Oregon Apartment Lease Agreement

Legal Aspects 

Whether written or oral, there are specific laws you should follow when drafting apartment leases. 

Security Deposit

• Security deposits have no statutory limits on how much they can be. However, tenants can request the lessor provide a receipt within two (2) weeks of receiving the deposit.
• Lessors don’t need to bear or pay interest on the deposit or hold it in a separate account from their other funds.
• A landlord must provide an itemized deductions list when returning the security deposit within 31 days of the lease’s termination.

Entry and Access 

• Unless there’s an emergency, the landlord must provide a 24-hour notice period before entering the property. Further, they require the tenant’s consent.
• Lessees can’t reasonably withhold consent when the landlord must enter the premises for maintenance, inspections, or repairs. However, landlords can’t abuse their access rights by harassing the tenant.
• In emergencies, the lessor can enter the property without the notice period or the lessee’s consent.

Pets Policy 

• Landlords have the right to refuse pets in their apartments. Further, apartments are subject to the building’s terms, which the landlord doesn’t always have control over.
• Lessors can require pet deposits or have a separate pet addendum that defines which animals can stay on the property.
• If tenants have other pets they didn’t declare on the property, then a pet penalty fee can apply. 
• Should pets that are capable of causing damage to the apartment or persons be on the property, the landlord can terminate the lease after 10 days with written notice of the violation. 
• These terms don’t apply to service or companion animals. However, lessors can ask for documentation that proves the animal is necessary for the lessee’s disability.

Disclosures 

There are quite a few disclosures you must also add:

• Identification: There must be a notice about the managing agent’s name and address.
• Legal Notices: If landlords have a housing unit that contains four (4) or more units, they must disclose any outstanding or pending legal notices.
• Common Utilities: The landlord must state in the contract if the tenant is responsible for any common areas.
• Carbon Monoxide: If any units in the building emit carbon monoxide, the lessor should install a tester in the apartment. The lessee must also sign the disclosure form stating they know it.
• Flood Map: The tenant must know if the apartment is in a flood zone.
• Recycling: Should the property be in an urban growth boundary and have four (4) or more units, the lessor must inform the tenant about the opportunity to recycle.
• Smoking Policy: The landlord must inform the lessee about any smoking policies for the building and apartment.
• Lead-Based Paint: Landlords should notify tenants about lead-based paints in buildings older than 1978.

Moreover, there are a few other disclosures you must add if the property is located in Portland, Oregon, as follows:

• Condition Report Form (Move-in Checklist): Either the landlord or the tenant must complete this form. It’ll ensure that a proper report is made to accurately calculate any potential damages made by the tenant upon vacating the premises. This report must be done within seven (7) days of moving into the property. 
• Security Deposit Receipt: Unlike the rest of Oregon, in Portland, landlords must provide the tenant with a security deposit receipt within two (2) weeks of moving into the property. The landlord must provide the name and address of where the security deposit is held, as well as if it’s in a non-interest or interest-barring account.