If the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated lawful demands that unreasonably harass the tenant, the tenant may obtain a court order or end the rental agreement. The rules on how and when landlords can terminate depend on the type of tenancy. Actual costs may include the cost of using a tenant screening company or a consumer credit reporting agency, and may. The information provided here does not cover every situation and should not be used as a. Background brief on landlordlandlordtenant law governs the rental of commercial and residential property. Landlord and tenant laws of oregon a small booklet not only for attorneys but also a handy source for landlords, tenants and business owners or managers. A landlords access to your home community alliance of tenants. The following information is provided by the american apartment owners association as a guide to landlord tenant laws. Tenant cannot now claim to have thought that tenants property was somehow protected by a policy of insurance held by the landlord. A booklet that provides information about oregon landlord tenant law issues.
In medford, ashland and surrounding cities and oregon counties, the lawyer who helps you to know your rights and responsibilities and can counsel or advocate toward a solution of your landlordtenant legal issue is jeffrey w. There is a oneyear statute of limitations on all claims brought under the oregon residential landlord and tenant act. He knows how landlords, property management companies, and their corporate defense attorneys and insurers work. Hud handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Landlord tenant law governs a lot between the relationship between rental owners and their customers, but how many know that there are state and federal laws that pose legal requirements on their conduct with tenants. We will always provide free access to the current law. Although oregon law does not require it, many landlords provide these checklists to tenants at the beginning of their tenancy. Sep 10, 2015 download article pdf here download sb390 pdf here. Oregon notice requirements to terminate a monthtomonth tenancy. Ojd iforms are currently available for the following case types. Prior to the civil rights movement of the 1960s, residential landlordtenant relationships were governed primarily by common law and court decisions. Read the portland landlord tenant law section of this guide to learn more about the licensing process.
Its important to know that even if the landlord wins an eviction lawsuit they cannot remove the tenant from a rental, law enforcement must. Termination by tenant who is victim of domestic violence, sexual assault or stalking 90. This publication includes laws relating to hotels and motels, temporary and transitional housing and farm labor housing. If you just want to browse, oregon s landlord tenant laws are found in the oregon revised statutes sections 90. Landlord and tenant act required you to make these specific repairs within seven days from the date of this letter add three days if mailed. Do the landlord and tenant laws protect people who are living in a hotel or. Or landlord tenant law does not allow landlords to initiate a self help eviction by changing a tenants locks, shutting off utilities, or removing a tenants belongings from their home. Termination of tenant committing criminal act of physical violence 90. The best tools and resources for landlords, property managers, and renters in portland, oregon.
Chapter 91 tenancy creation and termination of tenancies. Ors chapter 90 residential landlord and tenant 2017. Dec 22, 2019 if a tenant fails to pay rent or breaks a provision of the lease, oregon landlord tenant law allows the landlord to begin eviction proceedings in court. Before you take any action, it is important that you speak with somebody with a solid understanding of oregons residential landlord tenant act. The videos landlordtenant overview and resources, oregons new rent control.
Landlord tenant laws and the oregon state bar on landlord tenant law have been included for your convenience. Family cases divorce, children, separation, parenting plan. In addition to accessing state laws via nolo s website, oregon statutes are available in many public libraries and in most law libraries that are open to the public typically found in a county courthouse or at the. On june 15, 2015, oregon governor kate brown signed sb 390 into law. The residential landlord tenant act hereinafter referred to as the act went into effect on october 5, 1973. This guide will teach you the basics of landlord and tenant responsibilities according to or landlord tenant law. If you already live in oregon or are thinking of moving there, you should familiarize yourself with the oregon landlord tenant laws.
Troy founded portland defender in 2010, and for nearly a decade, the firm has been dedicated to ensuring that oregon tenants get fair treatment. This guide is designed to be a starting point for your questions about tenants rights in oregon. In oregon, the procedure for terminating a monthtomonth tenancy depends on how long the tenant has resided in the rental and whether or not the landlord has cause to terminate. Oregon eviction laws for landlords and tenants youtube. I have a client property owner who wants to list their rental property with me for sale and it is occupied by a tenant under a rental agreement.
