Oregon Tenant Rights

Oregon law strictly prohibits landlords from using self-help measures to evict tenants. A landlord cannot willfully exclude the tenant from the premises by changing locks, boarding up doors or windows, shutting off utilities (including water, electricity, heat, and gas), removing the tenant's personal property, or taking any other action to make the premises uninhabitable as a means of forcing the tenant to leave. These prohibitions apply regardless of whether the tenant owes back rent or has violated the lease. The only legal way to remove a tenant in Oregon is through the formal court eviction process (forcible entry and detainer). If a landlord engages in any self-help eviction tactic, the tenant may sue for actual damages or two months' rent, whichever is greater, plus reasonable attorney's fees. The court may also order the landlord to restore the tenant's access to the unit. A landlord who repeatedly violates this provision may face additional penalties.

Oregon was the first state in the nation to enact statewide just cause eviction protections through Senate Bill 608 in 2019. After the first year of a tenancy, a landlord may only terminate a month-to-month tenancy for cause (such as nonpayment of rent, material lease violation, or the tenant causing damage) or for certain qualifying no-cause reasons. Qualifying no-cause reasons include the landlord or an immediate family member intending to occupy the unit, the landlord intending to make major renovations requiring vacancy, the landlord demolishing the unit, or the landlord withdrawing the unit from the rental market. For no-cause qualifying terminations, the landlord must provide 90 days' written notice and pay relocation assistance equal to one month's rent. During the first year of a tenancy, the landlord may terminate a month-to-month tenancy with 30 days' notice without cause. For nonpayment of rent, the landlord must give at least 10 days' notice before filing for eviction. These protections do not apply to certain exempted properties, such as owner-occupied homes with a single tenant.

Oregon law regulates how landlords handle security deposits. A landlord must return the tenant's security deposit within 31 days after the tenancy terminates and the tenant delivers possession. The landlord must provide a written accounting that itemizes each deduction, including the amount and the specific reason for each charge. Allowable deductions include unpaid rent, repair of damages beyond normal wear and tear, and cleaning necessary to restore the unit to its condition at move-in (minus normal wear and tear). If the landlord fails to return the deposit or provide an accounting within 31 days, the landlord forfeits any right to withhold any portion and must return the full deposit. A tenant can recover up to twice the amount wrongfully withheld if the landlord acted in bad faith. The landlord must give the tenant a written statement of the condition of the unit at the start of the tenancy, and the tenant has the right to be present at a move-out inspection. Oregon does not set a statutory maximum on security deposit amounts, but prepaid rent cannot exceed the equivalent of the deposit.

Portland has enacted regulations that limit the financial burden landlords can impose on tenants at move-in and during the screening process. Under Portland's ordinance, landlords must provide applicants with written screening criteria before accepting an application, and the screening criteria must be applied consistently to all applicants. The city limits application screening fees to the landlord's actual cost of conducting the screening. Portland also requires landlords to accept a tenant's screening report if it was prepared within the prior 30 days by a consumer reporting agency, reducing the need for tenants to pay multiple screening fees. Under Oregon state law (ORS 90.300), which applies in Portland, security deposits are not capped at a specific dollar amount, but the landlord must return the deposit within 31 days of the tenant vacating, accompanied by an itemized written accounting of any deductions. Portland's regulations require landlords to provide a written statement at the start of the tenancy describing the condition of the unit. Additionally, Portland prohibits landlords from requiring tenants to pay nonrefundable move-in fees unless specifically authorized, and requires that all charges be clearly disclosed before the tenant signs the rental agreement.

Oregon law imposes a duty on landlords to maintain rental properties in a habitable and safe condition at all times during the tenancy. The landlord must comply with all applicable building and housing codes that materially affect health and safety, make all repairs necessary to keep the premises in a habitable condition, keep common areas clean and safe, maintain all electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good working order, provide adequate weatherproofing, and supply running water and reasonable amounts of hot water at all times. The landlord must also provide and maintain appropriate receptacles for garbage and arrange for its removal. If the landlord fails to maintain the property, the tenant can give written notice specifying the problems and allow the landlord a reasonable time to repair (generally 30 days for non-emergency issues, or 7 days for issues affecting essential services like heat, water, or electricity). If the landlord does not make repairs, the tenant may pursue remedies including rent reduction, repair and deduct, or lease termination.

When an Oregon landlord fails to maintain the rental property in habitable condition, tenants have several statutory remedies. If the landlord does not make essential repairs within a reasonable time after receiving written notice (typically 30 days for non-emergency matters, or 7 days for essential services like heat, water, or electricity), the tenant may: (1) procure reasonable substitute housing and reduce rent proportionally during the period of displacement; (2) make the repairs themselves and deduct the cost from rent, provided the cost does not exceed one month's rent; (3) pursue damages through the courts; or (4) terminate the rental agreement if the condition substantially impairs health and safety. For essential services failures (no heat in winter, no water, no electricity), the timeline is shortened — the tenant may take action after just 48 hours if the condition materially affects health and safety. The tenant must act in good faith and the cost of repairs must be reasonable. These remedies are not exclusive; the tenant may also have additional claims under other statutes or common law.

