State Reference Guide · West

Oregon
Tenant Rights.

This guide provides a detailed overview of the Residential Landlord and Tenant Act (ORS Chapter 90), which governs most residential rental relationships in the state of Oregon. Oregon is known for having some of the most robust tenant protections in the United States, including the nation's first statewide rent control law.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Oregon?

Tenants in Oregon are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Oregon sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Rent Control and Increases

Unlike many states where rent control is banned or left to cities, Oregon has a statewide cap on rent increases.

The Law
ORS 90.323 and ORS 90.600.
The Cap
Landlords cannot increase rent by more than 7% plus the Consumer Price Index (CPI) for the West Region in any 12-month period. The Oregon Department of Administrative Services announces the maximum allowed increase for the following year every September. (For 2024, the cap is 10.0%).
Exemptions
Properties built within the last 15 years and certain affordable housing programs are exempt from the cap.
Notice Requirements
Landlords must provide at least 90 days' written notice before increasing the rent. Rent cannot be increased during the first year of a month-to-month tenancy.
02
MONEY

Security Deposits

Oregon law is very specific about how deposits must be handled and returned.

The Statute
ORS 90.300.
Maximum Amount
There is no state-mandated "cap" on the amount of a security deposit; however, it must be "reasonable."
The 31-Day Rule
Landlords have 31 days from the date the tenancy ends and the tenant delivers possession to return the deposit.
Itemization
If the landlord keeps any portion of the deposit, they must provide a written, itemized statement accounting for every dollar withheld.
Allowed Deductions
Landlords can only deduct for damages beyond "normal wear and tear" and unpaid rent/fees. They cannot charge for routine carpet cleaning unless the tenant significantly soiled the carpet.
Penalties
If a landlord fails to return the deposit or provide the accounting within 31 days, the tenant may sue for twice the amount wrongfully withheld.
03
NOTICE

Eviction Notices and "Just Cause"

Oregon significantly limits "no-cause" evictions to prevent arbitrary displacement.

The Statute
ORS 90.392 through ORS 90.427.
Just Cause Requirement
After the first year of occupancy (the "safe harbor" period), a landlord can generally only terminate a tenancy for a specific "Just Cause." - Tenant-Based Causes: Nonpayment of rent, lease violations, or criminal activity.Landlord-Based Causes: The landlord intends to demolish the unit, perform major renovations, move themselves or an immediate family member into the unit, or they have sold the unit to a buyer who will live there.
Timelines
Nonpayment: A 10-day notice (or a 13-day notice if mailed) is required. Tenants have the right to pay and stay within that window.Lease Violations: A 30-day "Fix it or Leave" notice. If the tenant fixes the violation (cures) within 14 days, the tenancy continues.No-Cause (First Year Only): 30 days' notice for month-to-month tenants.
Relocation Assistance
In some "landlord-based" terminations, the landlord must pay the tenant one month’s rent as relocation assistance (though small landlords with 4 or fewer units are exempt).
04
NOTICE

Landlord Entry

Tenants have a right to privacy, and landlords cannot enter at will.

The Statute
ORS 90.322.
Notice Period
Landlords must provide at least 24 hours’ notice before entering the premises. The notice must state the time of entry and the reason (e.g., repairs, inspection).
Reasonable Time
Entry must be at a reasonable time.
Exceptions
Emergency: No notice is required if there is an emergency (fire, burst pipe).Agreement: If the tenant and landlord agree to entry for a specific repair within 7 days.
Tenant’s Right to Refuse
A tenant can refuse entry if it is unreasonable, but they cannot unreasonably withhold consent to allow the landlord to inspect or repair.
05
SAFETY

Habitability and Repairs

Landlords are legally required to keep the unit in a "habitable" condition.

The Statute
ORS 90.320 (Habitability) and ORS 90.368 (Repair and Deduct).
Requirements
Units must have waterproof roofs/walls, working plumbing (hot and cold water), adequate heating, electrical lighting/wiring in good working order, and be free of vermin/trash.
Repair and Deduct
If a landlord fails to make a "minor" habitability repair after being notified in writing, the tenant can hire a professional to fix it and deduct the cost from the rent. - Limits: The cost cannot exceed $300 or half the monthly rent, whichever is less.Strict Procedure: The tenant must follow specific notice procedures under ORS 90.368 for this to be legal.
Essential Services
If the landlord fails to provide heat, water, or electricity, the tenant has broader rights to obtain the service themselves or find substitute housing and deduct the cost from rent (ORS 90.365).
06
SAFETY

Retaliation Protections

Oregon protects tenants who assert their legal rights.

The Statute
ORS 90.385.
Protected Activities
A landlord cannot retaliate (evict, raise rent, or decrease services) because a tenant: - Complained to the landlord or a government agency about habitability.Joined or organized a tenants' union.Testified against the landlord in court.
Timing and Evidence
Under ORS 90.385, a landlord is prohibited from taking adverse action against a tenant when that action is taken "after and because" of a protected activity. If a tenant has successfully defended an eviction action in court within the previous six months, the law provides a specific defense for the tenant against subsequent retaliatory actions. For other activities, such as making a formal complaint, the tenant must generally demonstrate that the adverse action was a direct consequence of their protected activity.
07
LEASE

Lease Requirements and Disclosures

The Statute
ORS 90.220 and ORS 90.302.
Written Agreements
If there is a written lease, the landlord must provide the tenant with a copy.
Carbon Monoxide & Smoke Detectors
Landlords must provide working smoke and CO alarms. It is the tenant's responsibility to test them and replace batteries (ORS 90.325).
Flood Zone Disclosure
If the unit is in a 100-year flood plain, it must be disclosed in the lease.
Late Fees
Late fees cannot be charged until the 5th day of the rental period. They must be reasonable and disclosed in the lease (ORS 90.260).
Cities with local protections

These Oregon cities layer extra tenant protections on top of state law: Albany, Aloha, Beaverton, Clackamas, Corvallis, Eugene, Forest Grove, Gresham, Happy Valley, Hillsboro, Independence, Lake Oswego, Lebanon, Mcminnville, Milwaukie, Newberg, Oregon City, Portland, Salem, Tigard, Troutdale, Wilsonville.

Common Questions

Frequently Asked

Security deposit limits in Oregon are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Oregon statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.