Oregon rental/lease agreements

 You can create a rental contract between a property owner and a lessee to lease premises using the Oregon rental and lease agreement. The property may be residential or commercial in nature which will determine the type of lease agreement used. The lessor normally uses a rental application to verify the employment status and background information of the potential lessee. After both parties sign the contract, it becomes legally binding. 

Oregon rental/lease agreement templates

Oregon rental/lease agreements

There are 6 basic types of Oregon lease agreements:

Commercial Rental Lease Agreement – This is a complex type of lease agreement used to lease commercial properties to businesses or the owners of businesses. It is highly negotiable but it also burdens the tenant with more responsibilities.  

Monthly Rental lease Agreement (§ 91.070) – This is a type of tenancy that may be canceled by either party and requires the provision of a minimum of thirty days' notice.

Rent-to-Own Rental Agreement – This rental/lease agreement is created with an option for the tenant to purchase the property at a later date if certain conditions are met. These conditions vary based on the negotiations between the tenant and the landlord. 

Roommate Lease Agreement – This is used for creating an accord for the roommates of a shared housing unit who together make use of common areas like the bathroom, kitchen, etc.

Standard Residential Rental Contract –  A typical residential agreement with a fixed term typically lasting for one year.

Sublease Rental Contract – A type of tenancy that has a lessee bringing in a new tenant to occupy their space for the remainder of the contract lease. Also available are two sublease options; a commercial sublease and a residential sublease. This arrangement may require the consent of the property owner.

Eleven disclosure requirements

Authorized Persons (§ 90.305) –  A property owner is required to state in the agreement before the start of the tenancy, the persons (and their occupation) that are allowed access to the premises. e.g, agents, and managers.

Carbon Monoxide Alarm Systems (§ 90.316) – If there’s a source of carbon monoxide in the dwelling due to a heater, or any other carbon-emitting machine, the lessor is required to retrofit the dwelling with carbon monoxide alarm systems under the State Fire Marshal’s regulations (See Guide). Furthermore, if the alarm systems are battery-powered, the lessor is required to supply new batteries at the commencement of occupancy.

Flood Plain (§ 90.228) – If the property is situated around the 100-year Flood Plain, the lessor is required to inform the occupants. 

Lead-Based Paint Information – This applies to landlords who own buildings constructed before the year 1978 to provide notice to the lessees of the possible existence of this paint inside the dwelling.

Move-in Checklist (§ 30.01.087(D)(1)) (Only for Portland) – The lessor is required to provide a move-in checklist to the occupant who has seven days from the start of the rental agreement to fill it. If the occupant fails to tender a completed checklist in the allotted time, the lessor will be required to take photographs and fill the checklist within seventeen days and send it back to the occupant. 

Non-sufficient fund (§ 30.701) – If a lessor charges a fee for the lessee’s failed check, the amount has to be recorded but must not exceed thirty-five dollars.

Pending Cases (§ 90.310) – If the building has four or fewer dwelling units then the lessor is required to notify the occupant of the following, where it applies:

  • Pending notification of default under a deed of trust, mortgage, or notification of trustees sale under a deed of trust;

  • Outstanding cases of foreclosure, deed of trust, or vendor lien under a sales contract;

  • Outstanding forfeitures or cases for specific performance of a contract of sale; or

  • Property foreclosure due to a tax lien.

Recycling (§ 90.318) – For multi-family housing units of five apartments and more situated inside an Urban Growth Boundary, the lessor is required to give instructions to the lessees on recycling their waste.

Security Deposit Receipt (§ 30.01.087(B)(1)) (Only For Portland) – The lessor is required to provide a receipt on the collection of deposits, within two weeks after reception of funds The receipt is required to detail the name and location of the financial institution that has the funds.

Smoking Policy (§ 90.220) – Lessors are required to inform occupants of policies regarding smoking on the property. Both parties are required to sign this document.   

Service Fees (§ 90.315) – Any fees for maintenance or servicing the property that benefits the lessor or occupants that the lessee is required to pay should be outlined in the contract.

Access to property

The lessor is required to provide a minimum of twenty-four hours' notification to the occupant before accessing the premises for repairs or maintenance reasons according to § 90.322.

Money deposited as security

Maximum – No limit. But in Portland (§ 30.01.087(A)(1)) lessors are allowed to demand only 50% of the monthly rent.

Returning (§ 90.300) – The lessor is required to return all funds within thirty-one days.

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