A property manager in Portland sends a “no-cause” termination on month thirteen of a tenancy, with a 30-day notice, on a unit she’d been told the owner wanted to “free up.” The tenant files an answer citing ORS 90.427. The judge dismisses on the first appearance — after the first year, no-cause non-renewals are no longer available, and a “qualifying landlord reason” notice would have needed 90 days plus one month’s rent in relocation assistance. The owner now owes three months’ rent in statutory damages plus the tenant’s attorney fees.
A landlord in Bend lists a renovated bungalow on Airbnb without checking the city’s STR ordinance. The application is rejected because another permitted STR sits 312 feet away — inside the 500-foot density buffer for Type II permits — and the property is not owner-occupied. The application fee is non-refundable.
A small-portfolio owner in Eugene hands a tenant a $2,400 deposit refund letter forty-five days after move-out with “damages, $1,200” written across one line. The tenant files in small claims. The judge finds the landlord acted willfully because the deductions had no itemized basis. Two times the wrongfully withheld amount, plus court costs and attorney fees.
These are the three flavors of expensive Oregon landlord mistakes: notice frameworks ignored, city rules unread, and statutory windows missed by a week. This guide is the reference for avoiding them. It covers the Oregon Residential Landlord and Tenant Act, the FED court eviction process, the statewide rent stabilization framework, Portland’s FAIR Ordinance, the city-by-city STR ordinances in Portland, Bend, Hood River, and the coast, wildfire-map developments under SB 83, and the small handful of OR-specific quirks that nobody warns you about until after the judgment.
State guide · 2026 edition · ~19 min readThis is a practical reference, not legal advice. Statutes change. Local ordinances vary. Before you rely on any rule here for an actual filing, confirm the current text at oregonlegislature.gov and run material decisions past an Oregon-licensed attorney.
The framework: ORLTA (ORS Chapter 90)
Oregon governs residential leases under the Oregon Residential Landlord and Tenant Act, ORS Chapter 90 — sometimes referred to as “ORLTA.” It originated from the Uniform Residential Landlord and Tenant Act, but Oregon has substantially rewritten the framework over the past decade and a half. The result is one of the most tenant-protective residential frameworks in the country, with statewide rent control, statewide just-cause termination, and statewide source-of-income protection.
The Act applies to virtually every residential lease in the state. The exclusions in ORS 90.110 are the part to memorize because they’re the part that gets misapplied:
| Excluded from ORLTA | What it means in practice |
|---|---|
| Transient occupancy at a hotel, motel, or similar lodging | Vacation rentals run under separate rules |
| Occupancy under a contract of sale | Land-contract / contract-for-deed purchasers |
| Occupancy by a member of a fraternal or social organization | Lodge / Greek-house residents |
| Occupancy in a hospital, nursing home, residential care | Care-facility tenancies covered by separate statutes |
| Occupancy by an employee whose right depends on employment | Resident-manager apartments, on-site staff housing |
| Occupancy in a religious or charitable institution | Faith-based shelters |
| Owner-occupant of an owner-occupied unit | The owner of a duplex/triplex living in one unit is excluded as the owner, but the tenants of the other units are covered |
| Co-op proprietary lessee occupying their share | Cooperative occupancy by member-owners |
| Vacation occupancy not exceeding 45 days | Limited-stay vacation arrangements |
Two notes that catch out-of-state owners:
- The “transient occupancy” carve-out is narrower than it sounds. Stays under 30 days at a hotel-like facility are exempt; longer-term arrangements at the same property generally bring you back into ORLTA.
- Owner-occupied small buildings are NOT broadly exempt. Unlike SC or the original URLTA, Oregon does not have a blanket exemption for owner-occupied 2–4 unit buildings. If you live in a duplex and rent the other side, the tenant is under ORLTA. The only person excluded is the owner-resident.
The statutory map worth bookmarking:
- ORS 90.155: Service of notice (mail = +3 days)
- ORS 90.220: Rental agreement terms; smoking policy disclosure
- ORS 90.228: 100-year flood plain disclosure
- ORS 90.260: Late fees & 4-day grace period
- ORS 90.295: Application screening charges
- ORS 90.300: Security deposits & prepaid rent
- ORS 90.302: Permitted fees
- ORS 90.303: Screening criteria & evaluation
- ORS 90.305: Required owner/agent disclosure
- ORS 90.316 / 90.317: Carbon monoxide alarms
- ORS 90.320: Habitability
- ORS 90.322: Right of entry
- ORS 90.323: Rent stabilization (the cap statute)
- ORS 90.368: Repair and deduct (minor habitability defects)
- ORS 90.375: Self-help eviction prohibited
- ORS 90.385: Retaliation
- ORS 90.392: Termination for tenant cause
- ORS 90.394: Nonpayment of rent notice (10-day / 13-day)
- ORS 90.395: Required rental-assistance notice before nonpayment termination
- ORS 90.396: 24-hour notice for outrageous conduct, violence, drugs
- ORS 90.427: Termination without tenant cause (the just-cause statute)
- ORS 90.453: Domestic-violence victim release
- ORS 90.505–90.850: Manufactured home parks & marinas
Bookmark oregonlegislature.gov/bills_laws/ors/ors090.html. Read the section before you act on what a summary says — Oregon’s statute is amended almost every session, and outdated guidance is the highest-frequency cause of eviction dismissals.
Security deposits: no cap, 31 days, 2× damages
Oregon has no cap on the deposit amount, but the return rules and the penalty for getting them wrong are some of the strictest in the country.
How much you can collect
No statutory cap. Market practice in Oregon is one month’s rent on a clean tenant profile, 1.5–2 months on thinner ones. Portland and Bend rent floors mean deposit dollars get large quickly. The statute lets you collect more — but see the screening rules below; the deposit cannot be used to screen out protected-class applicants in practice.
Where you hold it
ORS 90.300 does not require a separate escrow account for individual landlords or require interest payment. Licensed property managers under ORS Chapter 696 must hold all trust monies (rent, deposits) in a designated clients’ trust account under ORS 696.241 / 696.245, and the Oregon Real Estate Agency audits these. Best practice for owner-landlords is the same: hold deposits in a separate account, even though you are not required to. The day you need to prove what was set aside, the bank statement does it for you in a sentence.
Last month’s rent vs. security deposit — separate accountings
ORS 90.300 treats “last month’s rent deposit” as a category of security deposit, but the law requires separate accountings. If you collect both:
- The last month’s rent deposit applies only to rent for the last month of the tenancy.
- The security deposit can be applied to damages and unpaid rent at move-out.
- You must give the tenant a separate written accounting for each at move-out.
Combining them into a single “damages and rent, $X” line on the disposition letter is exactly the documented path to a 2× damages award.
The 31-day clock
ORS 90.300 requires the landlord to return the deposit with an itemized written accounting of any deductions within 31 days of:
- termination of the tenancy, AND
- delivery of possession.
If keys come back on June 1, the disposition letter and refund must be in the mail by July 2. The clock does not wait for a tenant demand (unlike some other states); it starts on possession back.
Itemization that holds up
You may deduct only for:
- Unpaid rent (subject to the separate-accounting rule above)
- Damages from the tenant’s breach of ORS 90.325 (tenant duties)
- Other costs the rental agreement permits AND the deposit was specifically designated to cover
Normal wear and tear is not chargeable. For the mechanics of building an itemization that survives challenge, see itemize deposit deductions and the deposit deduction letter template. The line that loses cases is “cleaning and repairs, $400.” The line that wins is “Carpet cleaning, master bedroom (pet stain), $185, invoice attached. Touch-up paint, hallway wall (drywall holes, 6 nails), $90, receipt attached. Trash removal, garage (left-behind furniture), $125, hauler invoice attached.”
Penalty: 2× damages plus court costs and attorney fees
ORS 90.300(16) is the part to fear. If the landlord fails to return the deposit or provide the itemized accounting within 31 days, the tenant may recover the amount wrongfully withheld. If the conduct is willful, the tenant may recover up to twice the amount wrongfully withheld, plus court costs and reasonable attorney fees as the prevailing party.
