Oregon requires landlords to 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 legal liability.

1. Federal Lead-Based Paint Disclosure

For all properties built before 1978, landlords must:

• 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.

2. Flood Zone Disclosure

Under federal law and specific local ordinances, if the property is located in a 100-year flood plain (a FEMA-designated Special Flood Hazard Area), the landlord must disclose this fact to the tenant in writing before the lease is signed.

3. Mold Disclosure

Oregon requires landlords to provide tenants with information about mold at the start of the tenancy. Under ORS 90.302, this mold disclosure must be in the form prescribed by the Oregon Health Authority. This typically includes explaining that mold can occur in residential properties, ways to prevent it, and the tenant's obligation to report moisture problems promptly.

4. Carbon Monoxide Alarm Disclosure

The requirement to install and maintain carbon monoxide alarms is governed by ORS 105.836 to 105.842. While there is not a specific standalone disclosure statute under ORS Chapter 90, the disclosure of alarm locations and maintenance responsibilities is typically integrated into the rental agreement under general habitability standards. Oregon law requires CO alarms in every dwelling unit that has a fuel-burning appliance or an attached garage.

5. Smoking Policy Disclosure

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

6. Landlord Identity and Contact Information

The landlord must disclose the name, address, and telephone number of the property owner and any property manager. If the owner does not reside in Oregon, they must designate a person within the state to act as an agent for service of process.

7. Foreclosure Status

Under ORS 90.228, if the property is in foreclosure or subject to a notice of pending suit for foreclosure, the landlord must disclose this fact to any prospective tenant before the lease is signed. Concealing a pending foreclosure is a violation of this statute.

8. Utility Arrangements

The landlord must disclose how utilities are metered and billed, particularly if any utilities are shared among multiple units.

Best Practices for Oregon Landlords

1. Use a Comprehensive Disclosure Packet: Create a standardized packet that includes all required disclosure forms (lead paint, mold, flood zone, smoking policy, CO alarms) and have the tenant sign each form before move-in.
2. Keep Signed Copies on File: Retain all signed disclosure forms for the duration of the tenancy and for at least two years after the tenancy ends.

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