Oregon Required Landlord Disclosures
Learn about the disclosures that landlords in Oregon must provide tenants, usually in the lease or rental agreement.
Fees. Landlords' written rules may not provide for tenant fees, except for specified events as they arise, including a late rent payment; tenant's late payment of a utility or service charge; a dishonored check, pursuant to Ore. Rev. Stat. § 30.701(5); failure to clean up pet waste, garbage, and rubbish (outside tenant's dwelling unit); parking violations and improper use of vehicles within the premises; smoking in a designated nonsmoking area; keeping an unauthorized pet capable of inflicting damage on persons or property; and tampering or disabling a smoke detector.
Oregon requires landlords to make the following disclosures to tenants:
Owner or agent identity. Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Ore. Rev. Stat. § 90.305)
Legal proceedings. If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord must disclose that circumstance to the tenant in writing before the execution of the rental agreement:(a) Any outstanding notice of default under a trust deed, mortgage, or contract of sale, or notice of trustee's sale under a trust deed;(b) Any pending suit to foreclose a mortgage, trust deed, or vendor's lien under a contract of sale;(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or(d) Any pending proceeding to foreclose a tax lien.(Ore. Rev. Stat. § 90.310)
Utilities. The landlord must disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that directly benefits the landlord or other tenants. A tenant's payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant's dwelling unit.
A landlord may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant's dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant's dwelling unit. Unless the method of allocating the charges to the tenant is described in the tenant's written rental agreement, the tenant may require that the landlord give the tenant a copy of the provider's bill as a condition of paying the charges. (Ore. Rev. Stat. § 90.315)
Recycling. In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises must notify new tenants at the time of entering into a rental agreement of the opportunity to recycle. (Ore. Rev. Stat. § 90.318)
Smoking policy. Landlord must disclose the smoking policy for the premises, by stating whether smoking is prohibited on the premises, allowed on the entire premises, or allowed in limited areas. If landlord allows smoking in limited areas, the disclosure must identify those areas. (Ore. Rev. Stat. § 90.220)
Carbon monoxide alarm instructions. If rental contains a CO source (a heater, fireplace, appliance, or cooking source that uses coal, kerosene, petroleum products, wood, or other fuels that emit carbon monoxide as a by product of combustion; or an attached garage with an opening that communicates directly with a living space), landlord must install one or more CO monitors and give tenant written instructions for testing the alarm(s), before tenant takes possession. (Ore. Rev. Stat. § 90.316, 90.317)
Flood zone. If a dwelling unit is located in a 100-year flood plain, the landlord must provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. If a landlord fails to provide a notice as required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months' rent. (Ore. Rev. Stat. § 90.228)
Renter's insurance. Landlord may require tenants to maintain liability insurance (certain low-income and subsidized tenancies excepted), but only if only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail, or by posting in a common area or office. The documentation may consist of a current certificate of coverage. Any landlord who requires tenants to obtain renters' insurance must disclose the requirement and amount in writing prior to entering into a new tenancy, and may require the tenant to provide documentation before the tenancy begins. (Ore. Rev. Stat. §90.367)
Homeowner Assessments. If landlord wants to pass on homeowner association assessments that are imposed on anyone moving into or out of the unit, the written rental agreement must include this requirement. Landlord must give tenants a copy of each assessment before charging the tenant. (Ore. Rev. Stat. § 90.302)
Check the Oregon statute (Ore. Rev. Stat. §§ 90.305, 90.310, 90.315, 90.316, 90.317 90.318, 90.220, 90.228, 90.302) for details on these disclosures. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
Also, check your local ordinance, particularly if your rental unit is covered by rent control, for any city or county disclosure requirements. To find yours, check your city or county website (many are listed on State and Local Government on the Net), or contact the office of your mayor, city manager, or county administrator.
Finally, see the Required Landlord Disclosures article for details on federally-required landlord disclosures and other information on disclosures about the rental property.