Math on a midrange Portland 2BR:
- Deposit held: $2,400
- Wrongfully withheld (no itemization, no receipts): $1,600
- 2× damages (willful): $3,200
- Plus court costs and attorney fees: $1,500–$4,000+
You started owing a refund of $800. You end up owing $4,700–$7,200 plus your own attorney. The deduction analysis is rarely the part that goes wrong. The itemization is.
If you want a structured, defensible deduction worksheet specifically built around the Oregon 31-day clock and the 2× penalty, the Move-Out Checkout flow’s Deposit Packet is built for this exact case.
Pet deposits and pet rent
Oregon does not prohibit pet deposits or pet rent for ordinary pets. But service animals and assistance animals (ESAs) are not pets under federal Fair Housing law — no pet deposit, no pet rent, no breed restrictions, no weight limits. Charging a pet deposit on a documented ESA is the most common fair-housing slip on smaller portfolios.
For a multi-state comparison, see the state-by-state security deposit overview.
Required disclosures at lease signing
Oregon’s disclosure list is short but consequential. Miss any of these and you create either a tenant remedy or a damages exposure.
Owner / agent identity (ORS 90.305)
You must disclose in writing at or before commencement of the tenancy:
- The name and address of the owner or a person authorized to act for the owner for service of process and notices
- The name and address of the person authorized to manage the premises
This applies on lease renewal if anyone has changed. For property managers specifically: if you don’t disclose your principal’s name (the owner), you become the “landlord” under the Act for purposes of statutory liability. That’s a personal-liability bridge most managers don’t realize they walked across.
Smoking policy (ORS 90.220(2))
The rental agreement must disclose the smoking policy. The disclosure must state whether smoking is prohibited on the entire premises, allowed on the entire premises, or allowed only in identified areas. If no written disclosure is provided, the rental is treated as smoke-free by default.
100-year flood plain (ORS 90.228)
If the dwelling unit is in a FEMA-designated 100-year flood plain, the rental agreement must say so in writing. Failure plus a subsequent uninsured flood loss exposes the landlord to the lesser of actual damages or two months’ rent.
Carbon monoxide alarms (ORS 90.316, 90.317, 90.320)
If the dwelling unit has any source of carbon monoxide (gas appliances, attached garage, fireplace, wood stove), a functional CO alarm is a habitability requirement under ORS 90.320. The landlord must:
- Supply and install the CO alarm
- Provide a written notice with testing instructions when the tenant takes possession
- Supply working batteries at move-in
- Repair or replace within a reasonable time after written notice of a deficiency (ORS 90.317)
Smoke alarms (ORS 479.270 + ORS 90.320)
The landlord must supply, install, and maintain a working smoke alarm or smoke detector. Provide testing instructions in writing at move-in. The tenant is responsible for testing per the manufacturer’s recommendation and replacing dead batteries during tenancy.
Federal lead-based paint (pre-1978 housing)
24 CFR Part 35 / 40 CFR Part 745:
- Provide the EPA pamphlet “Protect Your Family From Lead in Your Home”
- Disclose any known lead-based paint or hazards
- Attach the federal disclosure form to the lease (and get tenant signature)
- Retain records for 3 years
Oregon has a deep pre-1978 housing stock, especially in Portland’s inner-east neighborhoods (Buckman, Sunnyside, Hawthorne), Eugene’s Whiteaker, Salem, and parts of Astoria, Albany, and Klamath Falls. Federal penalties can run up to $19,507 per violation (HUD/EPA-indexed) plus treble damages in private actions. This is the single highest-penalty disclosure failure in Oregon.
Recycling notice (Portland and some Metro jurisdictions)
Portland and other large Metro cities require landlords to provide a recycling-information notice and to provide recycling containers and service for buildings with 5+ units. Verify the specific notice required at the city level — the Portland Bureau of Planning & Sustainability publishes a template.
Outstanding utility billing on master-meter buildings
If utilities are master-metered and billed back to tenants, the lease must disclose the billing method and any administrative fee. ORS 90.315 governs the allocation rules.
What Oregon does not require (but you should still do)
- A move-in inventory / condition checklist. Not legally required. Always do it anyway. A dated, signed, photographed move-in record is the single most decisive piece of evidence in any deposit or move-out dispute. See the move-in walkthrough checklist.
- Bed bug disclosure. Not required statewide. Some Multifamily NW model leases include a bed-bug clause; add it.
- Mold disclosure. Not required statewide, but disclosing visible mold pre-tenancy avoids a habitability claim later.
Rent stabilization: the 2026 cap, the first-year rule, and the 90-day notice
Oregon was the first U.S. state to adopt statewide rent control (SB 608, 2019). SB 611 (2023) tightened the formula. The framework lives in ORS 90.323.
The 2026 cap: 9.5%
Each year by September 30, the Oregon Department of Administrative Services publishes the next year’s maximum rent increase percentage. The formula is the lesser of 10% or 7% + the West-region CPI.
- 2026 cap: 9.5% (CPI was 2.5%; 7% + 2.5% = 9.5%, which is below the 10% ceiling)
- 2025 cap: 10.0%
- 2024 cap: 10.0%
Verify each year at oregon.gov/das/oea/pages/rent-stabilization.aspx.
The first-year rule (the one most-violated)
You may not increase rent during the first year of a tenancy. ORS 90.323(2). This applies to all tenancies other than week-to-week. The clock starts on the first day of occupancy under the current rental agreement — not on the lease renewal date. Mistake pattern: a national lease template ends a fixed-term at month twelve, the landlord serves a renewal at a higher rate, and the tenant successfully argues that the new tenancy is a continuation under ORS 90.427’s holdover-to-month-to-month conversion.
90 days’ written notice for every increase
Every rent increase requires 90 days’ written notice. The notice must state:
- The amount of the increase
- The new rent
- The effective date (90 or more days out)
No more than one increase in any 12-month period. A sloppy notice without all three elements is unenforceable.
Exemptions
Two categories of dwelling are exempt from the rent cap:
- New construction: the dwelling’s first certificate of occupancy was issued less than 15 years before the date of the increase notice
- Affordable housing: the unit is regulated as affordable by federal, state, or local government AND the change doesn’t increase the tenant’s portion of rent (or is required by program eligibility / tenant income change)
The first exemption matters when underwriting new construction: a building that obtained its CofO in 2015 is exempt through 2030; a 2024 CofO is exempt through 2039. After the 15-year window closes, the building reverts to the standard cap.
Mid-term increases on fixed-term leases
A fixed-term lease cannot be increased mid-term unless the lease explicitly allows it. Practically, fixed-term increases happen only at renewal — at which point the 90-day notice and the annual cap apply.
Manufactured home parks & marinas — HB 3054 (2025)
HB 3054 (effective September 1, 2025) created a separate, lower rent cap for manufactured home parks and marinas through amendments to ORS 90.324:
- Parks/marinas with more than 30 spaces: 2026 cap is 6%
- Parks/marinas with 30 or fewer spaces: 2026 cap is 9.5% (same as general residential)
HB 3054 also imposes additional protections for park residents, including a cap on the rent that may be charged to a new tenant who buys an existing manufactured home in the park (the new rent may not exceed the seller’s rent by more than 10%), restrictions on requiring aesthetic changes, and limits on inspections during sales.
What Oregon does not preempt
Local jurisdictions may adopt additional renter protections (relocation assistance, just-cause expansions, etc.) — and Portland has. The statewide rent cap percentage is set by ORS 90.323; cities cannot adopt lower caps. But the cap interacts with Portland’s FAIR Ordinance: a rent increase of 10% or more triggers tenant relocation rights even where the increase itself is statutorily permissible.
Late fees, grace periods, and NSF (ORS 90.260)
The 4-day grace period
Oregon law mandates a 4-day grace period. A landlord may not charge a late fee until rent is at least 5 days late. This is statutory; the lease cannot shorten it.
