Free Oregon Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Oregon Residential Lease Agreement

A Oregon residential lease (also called a Oregon rental agreement) sets the rent, term and house rules for a home rental. An Oregon residential lease agreement is governed by ORS Chapter 90, the Oregon Residential Landlord and Tenant Act — one of the most tenant-protective in the country. Oregon caps annual rent increases statewide, requires 90 days’ notice of any increase, and after the first year of occupancy lets a landlord end a tenancy only for cause or a qualifying landlord reason.

Oregon landlord–tenant law at a glance

Oregon residential lease law summary
Security deposit limit	No statutory cap; can’t be raised during the first year of the tenancyORS 90.300(5)
Deposit return	31 days after the tenancy ends and the tenant delivers possession, with a written accountingORS 90.300(12)–(13)
Late fees	Only after the 4th day of the rental period; must be in the written leaseORS 90.260
Rent increases	None in year one; then 90 days’ notice, once per 12 months, capped at 7% + CPI (max 10%) — 9.5% for 2026ORS 90.323, 90.324
Landlord entry	24 hours’ actual notice, at reasonable timesORS 90.322(1)
Month-to-month termination	Tenant: 30 days. Landlord: 30 days in year one; after that only for cause or a qualifying reasonORS 90.427
Nonpayment eviction notice	10-day notice (served on or after day 8) or 13-day notice (on or after day 5)ORS 90.394(2)
Relocation payment	One month’s rent on a qualifying-reason termination (landlords with 5+ units)ORS 90.427(6)

Security deposits in Oregon

Oregon sets no dollar cap on a security deposit, but it tightly controls what can be deducted and when the money comes back (ORS 90.300). The landlord must give the tenant a receipt for any deposit paid (90.300(2)).

No increase in year one — A landlord can’t require a new or increased deposit during the first year of the tenancy, except where the parties agree to a change such as allowing a pet and the extra deposit relates to that change (90.300(5)).
Allowed deductions — Only amounts reasonably necessary to cover the tenant’s defaults, such as unpaid rent, and to repair damage the tenant caused beyond ordinary wear and tear. Carpet cleaning can be deducted only if done with a machine designed for it, the carpet was cleaned or replaced before the tenancy began, and the written lease provides for the deduction (90.300(7)).
31-day deadline — Within 31 days after the tenancy ends and the tenant delivers possession, the landlord must give a written accounting of any amount claimed and return the balance (90.300(12)–(13)). Note it’s 31 days — not 30.
Last month’s rent — A last-month’s-rent deposit must be applied to the final month when notice is given or the term ends, and any unused portion is refunded on the same 31-day timeline (90.300(9)–(10)).
Penalty — A landlord who fails to return the deposit as required, or withholds any of it in bad faith, owes the tenant twice the amount due (90.300(16)).
Holding deposits (2026) — Under HB 3521 (2025), for deposits received on or after January 1, 2026, a landlord may take a deposit to secure signing a lease only after approving the application and giving the required written disclosures, and must refund it within five business days if the landlord fails to sign or the applicant rejects the unit over material habitability defects (ORS 90.297).

Rent, late fees & Oregon’s rent cap

Oregon caps residential rent increases statewide. Since 2023 (SB 611), the maximum annual increase is 7% plus the annual change in the CPI-U West, but never more than 10%. The state’s Office of Economic Analysis publishes the figure for the next calendar year by September 30: it was 10% for 2025 and is 9.5% for 2026 (ORS 90.324).

