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, any lease for a term of one year or longer must be in writing. For shorter tenancies, oral agreements are enforceable but extremely risky for both parties.

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 Amount: The exact amount collected.
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, and if allowed, 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.
8. Landlord's Right of Entry: Notice requirements must reference the statutory standards.

Prohibited Lease Provisions

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 court proceedings.
• 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.

First-Year Rent Increase Prohibition

The lease should clearly state that rent will not be increased during the first 12 months of the tenancy, consistent with Oregon's rent control law.

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.

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