The three permitted late-fee structures
ORS 90.260 permits exactly three structures, all of which must be in the written rental agreement:
- Reasonable flat fee. A single flat fee per late payment. Must be “reasonable” — courts treat $25–$75 on typical rents as defensible; flat fees above 10% of monthly rent are increasingly likely to be struck.
- Daily fee. A daily fee, not to exceed 6% of the reasonable flat fee per day, capped at a monthly total of 5% of monthly rent.
- Single 5% fee per 5 days late. A one-time fee of up to 5% of the monthly rent, charged once per 5-day late period.
You must pick one structure and apply it consistently. The lease text matters — a clause that mixes structures is unenforceable.
NSF / returned check fees (ORS 30.701)
You may charge a flat NSF service charge plus actual bank charges. Oregon also has a civil treble-damages remedy under ORS 30.701 for dishonored checks with proper notice — leverage on repeat NSF tenants.
Rent due date
Set by the lease. If silent, rent is payable at the beginning of each rental period at the dwelling unit.
Rent withholding by tenants — narrow
Oregon allows tenant rent withholding only through narrow statutory pathways: the essential-services route (ORS 90.365), the repair-and-deduct route for minor habitability defects (ORS 90.368), or the broader termination remedy under ORS 90.360. A tenant who simply withholds rent for unrelated grievances exposes themselves to a nonpayment FED action under ORS 90.394.
Notices and the 10-day / 13-day framework
Oregon’s notice framework is the most precisely structured in the country. Get the day count wrong by one and the FED is dismissed.
Every notice: +3 days for first-class mail (ORS 90.155)
This is the most-missed rule. Any notice served by first-class mail extends the compliance period by 3 days. The notice itself must state the extension. A 10-day notice served by mail is, by operation of statute, a 13-day notice. A 13-day notice served by mail is 16 days. A 24-hour notice served by mail is 4 days.
The cleanest practice: certified mail (which is still a “mail” service for purposes of the +3 days rule), AND personal delivery or post-and-mail under the rental agreement, whichever combination the agreement permits.
Day counting (ORS 90.160)
Periods are counted in consecutive calendar days, excluding the day of service, including the last day until 11:59 p.m. Weekends and holidays count, but if the last day falls on a weekend or holiday, it extends to the next business day.
Nonpayment of rent — ORS 90.394
This is the framework everyone needs to memorize.
For week-to-week tenancies:
- 72-hour written notice, served no sooner than the 5th day of the rental period.
For all other tenancies (month-to-month and fixed-term): the landlord chooses one of two notice options:
- 10-day notice: served no sooner than the 8th day of the rental period (the rent due day = day 1, so the earliest service date is day 8).
- 13-day notice: served no sooner than the 5th day of the rental period.
The “8th day vs. 5th day” distinction is the central choice. The 10-day notice is faster to expiration but you can’t serve it until day 8. The 13-day notice can go out on day 5 but takes longer to mature. Sophisticated landlords serve the 13-day on day 5 — same overall calendar day for expiration as a 10-day served on day 8.
The notice must specify:
- The amount of rent owed
- The date and time by which the tenant must pay to cure
- A statement that the rental agreement will terminate if the rent is not paid by that time
ORS 90.395 requires a separate rental-assistance and support-services notice delivered with (or before) the nonpayment notice. The Oregon Judicial Department publishes a template. Omitting this notice is grounds for FED dismissal.
Tenant cause (curable) — ORS 90.392
For non-monetary breaches (pets, occupancy, noise, alterations, etc.), ORS 90.392 requires:
- 30 days’ written notice of termination with a 14-day cure window
- The notice must specify the conduct constituting the breach and the cure required
- If the conduct is ongoing, the tenant has 14 days to cure or commence cure in good faith
- If the conduct is a discrete past act not subject to cure, the notice can run as a straight 30-day termination
Repeat violations — ORS 90.392(5)
If the cause is substantially the same act or omission that constituted a prior violation for which notice was given within the previous 6 months, the landlord may issue a 10-day notice with NO cure right. The landlord must be able to produce the prior notice and proof of service.
This is one of the cleanest enforcement tools in Oregon — but it’s frequently waived by sloppy first-violation documentation. The first notice must:
- Be properly served (with +3 days for mail)
- Specifically describe the conduct and the lease clause
- Be retained with proof of service
If the first notice is missing or imprecise, the “repeat” notice fails.
24-hour notice — ORS 90.396
Reserved for serious conduct. A landlord may terminate with 24 hours’ written notice (no cure) if the tenant or someone in the tenant’s control:
- Seriously threatens or inflicts substantial personal injury on any person on the premises (other than the tenant)
- Recklessly endangers a person on the premises by creating a serious risk of substantial personal injury
- Commits any act outrageous in the extreme on or near the premises, including:
- The manufacture, delivery, or possession of a controlled substance
- Prostitution-related conduct
- Other acts of similar severity that a reasonable person in the community would consider warrant termination within 24 hours
- Inflicts substantial damage on the premises
- Has been arrested for a crime that is a serious threat to other tenants
24-hour notices have a high evidentiary bar. Document with photos, police reports, and witness statements. Tenants prevail on 24-hour terminations more often than landlords expect; if the conduct is curable, the safer route is the 30-day/14-day notice under ORS 90.392.
Notice form and delivery
Every notice should:
- Be written, dated, signed
- Cite the specific ORS section and lease clause
- Describe the conduct specifically (with dates, times, witness names)
- State the cure required and the deadline
- Be served personally OR by first-class mail (with +3 days) — or by the method specifically permitted in the lease
For the discipline of building documented notices that survive challenge, see document a lease violation properly.
The just-cause termination framework: ORS 90.427
This is the section that re-arranges every out-of-state owner’s mental model.
The first year vs. after the first year
During the first year of occupancy (ORS 90.427(3)(b) / (4)(b)):
- Month-to-month tenancies: landlord may terminate with 30 days’ written notice without cause
- Fixed-term tenancies: landlord may end the tenancy at the lease end date if the end date falls within the first year, with 30 days’ written notice
After the first year of occupancy:
- No-cause terminations are not available. Period.
- Termination requires either:
- Tenant cause under ORS 90.392 / 90.394 / 90.396 (curable, repeat, or 24-hour), OR
- A qualifying landlord reason under ORS 90.427(5)
Qualifying landlord reasons (ORS 90.427(5))
After the first year, a landlord may terminate only if one of these four conditions applies:
- Demolition or conversion: The landlord intends to demolish the dwelling or convert it to a non-residential use within a reasonable time.
- Repairs or renovations that render the premises unsafe or unfit for occupancy during the work.
- Owner / family occupancy: The landlord, or a member of the landlord’s immediate family, intends to occupy the unit as a primary residence — and no comparable unit is available in the same building for the family member.
- Sale to an owner-occupant buyer: The landlord has accepted an offer to purchase from a buyer who intends to occupy the unit as a primary residence. Documentation of the offer (acceptance, sale terms) must be provided within 120 days of contract acceptance.
90-day notice + one month’s rent relocation assistance
A qualifying-landlord-reason termination requires:
- At least 90 days’ written notice before the designated termination date
- Payment to the tenant equal to one month’s periodic rent at the time of notice delivery
The relocation payment must be in cash equivalent — rent abatement does not satisfy the statute.
The “four or fewer units” exemption
ORS 90.427(6)(b): A landlord who has an ownership interest in four or fewer residential dwelling units is exempt from the relocation-payment requirement (not the 90-day notice — that still applies). The four-unit count is based on the landlord’s total ownership interest across all properties, not per-property.
This exemption is one of the cleanest small-portfolio benefits in Oregon law. But the 90-day notice still applies, and the reason still has to qualify under 90.427(5).
Holdover after fixed term
A fixed-term lease that ends after the first year does not simply end. Under ORS 90.427(4)(c), if neither party gives qualifying notice, the tenancy converts to month-to-month at the existing rent. Most national lease templates assume the lease ends at the end date; in Oregon, that assumption produces an implied month-to-month conversion the landlord didn’t intend.
