Landlords and tenants seeking a temporary arrangement may consider a month-to-month lease agreement, but what is it? Has Oregon imposed regulations on this type of lease contract? Read on to find everything you need to know about it.
Oregon Month-to-Month Lease Agreement
This rental contract is legally binding and allows property owners and lessees to enter into a month-to-month lease agreement. Therefore, both parties are granted full rights by the Oregon landlord-tenant laws.
Tenants must pay rent on time, keep the premises clean and in excellent condition, and follow all rules established by the landlord. Additionally, property owners must make sure the unit is habitable and safe.
Legal Disclosures You Must Include in Oregon Rental Lease Agreements
Like the standard lease agreement, this document must include the following disclosures:
- Carbon Monoxide Alarm Instructions: Landlords must inform prospective tenants if the property contains any source of carbon monoxide. In addition, they must install a detector and provide a pamphlet describing how to operate it.
- 100-Year Flood Plain: Property owners must also disclose if the property is in a 100-year flood plain.
- Condition Report (City of Portland Only): Tenants must complete a condition report that landlords must include in the lease contract seven days after the agreement is effective. It's necessary if property owners receive the security deposit.
- Disclosure of Legal Proceedings: Tenants should be aware of the legal proceedings regarding the rental property.
- Identity Disclosure: Landlords must share the name and address of anyone who receives notices, demands, or other documents on their behalf.
- Recycling Instructions: Property owners must provide recycling instructions if the premises consist of five or more units and are located within an urban growth boundary.
- Lead-based Paint Disclosure: Landlords must disclose if there's lead-based paint on the property if it was built before 1978.
- Smoking Policy: The document must indicate whether or not tenants can smoke in the rental unit.
- Utility and Service Disclosure: The document must include information about utilities that the tenant must pay and may benefit the landlord or other tenants.
In Oregon, either the landlord or the tenant can terminate a month-to-month lease without cause by serving a 30 days' written notice during the first year of occupancy.
However, after that period, landlords must have legal cause to terminate the tenancy. These are the types of notices that can be sent to tenants:
- 30 days' notice for the sale of the property
- 24 hours' notice if the dwelling unit violates housing codes
- 30 days' notice for a material violation
- 72 hours' notice if tenants do not pay rent eight days after it's due
- 144 hours' notice for failure to comply with the monthly rental payment five days after it's due
- 24 hours' notice if a person has been substantially harmed or is in danger
- 24 hours' notice for drug and alcohol violations
- 10 days' notice if tenants have unpermitted pets on the property
- 24 hours' notice for group home recovery termination
- 24 hours' notice for a criminal act involving physical violence
Note: Portland and Milwaukie may require 90 days' notices from landlords who want to terminate month-to-month lease agreements.
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- ORS 90-385 – Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases
- Termination of tenancy without tenant cause; effect of termination notice
- Effect of rental of dwelling in violation of building or housing codes
- 100-Year Flood Plain Rule
- Carbon Monoxide Alarm Instructions Rule
- Condition Report Rule (City of Portland)
- Federal Lead Disclosure Rule
- Disclosure of Legal Proceedings Rule
- Identity Disclosure Rule
- Recycling Instructions Rule
- Smoking Policy Rule
- Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment
- Utility and Service Disclosure Rule
Should I Give Notice if I Plan to Raise the Rent?
Yes, according to Oregon law, you must give the tenant a 90 days' notice if you plan to increase the rent. Also, you can only raise it after the first year of tenancy.
In this state, a property owner may not increase rent above 7% plus the consumer price index (CPI) each year.
How Should I Deliver a Rent Increase Notice in Oregon?
You can deliver the notice in person or by first-class mail.
Can I Evict Month-to-Month Tenants in Oregon?
Yes, you can! If a tenant remains in the property after you serve the termination notice and the period expires, you can start the eviction process.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.