First year & frequency — Rent can’t be increased during the first year of the tenancy, and after that no more than once in any 12-month period (ORS 90.323).
90-day notice — Every increase needs at least 90 days’ written notice (7 days for a week-to-week tenancy) stating the amount of the increase, the new rent, the effective date, and the facts supporting any claimed exemption (90.323).
Exemptions — The cap doesn’t apply to a unit whose certificate of occupancy was issued less than 15 years before the notice date, or to certain regulated affordable housing (90.323). The notice and once-a-year rules still apply.
Penalty — Raising rent above the cap makes the landlord liable for three months’ rent plus the tenant’s actual damages (90.323).
Late fees — A late charge can be imposed only if rent isn’t received by the fourth day of the rental period, and only if the written lease states the fee, its type and amount, and the rent due date. It can be a reasonable flat fee once per period; a daily fee starting day 5 of no more than 6% of a reasonable flat fee; or 5% of the periodic rent for each succeeding five-day period. A landlord can’t deduct an old late fee from a current rent payment (ORS 90.260).
Screening fees — An applicant screening charge can’t exceed the landlord’s average actual cost of screening (or the customary amount charged by screening companies), requires written screening criteria first, may be charged only once per 60 days, and must be refunded within 30 days if no screening is done. Violations cost twice the fee plus $250 (ORS 90.295).

Landlord entry & access

Except in an emergency, an Oregon landlord must give at least 24 hours’ actual notice of the intent to enter, and may enter only at reasonable times (ORS 90.322(1)(f)). In a genuine emergency the landlord may enter at any time without notice or consent (90.322(1)(b)). A written agreement that the landlord provides yard maintenance can allow entry for that purpose at reasonable times without notice (90.322(1)(e)).

Unlawful entry or using access to harass the tenant lets the tenant recover actual damages of not less than one month’s rent (one week’s rent for a week-to-week tenancy) (90.322(8)).

Ending an Oregon tenancy

Oregon’s termination rules change at the one-year mark. During the first year of occupancy either side can end a month-to-month tenancy on 30 days’ written notice. After the first year, the tenant can still leave on 30 days’ notice, but the landlord may terminate only for a tenant cause or a qualifying landlord reason — notice alone is no longer enough (ORS 90.427(3)).

Notice to end an Oregon tenancy (ORS 90.427)
Week-to-week (either party)	10 days
Month-to-month — tenant, any time	30 days
Month-to-month — landlord, first year	30 days, no cause needed
Landlord after year one — qualifying landlord reason	90 days, plus one month’s rent (landlords with 5+ units)
Landlord after year one — owner lives on a property of 2 units or fewer	60 days without cause (30 days on a sale to a buyer who will live there)

Qualifying landlord reasons — Demolition or conversion to non-residential use; repairs that make the unit unsafe to occupy; the landlord or an immediate family member moving in as a primary residence; or an accepted offer from a buyer who will live there (90.427(5)). Since SB 586 (2025), a sale to an owner-occupant can instead be done on 60 days’ notice if the landlord pays one month’s rent.
Fixed-term leases — After the first year, a fixed-term lease becomes month-to-month at expiration unless the landlord has a qualifying reason or the parties agree otherwise (90.427(4)). For leases entered on or after January 1, 2026, a tenant who receives a 90-day qualifying-reason notice may leave early on 30 days’ notice without owing rent after returning possession (HB 2134, 2025).
Nonpayment of rent — A 10-day notice served no sooner than the 8th day of the rental period, or a 13-day notice served no sooner than the 5th day, stating the amount owed and the deadline to pay (ORS 90.394(2)–(3)).
Lease violations — A 30-day notice with stated cause; if the violation can be cured, the tenant gets at least 14 days to fix it (ORS 90.392).
Survivors of violence — A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking may end the lease on 14 days’ written notice with qualifying verification, with no liability for rent after the release date and no termination fee (ORS 90.453).