Three-strikes exception (ORS 90.427(7))
A landlord may end a fixed-term tenancy at the lease end date — even after the first year — if the tenant has committed three or more violations within the 12 months preceding the end date, with documented written warnings for each. This is a narrow but useful tool for cumulative-violations cases that don’t rise to a single curable-cause termination.
Damages for wrongful termination
ORS 90.427(9)(a): If the landlord violates the just-cause provisions (issues an unlawful no-cause notice, fails to pay relocation assistance, lies about the qualifying reason), the tenant may recover three months’ rent plus actual damages. The wrongful-termination notice is also a complete defense to a possession action.
Where this gets expensive: a landlord serves a “sale to owner-occupant” 90-day notice, the tenant leaves, the property is then rented at a higher rate to a new tenant rather than sold. The displaced tenant may sue for three months’ rent plus damages — the false-pretext theory has been litigated successfully across Oregon since 2019.
Eviction process: FED court
Oregon evictions are filed as Forcible Entry and Detainer (FED) actions in circuit court of the county where the property is located. The procedure is governed by ORS 105.110–105.168 and the Oregon Rules of Civil Procedure.
Grounds
The four statutory grounds parallel the notice framework:
- Nonpayment of rent (ORS 90.394 notice)
- Tenant cause / curable violation (ORS 90.392 notice)
- 24-hour cause (ORS 90.396 notice)
- Termination without tenant cause (ORS 90.427 notice — first-year no-cause OR qualifying landlord reason)
Step-by-step
- Serve the predicate notice (10-day, 13-day, 30-day, 24-hour, or 90-day depending on grounds) — properly served, +3 days if mailed.
- Wait for the notice period to expire — including any +3 days for mail.
- File the FED Complaint in circuit court. Statewide filing fee approximately $88 (verify locally). Use the OJD-issued FED-Complaint form.
- Court issues Summons and sets a First Appearance date, typically 7–14 days after filing.
- Service by sheriff or process server within statutory deadlines.
- First Appearance — both parties appear. The court will offer (and in some counties effectively require) mediation. If the parties agree to mediate, the FED is held in abeyance pending mediation outcome.
- If no agreement at first appearance, the tenant files an answer by 4:00 p.m. that day. If no answer, default for the landlord.
- Trial is set typically 15 days after first appearance.
- Judgment. If the landlord prevails, the court issues a Writ of Execution, served by the sheriff.
- Sheriff posts the writ — the tenant has at least 4 days to vacate before forcible removal (varies by county; some are slightly longer).
Tenant cure at the FED stage (nonpayment only)
For nonpayment FEDs, the tenant has a statutory right to cure by paying all rent owed, court costs, and reasonable attorney fees before the FED hearing. Payment terminates the action. This is a significant difference from many other states — landlords cannot refuse cure even at the courthouse step.
Timeline reality
The widget below shows the statutory timeline for the most common scenarios. Real cases vary by county: Multnomah (Portland), Washington, and Lane (Eugene) county FED dockets run heavier than rural counties, often adding 1–2 weeks for first appearance and trial scheduling.
The single biggest legal risk: self-help eviction (ORS 90.375)
If you change locks, remove a door, shut off utilities, remove the tenant’s property, or otherwise oust a tenant outside of the FED process, ORS 90.375 hits you for the GREATER of:
- Two times the monthly rent, OR
- Actual damages,
PLUS reasonable attorney fees. The tenant may also recover possession and damages for separate items (e.g., personal property converted).
On a $1,800/month Portland unit, the floor is $3,600 to the tenant plus an attorney fee award that frequently runs $2,000–$5,000+. Every year, Oregon landlords get hit with these judgments, usually with the landlord thinking they were being reasonable (“they hadn’t paid in two months and the place was destroyed”). The court order is the only legal way to remove someone. Never. Self-help. Evict.
Appeals
FED judgments are appealed to the Oregon Court of Appeals under ORS 19.205. The tenant must typically post bond or pay rent into escrow to stay execution. Most landlord-tenant appeals settle.
Court fees and attorney fees
Filing fees are statewide-set but actual recovery in the prevailing-party award depends on the lease’s attorney-fees clause and the statute. ORS 90.255 makes attorney fees recoverable to the prevailing party in a possession action only if the rental agreement contains a reciprocal attorney-fees clause. Most professionally drafted Oregon leases include one; many DIY leases don’t, and the landlord finds out only when the fees mount.
Right of entry (ORS 90.322)
The default rule is at least 24 hours’ actual notice and entry only at reasonable times. Notice can be in writing or — by mutual agreement on a specific entry — verbal.
Emergency exception
A landlord may enter without notice or consent in case of an emergency. The statute defines emergency broadly to include any condition that, unless remedied immediately, is likely to cause serious damage to the premises. After an emergency entry made in the tenant’s absence, the landlord must provide actual notice within 24 hours stating:
- The fact of the entry
- The date and time of entry
- The nature of the emergency
- The names of the persons who entered
Penalty for violation
Unlawful entry, lawful entry made in an unreasonable manner, or repeated demands for lawful entry that effectively harass the tenant trigger ORS 90.322(7):
- Injunctive relief to prevent recurrence
- The tenant may terminate the rental agreement under ORS 90.360
- Actual damages of not less than one month’s rent (one week’s rent for a week-to-week tenancy)
Plus the tenant may recover under ORS 90.375 (self-help eviction remedies) if the entry pattern crosses into constructive lockout.
Practical lease language
A clean Oregon lease addresses:
- Standing consent for routine maintenance (filter changes, HVAC, pest control) between specific hours
- Standing consent for showings during the last 30 days of the tenancy
- The notice mechanism (text, email, paper posting) — and whether it satisfies the 24-hour rule
Habitability and tenant remedies
Landlord duties (ORS 90.320)
You must:
- Maintain the premises in a habitable condition
- Comply with applicable building/housing codes materially affecting health and safety
- Maintain electrical, plumbing, sanitary, HVAC, and other landlord-supplied facilities in good working order
- Provide running water and reasonable hot water at all times
- Provide reasonable heat
- Provide a working smoke alarm and (where applicable) a working CO alarm
- Maintain locks and keys
- Maintain weather protection (roof, walls, windows, doors)
- Maintain common areas safely
Tenant’s remedy framework (ORS 90.360, 90.365, 90.368)
Three primary routes:
ORS 90.360 — Termination for noncompliance:
- Tenant gives written notice specifying the breach
- The landlord has 30 days to remedy (or commence cure in good faith); if a curable breach is not cured, the tenancy terminates 30 days after notice
- Tenant may recover actual damages and may terminate the lease
- Reasonable attorney fees to the prevailing party
ORS 90.365 — Essential services:
For loss of an essential service (heat, running water, hot water, electricity, gas, plumbing, sewer):
- Tenant gives written notice
- Tenant may procure substitute essential service during the period of failure and deduct actual cost from rent
- OR recover damages based on diminution in fair rental value
- OR procure substitute housing (with rent abated during noncompliance) plus reasonable lodging costs above the rent
ORS 90.368 — Repair and deduct (minor habitability defects):
For a minor habitability defect repairable for not more than $300 (leaky plumbing, stopped-up toilet, faulty light switch — explicitly excludes mold, radon, asbestos, lead paint):
- Tenant gives written notice specifying the defect and intent to repair if not cured by a stated date (at least 7 days after notice)
- If unrepaired, tenant may cause the repair, then deduct actual reasonable cost (up to $300) from the next rent payment
What Oregon does not offer tenants
- Broad rent withholding outside the statutory routes above
- A unilateral right to repair-and-deduct beyond the $300 / essential-services framework
Retaliation: the six-month presumption (ORS 90.385)
The trap that takes down otherwise legitimate evictions.
