Oregon Residential Lease Agreement
What Oregon law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Oregon lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Oregon rules your lease has to live with
Beyond the deposit, Oregon law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Oregon requires at least 24 hours’ notice before a non-emergency entry. — ORS 90.322(1)(f) (current as of Jan. 1, 2023) ↗
- Late fees. Only if rent unpaid by the 4th day and written agreement specifies charge: (a) reasonable flat amount once per period; (b) per-day charge from day 5 ≤6% of that flat amount; or (c) 5% of rent per 5-day delinquent period. — ORS 90.260(1)-(2) (current as of Jan. 1, 2023) ↗
- Rent increases. Written notice at least 90 days before the effective date (non-week-to-week tenancies); increase capped at the maximum calculated under ORS 90.324(1) unless exempt. — ORS 90.323(2) [2016 c.53 §2; 2019 c.1 §2; 2021 c.252 §1; 2023 c.226 §4] ↗
- Repair and deduct. Allowed for 'minor habitability defects' (repairable for ≤$300; excludes mold, radon, asbestos, lead paint) after written notice giving landlord at least 7 days; deduction capped at $300. — ORS 90.368 (current as of Jan. 1, 2023) ↗
- Habitability. Oregon law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — ORS 90.320(1) (current as of Jan. 1, 2023) ↗
Each point links to the Oregon source it was taken from. Rules change; confirm before relying on them.
What Oregon law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 31 days after move-out
- Notice to end month-to-month
- 30 days
Source: Or. Rev. Stat. §90.300 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 31 days after move-out? Ask for it in writing with a Oregon security deposit demand letter; if that doesn’t work, the usual next step is Oregon small claims court.
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Required disclosures in Oregon
What Oregon law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Manager and owner/agent name and address
Written disclosure at or before tenancy of the person authorized to manage the premises and an owner or agent authorized for service of process and notices.
Source: ORS 90.305(1)
100-year flood plain notice
If the unit is in a 100-year flood plain, the rental agreement must state so; failure exposes landlord to lesser of actual uninsured flood loss or two months' rent.
Source: ORS 90.228(2)-(3)
Smoking policy disclosure
Rental agreement must include a disclosure of the smoking policy for the premises complying with ORS 479.305.
Source: ORS 90.220(4)
Fees described in written rental agreement
Any fee the landlord charges must be described in the written rental agreement.
Source: ORS 90.302(1)
Frequently asked questions
How much security deposit can a landlord charge in Oregon?
Oregon does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 31 days after you move out (as of 2026). Source: Or. Rev. Stat. §90.300.
Is this lease valid in Oregon?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Oregon once both sides sign. What it cannot do is contract around Oregon law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Oregon?
Oregon requires at least 24 hours' notice for a non-emergency entry. Source: ORS 90.322(1)(f) (current as of Jan. 1, 2023).
Can a landlord charge late fees in Oregon?
Only if rent unpaid by the 4th day and written agreement specifies charge: (a) reasonable flat amount once per period; (b) per-day charge from day 5 ≤6% of that flat amount; or (c) 5% of rent per 5-day delinquent period. Source: ORS 90.260(1)-(2) (current as of Jan. 1, 2023).
Can a tenant repair and deduct rent in Oregon?
Allowed for 'minor habitability defects' (repairable for ≤$300; excludes mold, radon, asbestos, lead paint) after written notice giving landlord at least 7 days; deduction capped at $300. Source: ORS 90.368 (current as of Jan. 1, 2023).
What does a landlord have to disclose in Oregon?
Under Oregon law: Manager and owner/agent name and address (ORS 90.305(1)); 100-year flood plain notice (ORS 90.228(2)-(3)); Smoking policy disclosure (ORS 90.220(4)); Fees described in written rental agreement (ORS 90.302(1)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Oregon compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Oregon compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Oregon: Or. Rev. Stat. §90.300 ↗.
- Oregon is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 31 days — above the national median of 30 days across the 51 states with a statutory rule.
Ranked #11 of 51 states — higher means more time for the landlord to return the deposit.
No other state uses exactly this figure.
Deposit return deadline in neighboring states — California (21 days), Idaho (21 days), Nevada (30 days), Washington (30 days). Oregon's 31 days is the longest among its neighbors.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — California (30 days), Idaho (30 days), Nevada (30 days), Washington (20 days).
The rest of what Oregon requires
The figures below are Oregon's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Oregon page for that document.
- Notice for unpaid rent · as of 2026
- 10 days to pay or quit Or. Rev. Stat. § 90.394; § 90.392; § 90.427 ↗
- Notice to cure a lease violation · as of 2026
- 30 days Or. Rev. Stat. § 90.394; § 90.392; § 90.427 ↗
- Small claims limit · as of 2026
- $10,000 ORS 46.405, 46.415(4) (circuit court); ORS 55.011, 55.090 (justice court) ↗
- Where you file · as of 2026
- Small Claims Department of Circuit Court (or Justice Court) · filing fee Circuit court: $57 for claims of $2,500 or less, $102 for claims over $2,500 (ORS 46.570; defendant pays the same to demand a hearing). Justice court small claims fees are set separately and vary by court. ORS 46.405, 46.415(4) (circuit court); ORS 55.011, 55.090 (justice court) ↗
- Rental application fee · as of July 2026
- Limited to the actual cost of screening Oregon Legislature ↗
- Bill of sale notarization · as of 2026
- Not required Oregon DMV (Form 735-501) ↗
- Power of attorney signing · as of 2026
- Notarization recommended Or. Rev. Stat. §127.005 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules ORS 63.001 (definition); ORS 63.057 (operating agreement optional) ↗
- Recording a deed · as of 2026
- County Clerk (county recording officer) · no witnesses ORS 93.410 ↗
Lease agreement in other states
More Oregon legal forms
Different state? See lease agreements by state →