Oregon law protects tenants by voiding certain unfair lease provisions. A rental agreement may not include provisions that waive or limit a tenant's rights under the Oregon Residential Landlord and Tenant Act. Specifically, landlords cannot include clauses that require tenants to waive their right to habitable premises, waive their right to security deposit protections, agree to pay the landlord's attorney's fees (unless the clause is mutual), agree to a penalty for late rent that exceeds a reasonable amount, or waive the right to a court process for eviction. Any provision that allows the landlord to confess judgment on behalf of the tenant or limits the landlord's liability for actions that the landlord is legally responsible for is also void. Oregon also prohibits rental agreements from containing provisions that waive the tenant's right to call police or emergency services. If a landlord includes a void provision in a lease and attempts to enforce it, the tenant may recover damages and attorney's fees.

Portland's Civil Rights Code prohibits discrimination in housing on a broad set of protected grounds that goes beyond federal and Oregon state law. Portland specifically prohibits landlords from discriminating against tenants based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, familial status, marital status, age, and source of income. The source of income protection is particularly significant for Portland tenants, as it prohibits landlords from refusing to rent to tenants who use Section 8 Housing Choice Vouchers, other government subsidies, social security, child support, or any other lawful source of income to pay rent. Landlords cannot advertise that voucher holders need not apply, cannot refuse to complete the paperwork required for voucher programs, and cannot charge higher screening standards for voucher holders than for other applicants. Portland's Office of Community and Civic Life handles fair housing complaints, and violations can result in civil penalties, injunctive relief, and damages including emotional distress. The city also conducts fair housing testing and auditing programs to proactively identify discrimination in the rental market.

Oregon's fair housing law prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status (having children), disability, or source of income. Notably, Oregon was one of the first states to explicitly protect tenants who use housing choice vouchers (Section 8) or other lawful sources of income. A landlord cannot refuse to rent, set different terms or conditions, misrepresent availability, or otherwise discriminate based on any protected class. Landlords must make reasonable accommodations for tenants with disabilities and allow reasonable modifications to the premises. Oregon's protections for domestic violence survivors are also significant — a landlord cannot refuse to rent to a person or terminate a tenancy because the person is a survivor of domestic violence. Complaints can be filed with the Bureau of Labor and Industries (BOLI) within one year. Remedies include actual damages, emotional distress damages, injunctive relief, civil penalties, and attorney's fees.

Oregon law provides strong protections against landlord retaliation. A landlord may not retaliate by increasing rent, decreasing services, filing or threatening to file for eviction, or refusing to renew a rental agreement because a tenant has complained to a government agency about code violations, complained to the landlord about the duty to maintain the premises, organized or become a member of a tenants' union, testified against the landlord in a legal proceeding, or asserted any right under the landlord-tenant law. If a landlord takes a retaliatory action within six months of the tenant's protected activity, there is a rebuttable presumption that the action was retaliatory. The tenant may use retaliation as a defense to an eviction action and may also bring a separate action for damages. If the tenant prevails, they may recover up to six months' rent in damages, plus attorney's fees. The anti-retaliation protection does not apply if the tenant was in default on rent at the time of the protected activity or if the landlord can demonstrate a valid, non-retaliatory reason for the action.

Oregon law carefully balances a landlord's need to access rental property with a tenant's right to privacy. A landlord may enter a tenant's dwelling unit only for specific reasons: to make agreed-upon or necessary repairs, to supply necessary or agreed-upon services, to conduct a move-out inspection, to show the unit to prospective tenants or purchasers, or in case of emergency. For non-emergency entry, the landlord must provide at least 24 hours' written notice and entry must occur at a reasonable time (generally during normal business hours). The notice must state the date, approximate time, and purpose of the entry. The tenant cannot unreasonably withhold consent, but repeated, unnecessary entries may be considered harassment. In a genuine emergency — such as a fire, major water leak, or suspected gas leak — the landlord may enter without notice. If a landlord abuses the right of entry by entering too frequently, at unreasonable times, or without proper notice, the tenant can obtain injunctive relief and recover damages equal to one month's rent plus attorney's fees.

Oregon enacted statewide rent stabilization through Senate Bill 608 in 2019, becoming one of the first states with a rent cap. Landlords cannot increase rent by more than 7% plus the annual Consumer Price Index (CPI) change within any 12-month period. For example, if the CPI increase for a given year is 3%, the maximum allowable rent increase would be 10%. The landlord must provide at least 90 days' written notice before any rent increase takes effect. This cap applies to most residential rental units that are 15 years old or older. It does not apply to newly constructed buildings (less than 15 years old), government-subsidized housing where rent is regulated, or units where the landlord is providing the first year of occupancy to the current tenant. If a landlord raises rent in excess of the allowed amount, the tenant can seek damages. Any rent increase that violates the cap is void and the landlord must refund any excess rent collected.

Oregon became the first state in the nation to enact statewide rent stabilization when it passed Senate Bill 608 in 2019, and these protections apply throughout Portland. Under this law, landlords may not increase rent during the first year of a tenancy. After the first year, annual rent increases are capped at 7% plus the Consumer Price Index (CPI) for the West region, as published by the Bureau of Labor Statistics. For example, if the CPI increase is 3%, the maximum allowable rent increase would be 10% for that year. However, there is a maximum cap of 10% regardless of CPI. This rent stabilization applies to most residential rental units that are 15 years old or older. Newer buildings (less than 15 years from the date of first certificate of occupancy) are exempt from the rent increase cap, though landlords of exempt units must still provide the required notice period before any increase takes effect. In Portland, landlords must comply with both the state rent cap and the city's relocation assistance requirement, meaning that even when a rent increase is within the legal limit, if it exceeds 10% in a 12-month period, the landlord must pay relocation assistance. Tenants who believe they have received an unlawful rent increase may file a complaint with the Oregon Department of Justice.