Required disclosures in Oregon

Owner / manager identity — At or before the start of the tenancy, the names and addresses of the property manager and of an owner or agent for service of process and notices (ORS 90.305).
Smoking policy — The lease must state whether smoking is prohibited, allowed everywhere, or allowed in limited areas — and identify those areas (ORS 90.220).
Flood plain — A unit in a 100-year flood plain must be disclosed in the rental agreement; otherwise a tenant with an uninsured flood loss can recover the lesser of actual damages or two months’ rent (ORS 90.228).
Foreclosure & default — For properties of four or fewer units, the landlord must disclose before signing any outstanding notice of default or trustee’s sale, pending foreclosure, or tax-lien foreclosure (ORS 90.310).
Screening criteria — Written screening criteria and the screening-fee details must be given before any applicant screening charge is collected (ORS 90.295).
Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

An Oregon landlord must keep the unit habitable at all times under ORS 90.320(1) — including effective weatherproofing, working plumbing with safe hot and cold running water, adequate heating, code-compliant electrical wiring, premises free of rubbish, rodents and vermin, a working smoke alarm, a carbon monoxide alarm where there is a CO source, and working locks on entry doors and latches on windows. In buildings whose construction permits were issued on or after April 1, 2024, the landlord must also provide working cooling in at least one room other than a bathroom (90.320(1)(m)).

A 2025 amendment (HB 3378, effective January 1, 2026) adds that if a phone app is used to unlock the unit, the landlord must also offer a way in that doesn’t require a phone, such as a key or fob.

Tenant protections you can’t waive

Prohibited lease terms — A lease can’t waive Chapter 90 rights, authorize a confession of judgment, exculpate anyone from liability for their own misconduct or negligence, or impose liquidated damages beyond the fees ORS 90.302 allows. Deliberately using and trying to enforce such a clause can cost up to three months’ rent plus actual damages (ORS 90.245).
No lockouts — Excluding a tenant or cutting essential services exposes the landlord to up to two months’ rent or twice actual damages, whichever is greater (ORS 90.375).
No retaliation — A landlord can’t raise rent, cut services or terminate because a tenant complained to a government agency or the landlord, joined a tenants’ organization, or exercised Chapter 90 rights (ORS 90.385).
Rent cap & just cause — The rent cap (ORS 90.323) and the after-first-year termination limits (ORS 90.427) apply regardless of anything the lease says.

Oregon lease agreement FAQs

What is the maximum rent increase in Oregon for 2026?

9.5%. The cap is recalculated every year as 7% plus the annual change in the CPI-U West, but never more than 10%; the Office of Economic Analysis publishes the next year’s figure by September 30. Units whose certificate of occupancy is less than 15 years old are exempt from the cap (ORS 90.323, 90.324).

How much notice is required to raise rent in Oregon?

At least 90 days’ written notice (7 days for week-to-week), and no increase at all during the first year of the tenancy or more than once in any 12 months. The notice must state the amount, the new rent, the effective date and any exemption relied on (ORS 90.323).

How much can a landlord charge for a security deposit in Oregon?

Oregon has no statutory cap. The landlord can’t add or increase a deposit during the first year of the tenancy (except for an agreed change like adding a pet), and must give a receipt (ORS 90.300).

How long does an Oregon landlord have to return a security deposit?

31 days after the tenancy ends and the tenant delivers possession, with a written accounting of anything withheld. Failing to return it as required, or withholding it in bad faith, costs the landlord twice the amount due (ORS 90.300(12)–(16)).

Can an Oregon landlord end a lease without cause?

Only during the first year of occupancy, on 30 days’ written notice. After the first year, the landlord needs a tenant cause or a qualifying landlord reason (demolition, major repairs, owner or family move-in, or sale to an owner-occupant) with 90 days’ notice and, for landlords with five or more units, one month’s rent as relocation assistance. Owners living on a property of two units or fewer have a narrower 60-day exception (ORS 90.427).

What late fee can an Oregon landlord charge?

Only after rent is unpaid through the fourth day of the rental period, and only as stated in the written lease: a reasonable flat fee, a daily fee capped at 6% of a reasonable flat fee, or 5% of the rent for each succeeding five-day period (ORS 90.260).

How much notice does an Oregon landlord need to enter?

At least 24 hours’ actual notice, and entry only at reasonable times, except in an emergency (ORS 90.322). An unlawful or harassing entry lets the tenant recover at least one month’s rent in damages.

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