Oregon's disclosure requirements are primarily governed by the Oregon Residential Landlord and Tenant Act (ORS Chapter 90), which operates within the broader framework of the Oregon Revised Statutes, effective since 1859. Landlords must provide a substantial number of disclosures to tenants before and at the start of a tenancy. Failure to make required disclosures can undermine the enforceability of the lease and expose the landlord to statutory damages under ORS 90.305 or other sections.

1. Federal Lead-Based Paint Disclosure

For all properties built before 1978, federal law requires landlords to:

• Disclose known lead-based paint and/or lead-based paint hazards.
• Provide the EPA pamphlet "Protect Your Family From Lead In Your Home."
• Include a signed lead warning statement in the lease agreement.

2. Flood Zone Disclosure (ORS 90.228)

Under ORS 90.228, if a dwelling unit is located in a 100-year flood plain, the landlord must provide notice of this fact in the written rental agreement. A 100-year flood plain is defined by FEMA-designated Special Flood Hazard Areas.

3. Smoking Policy Disclosure (ORS 90.220)

Under ORS 90.220(4), every rental agreement must include a written smoking policy. The policy must specify whether smoking is prohibited or allowed on the premises, and if allowed, where smoking is permitted.

4. Carbon Monoxide Alarm Disclosure (ORS 90.316)

The requirement to provide information about carbon monoxide alarms is governed by ORS 90.316. Landlords must disclose the presence of alarms and the tenant's responsibility to test them. The technical standards for these alarms are found in ORS 105.836 to 105.842. Alarms are required in units with fuel-burning appliances or attached garages.

5. Utility and Service Payments (ORS 90.315)

Under ORS 90.315, the landlord must disclose in writing which party is responsible for each utility or service. If the landlord bills the tenant for shared utilities (e.g., water, electricity), they must provide specific details regarding the billing method and allow the tenant to inspect the master bill.

6. Landlord Identity and Contact Information (ORS 90.305)

Under ORS 90.305, the landlord must disclose the name and address of the person authorized to manage the premises and the person authorized to act as agent for service of process and receipt of notices. If the information changes, the landlord must provide updated details within a reasonable time.

7. Pending Legal Actions and Foreclosure (ORS 90.310)

Under ORS 90.310, if a rental agreement is for a dwelling unit in a premises containing no more than four dwelling units, the landlord must disclose in writing certain legal circumstances to the tenant before the execution of the rental agreement. These circumstances include:

• Any outstanding notice of default under a trust deed, mortgage, or contract of sale, or notice of trustee's sale under a trust deed.
• Any pending suit to foreclose a mortgage, trust deed, or vendor's lien under a contract of sale.
• Any pending declaration of forfeiture or suit for specific performance of a contract of sale.
• Any pending proceeding to foreclose a tax lien.

8. Renter's Liability Insurance (ORS 90.222)

If a landlord requires a tenant to maintain renter's liability insurance, ORS 90.222 mandates that the landlord provide specific written disclosures. This includes the right of the landlord to require proof of insurance and the tenant's potential eligibility for exemptions based on household income.

Best Practices for Oregon Landlords

1. Integrated Disclosure Addendum: Include all state and federal disclosures in a single, comprehensive addendum signed by all adult tenants.
2. Document Delivery: Ensure all disclosures are provided before the tenant signs the lease or pays a non-refundable fee.
3. Record Retention: Maintain copies of all signed disclosures for at least two years after the tenancy terminates.

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