Most Commonly Used Oregon Lease Agreements
The most commonly used Oregon rental lease agreements are the standard residential agreements, the month-to-month agreement, the roommate agreement, a lease to own agreement, a sublease agreement, and a commercial lease agreement.
While all of the most commonly used Oregon lease agreements share many of the same elements, they also have some distinct differences.
- For example, a roommate agreement may outline which areas of the rental unit or apartment are for exclusive use of the roommate and which areas may be used by all of the residents.
- Standard residential lease agreement may be for a year, and upon termination of that year, switch to a month-to-month or automatically renew. However, it may be similar to a month-to-month lease in some ways. For instance, both may require a 30 day written notice to move out at the end of the agreement if the tenant and landlord do not plan to renew their agreement.
How to Write an Oregon Lease Agreement
Oregon lease agreements must adhere to Oregon landlord-tenant laws or they are unenforceable. There are a lot of different laws that you must consider. You’ll learn more about many of them under the sections related to disclosures and security deposits.
Before you sign an Oregon lease agreement, make sure that you read the terms. You also have the right to an attorney review an Oregon lease agreement before you sign it.
An Oregon lease agreement needs to include:
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Names of the Parties - This is the landlord’s full name or the property management’s company’s legal business name and the legal name of the tenant(s).
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Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold legal possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease begins, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair any damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the full name of each tenant even if they are a minor or they are not signing the lease. This part of an Oregon Montana residential lease agreement establishes who will reside in the unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this space.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that haven’t been included in any other section of the lease agreement.
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Signature and Date - This document should be signed and dated by all parties.
Which Disclosures Belong in an Oregon Lease Agreement?
There are several disclosures that must be made in Oregon lease agreements:
- The landlord must disclose whether anyone can act on their behalf or allowed into the leased premises on their behalf.
- The landlord must disclose if the property has a carbon monoxide source such as a heater or appliance. If so, they must include carbon monoxide alarms. Battery operated alarms must have the batteries provided by the landlord.
- The non sufficient funds fee (NSF), if charged, must be mentioned in the lease. It may not exceed $35.
- If the property is in the 100-year flood plain, that must be disclosed to the tenant.
- The landlord must disclose outstanding notices and pending lawsuits to the tenant if the property has four or fewer residential units.
- If the rental property has four or more rental units and is in the Urban Growth Boundary, the landlord must provide information on recycling.
- Landlords must provide a Smoking Policy Guide. It must be initialed and signed by the tenant
- It must be disclosed to the tenant if the landlord or other tenants benefit from fees paid.
- The landlord must provide at least 24 hours of notice to the tenant before they enter the property for a non-emergency reason.
- If the residential unit was built before 1978, the landlord must disclose the possibility of lead paint.
What You Need to Know About Oregon Lease Agreement Deposits
Under state law, there is no maximum on how much money an Oregon landlord may request as a security deposit. The landlord must return the security deposit within 31 days of the end of the lease.