I have a roommate that wont pay his rent, using the corona virus as a excuse. Lock outs oregon landlords may not lock tenants out for any reason, the only exception being if one tenant is violent toward another tenant. This article summarizes the oregon landlord tenant laws applicable to residential rental units. In addition, we provide special support for nonprofit, educational, and government users. To sue your landlord for claims under this act, you must file those claims in court within one year after you have been damaged. This contract has certain basic conditions set by law that you should understand before you enter into this type of agreement. Rental agreements, fees, deposits, rent, discrimination, repairs. Civil law, or common law, is generally used to help private citizens, such as landlords and renters, resolve disputes or collect for damages done by the other party. The oregon state bar provides general legal information regarding landlord and tenant law. Home state information oregon rental help tenant rights, laws and protections.
A tenancy is deemed to exist under this chapter and ors 105. Oregon is one of the states that has wholly adopted the uniform residential landlord and tenant act. Oregon landlord tenant law spells out specific responsibilities for renters and property owners, as well as rights for both parties. A guide for landlords and tenants multnomah county. Rental agreements, fees, deposits, rent, discrimination, repairs, eviction, and getting your things back when you move. Use this overview of key oregon landlordtenant law as a starting point, and, if youre left with questions about how to handle your specific legal matter, consider contacting a local landlordtenant attorney for assistance. Chapter 90 of the oregon revised statutes focuses on landlordtenant law.
Jan 01, 2020 the landlord must provide the applicant with a receipt for any applicant screening charge. Furthermore, it is unlawful for landlords to change the. Troy pickard of portland defender handles all types of landlord tenant cases for tenants. Landlordtenant rights in oregon legal series haas, janay ann haas on. Landlordtenant law can be extremely complex, depending on the disagreement. This presentation is designed for nonlawyers, both landlords and tenants, and explains key legal changes that affect oregonians who live in. The 10th edition of the renters handbook paraphrases and elaborates on the oregon residential landlord tenant act ors 90. Oregon state residential landlord and tenant act ors 90.
Once again, tenants and landlords have come together with the legislature to update the oregon landlord tenant act. Chapter 90 of the oregon revised statutes focuses on landlord tenant law. Through social entrepreneurship, were lowering the cost of legal services and increasing citizen access. An updated version of the act was approved in july 2015, much of which has either been adopted into oregon law or is pending. Oregon landlord tenant law tenant screening, landlord forms. A booklet that provides information about oregon landlordtenant law issues. If nonessential service the oregon residential and landlord tenant act requires you to make these specific repairs within 30 days from the date of this letter add three days if mailed. It is not a substitute for the advice of an attorney. The publication includes select laws relating to the residential landlord and tenant act, hotels and motels, temporary and transitional housing, and farm labor housing. For additional local resources, you can also contact a housing counseling agency. With that said, landlord tenant laws are always changing, and may even vary from county to county. Aug 26, 2014 the state landlord tenant law summaries are the most popular pages on landlordology. There are many times when animosity and misunderstanding arise between landlords and tenants.
Multifamily nw is an information and education resource for oregon landlord tenant law, fair housing, property management best practices and maintenance technician skills. However, the city of portland and multnomah county require landlords to get a business license before renting their property. Landlords may terminate a monthtomonth tenancy without cause only during the first year of occupancy. As a landlord, you have the right to receive rent for the use of your property. Portland defender renters rights and criminal defense lawyer. Rental laws are amended and updated by state legislation, you are advised to speak with a local housing authority and licensed attorney that specializes in landlord tenant. Oregon termination of tenancies law landlord tenant. Jan 01, 2016 the violation concerns the tenant s failure to pay money owed to the landlord for damage to the premises, damage to any other structure located upon the grounds, utility charges, fees or deposits and, following the violation but prior to the acceptance of rent for three rental period or performance as described in subsection 2 of this section. Learn about state and local laws, and get free training. The tenant can recover damages amounting to no less than one months rent. Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual. Under this law, a landlord or homeowners association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling. In some of the answer sections of this booklet you will see references to ors, which stands for oregon revised statutes.
Oregon landlord tenant law we rented a house from my husbands uncle. Mar 27, 20 landlordtenant law can be highly technical. Notifies tenant that tenant is responsible for his own insurance, and that landlord will pay damages for nothing that is not the legal fault of the landlord or his agents. When you rent a house or apartment to another person, you enter into a legal contract known as a landlord tenant relationship. Residential landlord and tenant oregon revised statutes. In some of the answer sections of this booklet you will see references to ors. The amount of notice required changes based on the type of eviction and the length of the lease. The pamphlet new rules for landlords is available to download in the. The information provided here does not cover every situation and should not be used as a substitute for specific legal advice. By tia politi, oregon rental housing association secretary february 19, 2020. The information in this booklet is accurate as of november, 1993. Oregon landlord tenant law does not require landlords to get a license before renting their property.