What’s prohibited
A landlord may not retaliate by:
- Increasing rent
- Decreasing services
- Bringing or threatening an action for possession
- Serving a termination notice
…after the tenant has:
- Complained to a government agency about a building, health, housing, or similar code violation
- Complained to the landlord (or a designee) about a violation of the Act
- Organized or joined a tenants’ union or similar organization
- Performed or attempted to perform a tenant right under the Act
- Testified against the landlord in a judicial, administrative, or legislative proceeding
- Engaged in protected activity as a domestic-violence victim under ORS 90.453
The rebuttable presumption
If the adverse action falls within 6 months of the tenant’s protected activity, the statute creates a rebuttable presumption that the landlord’s conduct was retaliatory. The landlord bears the burden of producing legitimate, non-retaliatory reasons.
The presumption does not apply if the tenant’s protected activity occurred after the landlord delivered notice of a proposed rent increase.
Damages if you lose
Tenant remedies parallel ORS 90.375 — typically the greater of two months’ rent or actual damages, plus attorney fees. The retaliation defense is also a complete defense to a possession action.
How to defend
The defense is built before you need it. Document:
- Nonpayment history with dated ledger entries
- Lease violations with proper notices and proof of service
- Market-wide rent increases applied across the portfolio
- Planned property sale or refurbishment with contemporaneous records
For the discipline of building this kind of incident-by-incident record, see document a lease violation properly and paper trail for eviction.
Fair housing: Oregon's protected classes
State-level protected classes (ORS 659A.421)
Oregon prohibits discrimination in housing on the basis of:
- Race, color, religion
- Sex (including sexual orientation and gender identity)
- National origin
- Marital status
- Familial status
- Disability
- Source of income (including Section 8 vouchers and other government rental assistance)
- Age
Enforced by the Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division.
Source of income — the protected class out-of-state landlords miss
ORS 659A.421 explicitly includes Section 8 Housing Choice Vouchers and other federal, state, or local housing assistance as “source of income.” You cannot refuse to rent to a tenant solely because they hold a voucher. This is one of the most-violated rules by landlords moving in from states without source-of-income protections.
What you can still do:
- Apply your standard screening criteria uniformly (credit, prior tenancy, criminal history within HUD-permitted limits)
- Calculate the income-to-rent ratio on the tenant’s portion of rent only (not on the gross rent)
- Reject for legitimate, documented, uniformly-applied non-discriminatory reasons
- Require the unit to pass HUD HQS inspection (a function of the voucher program, not a discriminatory practice)
Application screening charges (ORS 90.295)
You may charge a screening fee that reflects the actual cost of obtaining a credit/screening report or the customary amount charged by tenant screening companies. You may only charge one fee in any 60-day period from a given applicant. The applicant gets a written receipt; if you do not actually screen them, you must refund.
Screening criteria (ORS 90.303)
Your screening criteria — what you accept and reject — must be applied uniformly. Sloppy screening loses both fair-housing cases and “you discriminated against me” defenses in eviction. The cleanest process is one set of objective written criteria, applied to every applicant in the same order, with documented results.
Federal overlays
- FCRA (15 U.S.C. § 1681): written authorization; adverse-action notice required when denying based on a consumer report
- HUD criminal-history guidance: blanket bans are disparate-impact violations. Distinguish arrests (don’t use) from convictions. Apply individualized assessment (nature, severity, time elapsed, evidence of rehabilitation).
Portland's FAIR Ordinance: relocation assistance
Portland City Code 30.01.085 (“Portland Renter Additional Protections”) layers an additional renter-protection regime on top of state law.
Mandatory Renter Relocation Assistance
A Portland landlord must pay Mandatory Renter Relocation Assistance when any of the following happens:
- The landlord terminates a tenancy without tenant cause (i.e., a no-cause notice during the first year, or any qualifying-landlord-reason termination)
- The landlord refuses to renew a fixed-term lease
- The landlord imposes a rent increase of 10% or more within a rolling 12-month period AND the tenant chooses to terminate within 45 days
Amounts
Set by ordinance:
- $2,900 — studio or single-room occupancy
- $3,300 — 1-bedroom
- $4,200 — 2-bedroom
- $4,500 — 3-bedroom or larger
Payment must be made by check at the time of notice delivery (45 days before termination for the rent-increase trigger; with the qualifying notice otherwise).
Notice and filing
Portland landlords must file a relocation-assistance notice with the city. The Portland Housing Bureau publishes the form. Failure to file or to pay triggers ordinance penalties plus the underlying state remedy if the termination violates ORS 90.427.
Limited exemptions
The FAIR Ordinance contains narrow exemptions, including for:
- Landlords renting a single dwelling unit they personally occupy as a primary residence
- Certain qualifying weeks-of-tenancy and bedroom-sharing arrangements
But — important — the small-landlord exemption from ORS 90.427’s relocation payment does NOT apply at the Portland level. A landlord exempt at the state level (4-or-fewer units) may still owe Portland relocation assistance.
Verify the current text at portland.gov/code/30/01/085.
Portland’s other renter protections
- 30.01.087 — Security Deposits and Pre-Paid Rent: caps deposits at 1.5× monthly rent for most tenancies (more stringent than state law); requires specific accounting requirements
- 30.01.086 — Application criteria: Portland’s “low-barrier” screening rules cap application fees, restrict criminal-history look-backs, and prescribe specific screening criteria
These are city-of-Portland-only. Owners in Beaverton, Gresham, Lake Oswego, and other Metro suburbs are NOT subject to Portland’s deposit cap or screening rules — but are subject to state ORLTA.
Short-term rentals: a city-by-city minefield
Oregon does not have a uniform state STR framework. Each city sets its own rules, and several have made significant changes since 2023.
Statewide considerations
- Transient lodging tax (TLT): state TLT is 1.5%; local TLT layers on top
- Property classification: short-term lodging may convert the property’s tax classification and disqualify the unit from rent-cap exemptions or just-cause coverage. STRs are NOT under ORLTA — they’re regulated separately under city ordinance and the state TLT regime.
- Insurance: standard DP-3 / HO-3 policies generally exclude STR use; you need a vacation-rental endorsement or a commercial short-term rental policy
City-by-city: where the friction lives
| City | Headline rule | Notes |
|---|---|---|
| Portland | Two-tier ASTR permit system. Type A (1–2 bedrooms, ≤5 guests, $400 fee, 2-year permit): owner must reside in the unit at least 270 days per calendar year. Type B (3–5 bedrooms, ≤10 guests, $245 fee): conditional use review with land-use hearing; transferable with sale. | Whole-house non-resident STRs effectively prohibited in residential zones. State + Multnomah County + city TLT applies. |
| Bend | Type I (administrative): owner-occupied with up to 2 bedrooms rented, OR whole-house ≤30 days/year. No density cap. Type II (conditional use): whole-house in residential zones, 500-foot density buffer — no Type II within 500 feet of an existing Type II. | The 500-foot buffer is the binding constraint. Bend’s STR market is largely capped. |
| Hood River | STR license required. Residential-zone STRs require a primary resident (owner or designated lessee). Seven-year grace period for nonconforming holders expired in October 2023. Ordinance upheld in federal court April 2025. | Non-owner-occupied whole-house STRs effectively prohibited in residential zones. |
| Cannon Beach | Three permit categories: lifetime unlimited, 5-year unlimited, 14-day (each year). Tight overall caps; specific zoning regs. | Cannon Beach has restricted STR creation since the 1990s. Draft 2026 STR Cap Ordinance under consideration. |
| Seaside | STR license required; 10% lodging tax + $2/night summer tourism fee. Channels STRs to specific tourist-oriented neighborhoods. | Several hundred licensed STRs; permitting cycle continues. |
| Lincoln City / Newport / Pacific City | STR permits required; coastal town-specific density and licensing rules. | Verify with city — coastal STR rules are in active revision in several jurisdictions. |
| Eugene | STR business license + lodging tax. No statewide-meaningful density cap as of 2026. | Verify zoning compatibility before listing. |
| Ashland | STR permit required; owner-occupancy required for traveler’s accommodation use in many residential zones. | Tight Ashland-specific rules — check the Ashland Municipal Code. |
Enforcement is real, not theoretical. Portland, Bend, and Hood River have all stepped up unpermitted-STR enforcement in 2024–2026 with civil fines, listing takedowns, and permit ineligibility for repeat violators. Operating without local compliance is a documented way to lose the right to STR that property — and to expose the property to ORLTA reclassification.
