Knowing your rights as a renter (often referred to as tenant rights) helps protect you from housing discrimination or unfair practices like rent or fee gouging. It also helps ensure you always have a clean, safe place to live and that there's no confusion about which responsibilities are yours and which are your landlord's.
Every state's laws are a little different; read on for details about Oregon's.
While lease agreements tend to be pretty lengthy, we strongly recommend you get yourself a tasty beverage, find a comfortable chair, and read the lease—at least three times. If this is your first time renting or the lease feels especially overwhelming, fear not. We’ll walk you through a couple of things to look out for.
As a renter, you have essentially agreed to pay a monthly rent to the owner of the house or apartment serving as your home. First and foremost, pay this rent! By signing a lease, you’re contractually obligated to submit this payment each and every month that you live at this home (ORS 90.417). Your noncompliance with the rental agreement that you signed will be considered as a breach, and the landlord may be entitled to collect damages when a tenant breaches the lease.
While rent is your number one responsibility, there may be other things that you need to take care of, depending on what you agree to in your rental agreement/lease. For example:
- Yardwork (Cutting the grass, trimming the trees, etc.)
- Renter insurance
- Cable & Internet
- Snow removal (if applicable)
Depending on how your lease reads, you may be expected to pay for or perform the work yourself. If you’re not comfortable doing so, try to negotiate in advance of signing a lease. (Some cities also required landlords to cover the cost of certain utilities so check your city or state website to confirm.) It’s okay if you are not comfortable paying for or performing these responsibilities—try and negotiate with the landlord if possible. If you cannot come to an agreement on the terms of the lease agreement, shop around for a home and landlord that is willing to work with you.
Your landlord's responsibilities
Your landlord’s responsibilities begin when the lease is signed and continue until shortly after you move out. At a minimum, the landlord is responsible for providing you with an acceptable place to live (ORS 90.320). This means the rental unit must be, by legal standards, relatively clean and safe.
The landlord must also take care of things like trash and utilities (basically, everything mentioned above under “Renter Responsibilities”) unless they’ve been specifically outlined as your responsibility in the lease. If there’s no language in the rental agreement that specifically requires you, as the renter, to mow the grass outside your rental unit, it is safe to assume that your landlord will take care of it. If there is any confusion about who is responsible for what, it’s a good idea to talk with your landlord before signing the lease.
Under Oregon law, one of the primary duties of the landlord is to provide you, the tenant, with proper possessions pertaining to the property. This usually refers to the landlord providing you with keys to the rental unit, as well as any other property that may be necessary for basic living conditions.
Rental repairs and maintenance
In general, most landlords want to keep their rental units in decent shape. The longer they delay repairs, the more it costs them in the future. Here's Roost's guide on how to request repairs from your landlord, and here’s what you need to know specifically about Oregon:
- Landlords are generally allowed to enter your rental unit to make repairs, but they must give you notice ahead of time - at least 24 hours prior (ORS 90.322). You should never feel like you have to let them in if they show up announced.
- You and your landlord may also agree in writing that you will be obliged to perform specified repairs, maintenance tasks, and minor remodeling, but be very careful what you are signing since this agreement must not evade the obligations of the landlord. (ORS 90.320).
- If a landlord does not fix a much-needed repair, you do have some options as a renter. These options include termination of the lease or other legal remedies.
Who’s usually responsible?
A leak in the roof or ceiling
Paint mistakenly splashed on the walls
Broken steps to the front door
Lightbulbs burned out in your unit
Broken water heater or dishwasher
Power Outage due to loose wiring
Rental security deposits
In Oregon, there is no limit on the amount of security deposit a landlord can require. The amount they set is likely influenced by what other units are available to rent but overall, they can set whatever number they feel most comfortable with as the deposit on a unit. (For alternatives to paying a full upfront security deposit, check out companies like Rhino and The Guarantors.) It’s up to you as the tenant to accept this number or move on to other rental units instead.
When do you get your security deposit back after you move out? Assuming you leave your unit in good shape and have not missed any rent payments, your landlord must return your security deposit (minus any deductions) within 31 days after you have moved out of the rental unit. (ORS 90.300) Read Roost's How to get your security deposit back for additional tips.
Rental agreements: rent increases, payment, and fees
If you are entering into a new rental situation, it’s very important to understand the financial side of your new living arrangement. While most people tend to base their decision on the rent amount, don’t be surprised if your landlord requires you to pay other fees. These include:
- Security deposit - no state limit on this, but residual must be returned 31 days after moving out.
- Screening fee - allowed under state law, but a landlord must provide a written explanation for a denial of an application. Also, the fee must equal the actual cost of screening performed (cannot profit on this) (ORS 90.297).
- Late rent fees - If you are not paying your rent on time, your landlord is entitled to charge you with a late fee. Your landlord must wait at least four days after rent is due to charge you a late fee, and there are limits on how big a late fee can be. We are speaking about a reasonable flat amount that can vary between properties. (ORS 90.260).
- Cleaning fee - allowed under state law with advance written notice.
- Application/reservation fee - allowed under state law with advance written notice;
- Rent increases - a landlord can only raise rent between terms and with advance written notice - 7 days for week-to-week rentals, 90 days for month-to-month rentals (ORS 90.323).
- Pets - Check your lease before you get a pet. Oregon law doesn’t require landlords to accept pets, and if you don’t get permission in advance, it can be considered a violation of your lease and be cause for eviction. Additional pet rent or pet security deposit is not uncommon.
