way.

Maintenance and Repairs

Landlords in Oregon have a legal obligation to keep rental properties in safe and habitable condition. This means that they must ensure that the property meets certain standards for cleanliness, safety, and maintenance. Some specific requirements include:

Heating: Landlords must provide a functioning heating system that is capable of maintaining a temperature of 68 degrees Fahrenheit in all habitable rooms.

Electricity: Landlords must provide safe and working electrical systems and appliances.

Water and plumbing: Landlords must provide safe and working plumbing and sufficient hot and cold water.

Structural elements: Landlords must maintain the property’s structural elements, such as the roof, foundation, and walls.

Pests: Landlords must eliminate pests such as mice, rats, and cockroaches.

The landlord is responsible for making repairs and maintaining the property, even if a tenant caused the damage or the issue arose from normal wear and tear. If the landlord fails to make necessary repairs or maintain the property, the tenant may be entitled to compensation or to terminate the lease.

Evictions

While landlords in Oregon may legally evict tenants for certain reasons, they are not allowed to evict tenants without notice or for discriminatory reasons. The Oregon Residential Landlord and Tenant Act specifies the reasons a landlord may evict a tenant:

Nonpayment of rent: If a tenant does not pay rent, the landlord may provide a notice that gives the tenant 72 hours to pay the rent or vacate the property.

Violation of rental agreement: If a tenant violates the terms of the rental agreement, the landlord may provide a notice that gives the tenant 30 days to correct the violation or vacate the property.

End of lease term: If a lease has come to an end and the tenant has not negotiated a renewal or exit with the landlord, the landlord may provide a notice that gives the tenant 30 days to vacate the property.

Criminal activity: If a tenant engages in illegal activity on the property, the landlord can terminate the tenancy with 24 hours’ notice.

The eviction process in Oregon involves providing proper notice to the tenant, filing a claim in court, and attending a hearing. Tenants who are being evicted for nonpayment of rent have the right to a hearing to dispute the eviction.

Discrimination

Oregon has strong antidiscrimination laws that protect tenants from being discriminated against by landlords or property managers. Landlords cannot discriminate on the basis of race, color, religion, sex, familial status, national origin, age, or disability. This applies to all stages of the rental process, from advertising to lease signing to eviction. Tenants who believe they have been subjected to discrimination can file a complaint with the Oregon Bureau of Labor and Industries.

Conclusion

Tenants in Oregon have many rights and protections that ensure safe, habitable, and discrimination-free housing. By understanding these rights and holding landlords accountable, renters can achieve fair and stable housing arrangements. If you have any questions or concerns about your tenant rights in Oregon, consult with a legal professional or contact the Oregon State Bar’s Lawyer Referral Service for assistance.


Quick Guide to Oregon Tenant Rights

Oregon tenant rights are both detailed and complex compared to some states.  OR tenant rights coincide with tenant responsibilities too, and landlords are required to provide specific responsibilities of the renter within a written lease.  If you believe you have been violated of your Oregon tenant rights and have fulfilled all of your tenant responsibilities in a timely and proficient manner, you may be able to sue your landlord for several months rent and court costs.

Disability Discrimination

Under federal law, it is illegal for a landlord or property owner to deny housing for a person based upon race, color, sex, family status, religion, national origin, or mental or physical disability.  Oregon law also makes it illegal for a landlord to deny housing based on marital status or source of income.  If you believe you have been subject to disability discrimination or have been denied proper renovations to accommodate for your disability, you should consider contacting the following sources:

• ASUO Legal Services

• Oregon Fair Housing Council

• Fair Housing Enforcement Division of the U.S. Department of Housing and Urban Development

• Civil Rights Division of the Oregon Bureau of Labor and Industries

Rights to Respect

Under Oregon tenant rights, renters have the right to be treated fairly and with respect—no matter their income or way of living.  Once the tenant moves in, the property is deemed the renter’s home and the landlord’s financial investment and liability.  This clause states the tenant must treat the landlord with respect as well.

General and Essential Repair

Under OR tenant rights, a renter may initiate several different measures in order to have a landlord repair both general and essential matters within the property.  Under Oregon law, essential services include the following, and are not limited to:

• Heat

• Plumbing

• Hot and cold running water

• Gas

• Electricity

• Light fixtures

• Locks on exterior doors

• Latches for windows

• Any cooking appliance or refrigerator supplies

If the landlord fails to provide repairs for any of the services listed above, and renter has several options under Oregon tenant rights.  Some of the options include:

1) “Fix or I Quit”- this is an option to end the lease before the rental term is up.  A month-to-month tenant can give a landlord a 30-day notice if the landlord has failed to provide the necessary obligations listed within the lease.  The notice must state that if the repairs are not taken care of within 30 days, the lease will be terminated; but if the problem is fixed, the contract will not terminate.

2) Filing Suit Against Landlord- a tenant can recover damages for the time the repairs were not fixed and get a legal order to have the problems fixed.  A detailed statement is usually needed that specifies the habitability, extent of poor management, and other conditions that directly went against the Oregon tenant rights.

3) Defense Against Eviction- if the OR tenant rights have been denied through unsuitable living conditions or improper time to repair essential damages, a tenant may be able to use this defense to avoid eviction. The violations must be known by the landlord before the eviction process to place, though.