Mobile and manufactured home parks (ORS 90.505–90.850)
A separate statutory framework governs manufactured home park tenancies — where the tenant owns the home and rents the lot (“space”). Key 2025–2026 changes:
HB 3054 (2025) — the manufactured-home-park rent cap
Effective September 1, 2025:
- Parks/marinas with more than 30 spaces: 2026 cap 6% (rather than the general 9.5%)
- Parks/marinas with 30 or fewer spaces: same as general (2026 cap 9.5%)
- New-tenant rent on home sale: a new tenant who buys an existing manufactured home in the park cannot be charged more than 10% above the seller’s rent
- Additional restrictions on requiring aesthetic changes and conducting inspections during a home sale
Park closure protection
A park owner who closes a park must give 365 days’ notice under ORS 90.645 and provide significant relocation assistance to displaced homeowners (formulaically calculated). This is a high-stakes provision — closures litigate frequently.
If you operate or are acquiring a manufactured home park, read ORS 90.505–90.850 directly. The park-tenancy framework diverges from general ORLTA in many places.
Property management licensing (ORS Chapter 696)
Oregon licenses property management. Authority: ORS Chapter 696; administered by the Oregon Real Estate Agency (OREA).
Who needs a license
Anyone who, for compensation, manages rental property for others in Oregon must hold a Property Manager license or a Real Estate Broker license. The activity definition in ORS 696.010 is broad — it includes negotiating leases, collecting rent, advertising, conducting move-in/move-out inspections, and supervising on-site staff for compensation.
The Property Manager license
- Age 18+
- Pre-license education (currently 60 hours)
- Pass the OREA / PSI exam
- Background check
- Maintain at least one designated clients’ trust account under ORS 696.241
Trust account requirements (ORS 696.241, 696.245)
- All trust monies (rent, deposits, security deposits) deposited in the designated clients’ trust account
- The bank must acknowledge the account designation in writing
- Records retained for 6 years after account closure
- Monthly reconciliation required
- OREA audit authority
Owner exemption
An individual owner managing their own rental property is not required to be licensed. Once you accept compensation to manage for someone else — even occasionally — the license requirement attaches.
Unlicensed management
Managing rentals for others without a license violates ORS 696.020 — a misdemeanor — and contracts for unlicensed management activity are generally unenforceable. OREA has pursued enforcement actions in 2024–2026, including against out-of-state managers who don’t realize the requirement.
Property tax: Measure 5 and Measure 50
Oregon’s two foundational property-tax measures shape rental investor underwriting more than most owners realize.
Measure 5 (1990)
Caps total property taxes at 1.5% of real market value ($15 per $1,000 of RMV) — split into 0.5% for education and 1.0% for all other government services.
Measure 50 (1997)
Caps the assessed value of each property and limits annual growth in assessed value to 3% per year. The assessed value is generally well below the real market value for long-held properties, especially in high-appreciation neighborhoods (inner Portland, Bend, Hood River).
What this means for rentals
- Unlike states with a separate assessment ratio for rentals (SC, FL, etc.), Oregon does not apply a higher rate to rental properties. Rentals and owner-occupied properties are taxed identically.
- The Measure 50 cap means a long-held rental property often has a tax bill substantially below the comparable new-purchase property tax. Acquisitions trigger the higher tax via re-assessment under specific events; ordinary annual growth is capped at 3%.
- Compression (when the M5 cap kicks in because levies plus rates exceed 1.5% of RMV) is common in some Multnomah County neighborhoods and can produce surprising year-over-year tax shifts.
Multnomah County Preschool for All tax (high-income personal income tax)
Not a property tax, but worth noting for landlords who also live in Multnomah County: the Preschool for All tax (1.5% on income over $125K single / $200K joint, up to 3.0% on income above $250K / $400K) interacts with K-1 distributions from rental LLCs taxed as partnerships. Coordinate with a CPA.
Coastal, wildfire, and insurance considerations
Coastal flood and wind
The Oregon coast is not a hurricane coast, but it is a high-wind, high-precipitation zone. Standard DP-3 / HO-3 policies generally cover wind and most water damage; flood requires a separate NFIP or private flood policy. Cannon Beach, Seaside, Lincoln City, Newport, Florence, Coos Bay, and Brookings all have areas in FEMA Special Flood Hazard Areas (SFHAs) where flood insurance is required for federally-backed mortgages.
Wildfire — the SB 80 / SB 83 reversal
In 2021, Oregon adopted SB 762, which authorized a statewide wildfire hazard map and triggered fire-hardening building-code requirements in high-hazard wildland-urban-interface (WUI) areas. SB 80 (2023) refined the map and the underlying rules.
SB 83 (2025) substantially repealed the statewide wildfire hazard map and the associated fire-hardening building-code requirements. Authority for wildfire-mitigation regulation reverted largely to local jurisdictions. As of mid-2026, the operative rules are:
- No statewide map-based fire-hardening requirement
- Local jurisdictions may impose defensible-space and building-code requirements
- Insurance carriers may use their own wildfire-risk models for underwriting (SB 82’s prohibition on insurer use of the now-repealed state map is moot)
For coastal-or-wildfire-exposed Oregon rentals, the practical insurance environment as of 2026:
- Wildfire non-renewals are common in Southern Oregon (Klamath, Jackson, Josephine counties) and parts of Central Oregon. Several major carriers have reduced new-business writing in high-risk ZIPs.
- Defensible space and fire-hardening matter even without a statewide map — carriers underwrite based on their own assessment.
- Loss-of-rents / fair rental value coverage is critical for landlords; verify the limit and time period.
- Tenants: consider requiring renter’s insurance with landlord as additional insured.
Earthquake
The Cascadia Subduction Zone runs offshore the Oregon coast. Earthquake coverage is excluded from standard DP-3 / HO-3 policies; coverage requires a separate endorsement or a standalone earthquake policy. Most owner-occupied homeowners decline EQ coverage; landlord economics depend on the property’s foundation type and unreinforced-masonry exposure.
Domestic violence victim protections (ORS 90.453, 90.456)
A tenant who is a victim of domestic violence, sexual assault, bias crime, or stalking — or has an immediate family member who is — may release themselves from the rental agreement with 14 days’ written notice plus a qualifying verification statement under ORS 90.453. Verification options include a valid protective order, a police report, a conviction, or a qualified-third-party statement.
If there are other tenants on the lease, the tenancy continues for them under ORS 90.456 — the victim’s release does not terminate the other tenants’ obligations.
Landlords may not refuse to rent, terminate, or take any adverse action against a tenant who is a victim of domestic violence (ORS 90.449). Discrimination on the basis of DV-victim status is independently actionable.
Federal overlays: Section 8, ADA, SCRA
Housing Choice Vouchers (Section 8) — REQUIRED to consider in Oregon
Because source of income is a protected class statewide, Oregon landlords cannot decline Section 8 voucher holders as a class. Once an application is accepted for screening, the same uniform criteria apply.
- Property must pass HUD HQS inspection before HAP contract begins; annual reinspections
- HAP payment comes directly from the PHA; tenant pays their portion separately
- Income-to-rent ratio calculated on the tenant’s portion of rent (not the gross rent)
- Federal regulations apply alongside state law (VAWA, project-based just-cause termination)
Service & assistance animals (ADA / FHA)
Service animals and emotional support animals (ESAs) are not pets. No pet deposit, no pet rent, no pet fees, no breed restrictions. You may require documentation of disability and the disability-related need for the animal (with limits on what you can ask). You may evict if the animal poses a direct threat or causes substantial property damage that isn’t manageable.