- Emotional support and service animals - If you have a mental or emotional disability, federal laws state landlords must make “reasonable accommodations”, which can include an emotional support or service animal. There are a few exceptions and this tends to be a pretty tricky area for both renters and landlords to navigate together, so be upfront about what you need and follow all required steps. Landlords cannot charge you extra for an emotional support or service animal.
Read Roost's What to know before signing that rental lease for additional tips.
Rent termination and eviction
Once you’ve moved into your rental unit, the place is yours until your lease is up, your landlord terminates the rental agreement early, or you’re evicted. Eviction is an unpleasant process for everyone, so it’s best for you and your landlord to do everything you can to avoid it. Being evicted makes it hard to find housing, can affect your credit, and does not relieve you from paying rent unless the landlord finds someone new to move in.
Early termination of a rental agreement is permitted in Oregon if you are a victim of domestic violence, sexual assault, or stalking, and you have requested from your landlord to change the locks or even you may terminate the rental agreement without any consequences (ORS 90.453 and 90.459).
Your landlord can only evict you under certain circumstances. The most common reasons for eviction are missing rent or violating the lease (unauthorized pets or occupants--things like that). However, they can’t simply change the locks, dump your stuff on the front yard and kick you out. In order to legally evict you, a landlord must follow proper procedures and serve you an eviction notice before you are required to move out of your rental unit. The process includes:
- Giving you a notice of nonconformance of lease that must be remedied within 30 days, only 72 hours notice required for rent past due at least 7 days;
- The landlord filing a suit for removal of the renter;
- A legal motion for monies owed and attorney fees;
- And, if your landlord has legal grounds to evict you, they have to provide proper notice and give you sufficient time to move your stuff out. In Oregon, a 24-hour period is all that is required before the landlord can have you forced out by the authorities.
On the flip side, a renter may be able to terminate the lease if the landlord violates their part of the agreement to keep the unit “liveable”. For example, if your landlord fails to fix a much-needed repair--exposed wiring, a hole in the floor—then you may be able to terminate the lease and move out.
Renting with roommates
Sometimes your roommate situation just doesn’t work out. Unfortunately, you’re both responsible for the lease, and in many ways, you’re both responsible for each other’s actions. Depending on how your rental agreement is written, if your roommate bails, you could be stuck having to pay the full rent on your own. While you can use legal action to go after your former roommate, you may still have to pay full rent when it’s due.
Oregon has guidance on how many people can live in a unit but uses a “reasonableness” standard. The enforced number is that a landlord cannot be more restrictive than 2 people per room in the unit (ORS 90.262).
One of the most common questions that come up when there’s a problem with a roommate is whether you can evict them. In short: no. If your roommate’s name is on the lease as a tenant, you cannot kick them out, so sending an eviction notice would be pointless. If they are not on the lease, they may not be considered a tenant, which technically means they don’t have any legal obligations to fulfill in regards to your lease anyway.
Rental housing discrimination
At the federal level, landlords are not allowed to prevent you from living in a particular rental unit based on your:
- Familial status
- National Origin
If it is found that a landlord has discriminated against you for any of the above reasons, you are entitled to compensation, and should check with your legal counsel immediately.
Oregon law forbids discrimination when it comes to renting, buying, or financing a home in addition to the federal law anti-discrimination. Your landlord can't refuse to lease you a place based on your marital status, sexual orientation, source of your income, sexual assault or stalking, domestic violence, or the fact that you previously won an eviction case! (ORS 90.390)
A number of states, including Oregon, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Washington Governor Kate Brown issued an executive order protecting renters from eviction through June 30th, which has been extended by the legislature to September 30.
Note: In order to be entitled to the benefit of the moratorium, you must provide the landlord, within 30 calendar days of the unpaid rent being due, acceptable documentation that your inability to pay is caused, at least in part, by the COVID-19 pandemic. Additionally, the executive order requires you to pay partial rent to the extent you are financially able to do so. For further reading, learn more.
The Trump administration recently announced a new executive order for a rent moratorium through the end of the 2020 year. The order was put forward by the Centers for Disease Control to help prevent Covid-19 spread. Under the updated directive, families must prove they tried to pay their rent and that eviction would force them into a shelter or close quarters with others. If this covers you, then you’ll need to attest to your situation and a substantial loss of income on a form. Forms are to come available via the CDC website.
The order does not waive any rent debt — it just defers it — still leaving many renters vulnerable. And, it still allows landlords to charge fees, penalties, and interest, according to the draft document posted on September 1st.
The executive order covers more renters than the former CARES Act moratorium which only protected those living in housing with a federally backed mortgage loan, public housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, rural rental housing, Section 8 Housing Choice Voucher, USDA housing voucher, or VA voucher. That Act protection expired on July 25, 2020.
The executive order covers more renters than the former CARES Act federal moratorium on evictions which only protected those living in housing with a federally backed mortgage loans, public housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, rural rental housing, Section 8 Housing Choice Voucher, USDA housing voucher, or VA voucher. That Act protection expired on July 25, 2020.
Stay tuned... Congress is currently working on a bill called the CARES Act 2, which could afford more protection for renters if passed.
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If you need some more information, check out some of the resources listed below:
- Oregon State Bar Center
- Oregon Help Law
- Community Alliance of Tenants
- Oregon Housing and Community Services Department and Oregon State Bar
- Legal Aid Services of Oregon
State rules and regulations
Oregon Landlord-Tenant Laws (https://www.oregonlaws.org/ors/chapter/90)
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You probably already know that we’re not a law firm, but just to make sure we get this out of the way: We can’t provide any advice or opinions about possible legal rights, remedies, defenses, options, selection of forms, or strategies. And by hanging out with us here at Roost, you agree to our Legal disclaimer.