Oregon's ORS Chapter 90 imposes specific requirements on what must be included in a residential lease and what clauses are prohibited. While oral leases are technically valid for terms under one year, a written agreement is essential for compliance and dispute resolution.

Written vs. Oral Leases

Under Oregon's Statute of Frauds (ORS 41.580), any lease for a term of one year or longer must be in writing to be enforceable. For shorter tenancies, oral agreements are technically valid but exclude the landlord from collecting certain charges, such as late fees, which must be agreed to in writing under ORS 90.260.

Mandatory Lease Provisions

An Oregon residential lease must include:

1. Names and Contact Information: Full legal names of all tenants and the landlord (or property manager).
2. Property Address: The exact address of the rental unit.
3. Rent Amount and Due Date: The amount, acceptable payment methods, and the day of the month rent is due.
4. Security Deposit (ORS 90.300): The exact amount collected. Landlords must return the security deposit or provide an itemized accounting of deductions within 31 days after the tenancy terminates and the tenant delivers possession.
5. Lease Term: Start and end dates (or specification that it is month-to-month).
6. Smoking Policy (ORS 90.220): A written statement specifying whether smoking is prohibited on the premises and, if allowed, the areas where it is permitted.
7. Late Fee Policy: If late fees will be charged, the exact amount, calculation method, and grace period must be clearly stated (ORS 90.260).
8. Carbon Monoxide Alarms (ORS 90.316): If the unit contains a carbon monoxide source (e.g., gas heater, fireplace, attached garage), the landlord must provide functioning CO alarms and written testing/maintenance instructions.
9. Flood Plain Disclosure (ORS 90.228): If the dwelling unit is located in a 100-year flood plain, the landlord must provide notice of this fact in the rental agreement.
10. Shared Utilities (ORS 90.315): If a utility service benefits the landlord or other tenants, the landlord must disclose this in writing at or before the start of the tenancy.

Prohibited Lease Provisions (ORS 90.245)

The following clauses are void and unenforceable in Oregon:

• Waiver of Rights: A tenant cannot agree to waive any right or remedy provided by ORS Chapter 90.
• Confession of Judgment: Clauses permitting a landlord to obtain a judgment without proper proceedings in the Oregon Circuit Court.
• Waiver of Liability: A landlord cannot disclaim liability for personal injury or property damage caused by their own negligence.
• Penalty Clauses: Clauses imposing penalties for lease violations that are disproportionate to the landlord's actual damages.
• Waiver of Right to Jury Trial: Tenants cannot be required to waive their right to a jury trial in an eviction action under ORS 105.105–105.168.

Rent Increase Limits (ORS 90.323 & ORS 90.324)

Oregon law strictly regulates how and when rent can be increased:

• First Year Prohibition: Rent may not be increased during the first 12 months of a tenancy.
• Annual Cap: After the first year, rent increases are limited to the lesser of 10% or 7% plus the Consumer Price Index (CPI). For the 2026 calendar year, the maximum allowable increase is 9.5%.
• Notice Requirement: Landlords must provide at least 90 days' written notice before any rent increase takes effect.
• Exemptions: The cap does not apply if the property's first certificate of occupancy was issued less than 15 years ago or if the unit is regulated as affordable housing.

Tenant Privacy & Data Protection (ORS 90.322 & HB 4123)

• Entry Notice (ORS 90.322): Landlords must provide at least 24 hours' written notice before entering a unit for non-emergencies.
• Data Privacy (HB 4123 - Effective 2026): Landlords are prohibited from disclosing a tenant's confidential information (including SSN, date of birth, banking info, and immigration status) without written consent, except for limited operational purposes (e.g., credit checks, court orders). Violations may result in statutory damages equal to twice the monthly rent.

Best Practices for Oregon Landlords

• Include the Smoking Policy: This is a unique Oregon requirement that many out-of-state landlords miss. Failure to include it violates ORS 90.220.
• Reference Statutory Late Fee Limits: Your late fee clause must comply with ORS 90.260's structured caps. Include the specific calculation method.
• Provide CO Alarm Instructions: Ensure written testing and maintenance instructions are provided at move-in to comply with ORS 90.316.

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