Servicemembers Civil Relief Act (SCRA)
Active-duty servicemembers (and dependents) have early lease termination rights on PCS or deployment of 90+ days. They must give written notice with a copy of orders; lease terminates 30 days after the next rent due date. Oregon’s military communities include Portland Air National Guard, Camp Adair, and the Oregon Air National Guard at Klamath Falls and Portland.
Recent legislation watch (2025–2026)
A few bills landlords should track at olis.oregonlegislature.gov:
- HB 3054 (enacted 2025): Manufactured home park / marina rent cap, 6% for parks with 30+ spaces; effective September 1, 2025. Adds new-tenant rent cap on home sales and other resident protections.
- SB 83 (enacted 2025): Repealed the statewide wildfire hazard map and associated fire-hardening / defensible-space requirements; authority reverts to local jurisdictions.
- Continued legislative attention on rent stabilization: bills are routinely introduced to tighten the ORS 90.323 formula further. None have advanced significantly in the 2025–2026 sessions, but the framework is politically contested.
- Bills addressing application screening, criminal-history limits, and “low-barrier” screening continue to surface. Portland-level rules are the practical leading edge; statewide adoption has been proposed but not enacted.
The Oregon-specific compliance pitfall list
If you’re operating in Oregon and want a quick self-audit, these are the ten places landlords most often go wrong:
- No-cause termination served after the first year. ORS 90.427 makes this automatically defective. After year one, every termination needs either tenant cause or a qualifying landlord reason.
- Qualifying-landlord-reason notice served without one month’s rent relocation assistance. Unless you own four or fewer units, the relocation payment is mandatory.
- Rent increase served without 90 days’ written notice OR during the first year of tenancy. Both produce an automatically-defective notice and tenant remedies under ORS 90.323.
- Mail-served notice without the +3 days. A 10-day notice mailed becomes a 13-day notice by operation of law. Most evictions get dismissed on day counting.
- Section 8 voucher refused at application. Source-of-income discrimination under ORS 659A.421. BOLI enforcement is active.
- Self-help eviction. Changing locks, cutting utilities, removing property: ORS 90.375 hits you for 2× monthly rent or actual damages plus attorney fees.
- Deposit disposition letter generic, not itemized. “Damages: $X” instead of line-by-line with receipts. The single most common path to a 2× damages judgment under ORS 90.300.
- STR listed without city permit. Portland, Bend, Hood River all enforce. Permit ineligibility for repeat violators is real.
- Property management without an OREA license. Managing for others without a license is a misdemeanor and renders contracts unenforceable.
- Owner / agent disclosure (ORS 90.305) missing or stale. Property managers who skip this can be held personally as “landlord.”
Frequently asked questions
What's the maximum security deposit I can charge in Oregon?
Statewide, there is no cap on the deposit amount under ORS 90.300 — but Portland City Code 30.01.087 caps deposits at 1.5× monthly rent for most Portland tenancies. Last month's rent counts as a deposit but requires separate accounting from the security deposit. Market practice statewide is one month's rent on a clean tenant profile, 1.5–2 months on thinner ones.
Do I have to put the deposit in a separate account?
Not as an individual owner-landlord. Licensed property managers (under ORS Chapter 696) must hold trust funds in a designated clients' trust account per ORS 696.241 / 696.245 and the Oregon Real Estate Agency audits these. Best practice for owner-landlords is the same — hold deposits separately, even though you're not required to. The day you need to prove what was set aside, the bank statement does it for you in a sentence.
How many days do I have to return the deposit in Oregon?
31 days from when the tenancy terminates AND the tenant delivers possession (ORS 90.300). The clock starts on possession back — there's no waiting-for-demand element. Willful wrongful withholding triggers up to 2× the wrongfully withheld amount plus court costs and reasonable attorney fees.
What is Oregon's 2026 rent increase cap?
9.5%. ORS 90.323 sets the cap as the lesser of 10% or 7% + West-region CPI. The 2025 CPI was 2.5%, so 7% + 2.5% = 9.5%, which is below the 10% ceiling. The Oregon Department of Administrative Services publishes the next year's cap each September 30. New construction within 15 years of its first certificate of occupancy is exempt, as is most subsidized affordable housing.
Can I raise rent during the first year of a tenancy?
No. ORS 90.323(2) prohibits any rent increase during the first 12 months of a tenancy (other than week-to-week). The 12 months runs from the first day of occupancy under the current rental agreement, not from the lease renewal date. After the first year, you must give 90 days' written notice and stay within the annual cap, and you may only increase once per 12-month period.
Can I terminate a tenant's lease "without cause" in Oregon?
Only in the first year, with 30 days' written notice (ORS 90.427(3)(b) / (4)(b)). After the first year, no-cause terminations are not available. Every termination needs either tenant cause (ORS 90.392 — 30-day with 14-day cure for ongoing violations, 10-day no-cure for repeat violations within 6 months, 24-hour for outrageous conduct under ORS 90.396) or one of four qualifying landlord reasons under ORS 90.427 (sale to owner-occupier, landlord or immediate family moving in, demolition/conversion, major renovation). Qualifying-landlord-reason terminations require 90 days' notice and one month's rent in relocation assistance — unless you own four or fewer residential dwelling units.
How long does an eviction take in Oregon?
Uncontested nonpayment FEDs typically run 25–45 days from notice service to keys-back. Contested cases run 45–90+ days. Multnomah, Washington, Lane, and Marion county dockets run heavier than rural counties, often adding 1–2 weeks for first appearance and trial scheduling. The widget above gives a date-by-date breakdown of the most common scenarios.
Can I change the locks or cut off the utilities to force a non-paying tenant out?
No. ORS 90.375 exposes you to the GREATER of two months' rent or actual damages, plus reasonable attorney fees. The tenant may also recover personal property and stay in possession. The court order issued by the circuit court at the conclusion of an FED action is the only legal way to remove a tenant. Self-help eviction is the highest-frequency expensive mistake in Oregon landlording.
What's the difference between a 10-day and a 13-day rent notice?
Both are nonpayment-of-rent notices under ORS 90.394 for tenancies that are not week-to-week. The 10-day notice can be served no sooner than the 8th day of the rental period; rent must be paid within 10 days to cure. The 13-day notice can be served no sooner than the 5th day; rent must be paid within 13 days. Sophisticated landlords serve the 13-day on day 5 — same overall day-of-expiration as a 10-day served on day 8, but you get on the clock earlier. Either notice served by mail is automatically extended by 3 days under ORS 90.155.
Am I required to give 24 hours' notice before entering?
Yes, under ORS 90.322, with one notable exception: emergencies. The statute defines emergency broadly to include any condition that, unless remedied immediately, is likely to cause serious damage to the premises. After an emergency entry made in the tenant's absence, you must provide written notice within 24 hours stating the fact, date, time, nature, and persons. Unlawful entry triggers actual damages of not less than one month's rent under ORS 90.322(7), plus injunctive relief and possible self-help-eviction remedies if the entry pattern becomes harassing.
Do I have to accept Section 8 voucher holders?
You must consider them. Oregon's ORS 659A.421 makes source of income — including Section 8 vouchers — a statewide protected class. You cannot refuse to rent solely because the applicant has a voucher. You can still apply your standard, uniformly-applied screening criteria (credit, rental history, criminal history within HUD limits), calculate income-to-rent ratio on the tenant's portion only, and reject for legitimate non-discriminatory reasons. The unit must pass HUD HQS inspection before the HAP contract begins.
I want to evict a tenant who recently called the city about my furnace. Can I?
You can, but you face a rebuttable presumption of retaliation under ORS 90.385 for six months after the complaint. The presumption means you must produce documented, legitimate, non-pretextual reasons for the eviction (nonpayment with dated ledger entries; properly noticed lease violations under ORS 90.392; market-wide rent increases). If you can show legitimate reasons that predate the complaint, you can overcome the presumption. If you can't, the eviction loses and you owe the ORS 90.375 remedies — typically the greater of two months' rent or actual damages, plus attorney fees. The defense is built before you ever need it: contemporaneous documentation of legitimate reasons is the entire ball game.
Do I need a property management license in Oregon?
If you manage rentals for others for compensation, yes — either a Property Manager license or a Real Estate Broker license, under ORS Chapter 696 administered by the Oregon Real Estate Agency. If you manage only your own rentals, no. Licensed managers must hold trust funds in a designated clients' trust account under ORS 696.241. Unlicensed management is a misdemeanor and contracts for unlicensed management activity are generally unenforceable.
Can I do short-term rentals (Airbnb / VRBO) anywhere in Oregon?
Legally, only where local zoning and permitting allow. Each city has its own rules. Portland's ASTR system requires owner-occupancy for at least 270 days per year. Bend's Type II permits are subject to a 500-foot density buffer that effectively caps growth. Hood River requires a primary resident on the property in residential zones. Cannon Beach is tightly capped. Always check the city's STR ordinance and zoning before listing — operating without a permit risks fines, listing takedowns, and permanent permit ineligibility.
Is Oregon a rent-control state?
Yes — Oregon was the first U.S. state to adopt statewide rent control, via SB 608 (2019) and tightened by SB 611 (2023). The cap is set annually under ORS 90.323; 2026 is 9.5%. The cap applies statewide, but cities may layer on additional renter protections (e.g., Portland's FAIR Ordinance relocation assistance). New construction within 15 years of its first certificate of occupancy is exempt, as is most subsidized affordable housing.
What if a tenant just refuses to leave after their lease ends?
A fixed-term lease that ends after the first year of tenancy does not simply end — it converts to month-to-month at the existing rent under ORS 90.427(4)(c) unless a qualifying termination notice has been served. If the lease ended during the first year, you may proceed with a 30-day no-cause termination. After the first year, you need either tenant cause (ORS 90.392) or a qualifying landlord reason (ORS 90.427(5)) with 90 days' notice plus one month's rent relocation assistance unless you own four or fewer units. Holdover after a proper termination is the basis for the FED action.
What does Portland's FAIR Ordinance pay tenants?
Mandatory Renter Relocation Assistance under Portland City Code 30.01.085 is paid by the landlord when the landlord terminates without tenant cause (no-cause in the first year, or any qualifying landlord reason), refuses to renew a fixed-term lease, or imposes a rent increase of 10%+ that causes the tenant to terminate within 45 days. Amounts: $2,900 studio/SRO, $3,300 1BR, $4,200 2BR, $4,500 3BR or larger. The Portland small-landlord exemption is narrower than the state ORS 90.427 four-or-fewer-units exemption — being exempt at the state level does NOT exempt you from Portland's ordinance.
I bought a coastal Oregon rental — what insurance do I need?
At minimum: a landlord (DP-3) policy for the dwelling; a separate flood policy if you're in a FEMA Special Flood Hazard Area (Cannon Beach, Seaside, Newport, Florence, Lincoln City, Coos Bay all have areas in SFHAs); and consider an earthquake endorsement given the Cascadia Subduction Zone risk. NFIP flood policies have a 30-day waiting period — you can't buy them mid-storm-season. Standard DP-3 / HO-3 generally cover wind and most water damage; verify named-peril language. Add loss-of-rents / fair rental value coverage. STR-use units need a vacation-rental endorsement; standard landlord policies typically exclude STR operation.
Can I require renter's insurance?
Yes, and you should. Add a lease clause requiring the tenant to maintain renter's insurance with you named as additional interest, with proof of policy at signing and annually thereafter. Renter's policies typically exclude flood; don't rely on them as a backstop for landlord coverage gaps.
What's the difference between a tenant-cause termination and a qualifying-landlord-reason termination?
Tenant cause (ORS 90.392, 90.394, 90.396) is for tenant misconduct: nonpayment, lease violations, dangerous behavior. Notice periods range from 24 hours (outrageous conduct) to 30 days (curable lease violation with 14-day cure window). No relocation payment is required. Qualifying landlord reason (ORS 90.427(5)) is for landlord-side reasons unrelated to tenant conduct: demolition, conversion, major renovation, owner/family occupancy, sale to an owner-occupier buyer. Notice is 90 days plus one month's rent relocation assistance, with a small-landlord (4-or-fewer-units) exemption from the payment.
Authoritative sources & where to verify
- Oregon Revised Statutes (entire body): oregonlegislature.gov/bills_laws/ors
- ORLTA (ORS Chapter 90): oregonlegislature.gov/bills_laws/ors/ors090.html
- FED procedure (ORS 105.105–105.168): oregonlegislature.gov/bills_laws/ors/ors105.html
- Manufactured home parks (ORS 90.505–90.850): see ORS Chapter 90, sections 505 et seq.
- Oregon Real Estate Agency (property manager licensing): oregon.gov/rea
- Oregon Department of Administrative Services — Rent Stabilization (annual cap): oregon.gov/das/oea/pages/rent-stabilization.aspx
- Oregon Bureau of Labor & Industries (BOLI) — fair housing: oregon.gov/boli
- Oregon Judicial Department — FED forms & instructions: courts.oregon.gov
- Oregon Department of Forestry — wildfire hazard (post-SB 83): oregon.gov/odf/fire/pages/wildfire-hazard.aspx
- Oregon Division of Financial Regulation — insurance: dfr.oregon.gov
- Portland City Code 30.01 (FAIR Ordinance and related): portland.gov/code/30/01
- Portland Housing Bureau — Rental Services: portland.gov/phb/rental-services
- Bend Development Code 3.6.500 (STR rules): bend.municipal.codes/BDC/3.6.500
- Hood River Municipal Code 5.10 (STR licensing): hoodriver.municipal.codes/HRMC/5.10
- Cannon Beach Municipal Code Ch. 17.84 (STR): ecode360.com/43512859
- Oregon State Bar (consumer pamphlets): osbar.org
- Oregon Law Help (tenant-side reference): oregonlawhelp.org
- Multifamily NW (industry trade association — model leases, training): multifamilynw.org
- Fair Housing Council of Oregon: fhco.org
Closing thought
Oregon is, on balance, a tenant-protective state — measurably more so than most of the country since SB 608 in 2019 made it the first state with statewide rent control and statewide just-cause termination after the first year. But “tenant-protective” does not mean “landlord-hostile.” Oregon’s framework is precise. The notice periods are exact, the cure windows are clear, the relocation amounts are specified to the dollar, the day counting is unambiguous, and — most usefully — the FED court schedules are predictable.
The landlords who do well in Oregon are not the ones who fight the framework. They’re the ones who bake it into the lease and the operating cadence:
- A clean lease with the statewide protected classes correctly listed, smoking policy disclosed, flood plain noted if applicable, CO and smoke alarm responsibilities split correctly, reciprocal attorney fees clause, valid late-fee structure, and the 90-day rent-increase notice mechanism written in.
- A dated, signed, photographed condition record at move-in — the single most decisive piece of evidence in any deposit, habitability, or violation dispute.
- A certified-mail habit on every notice (and a +3 days extension built into every calculation, automatically).
- A first-year vs. after-first-year termination playbook that defaults to ORS 90.392 cause notices and reserves ORS 90.427 qualifying-reason notices for genuine landlord needs (with the relocation payment pre-budgeted unless the four-or-fewer-units exemption applies).
- Operational discipline that produces dated, signed, photographed evidence for every meaningful event in the tenancy.
A Move-In Record sets your baseline. A Maintenance Record keeps the through-tenancy timeline clean. A Lease Violation Record holds up when the third complaint becomes a court date. A Move-Out Checkout closes the loop with the itemized PDF that survives the Oregon 31-day clock and the 2× damages math. That’s the operating discipline that survives Oregon’s procedurally-strict regime — in the FED courtroom, in the BOLI complaint hearing, and in the deposit disposition that nobody ever has to litigate.