What clauses are legally required in every Oregon lease agreement?
Every Oregon lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Oregon then requires a smoking policy in every rental agreement (ORS 90.220), the landlord/agent disclosure (ORS 90.305), and, where applicable, a floodplain disclosure. Because the rent cap and for-cause rules are statutory and non-waivable, a lease cannot contract around them.
Oregon security deposit rules — the 31-day return
Oregon sets no deposit cap, but ORS 90.300 regulates handling and return:
- No cap on the deposit amount (some cities add limits).
- Separate handling: the deposit may not be commingled with the landlord's personal funds.
- Return: within 31 days after the tenancy ends and the tenant delivers possession, the landlord must return the deposit and give a written accounting of any deductions.
- Penalty: a landlord who withholds in bad faith is liable for twice the amount wrongfully withheld.
For a multi-state comparison, see security deposit rules every landlord must know.
The statewide rent cap and 90-day rent-increase notice
Oregon caps annual rent increases (ORS 90.323, from SB 608 and SB 611):
- Cap: the maximum annual increase is the lesser of 10% or 7% + the West-region CPI. The Department of Administrative Services publishes the figure each year — it is 9.5% for 2026 (it was 10.0% in 2024 and 2025). A separate 6% cap applies only to large manufactured-home facilities.
- No increase in the first 12 months of a tenancy (except week-to-week).
- New construction is exempt from the cap for 15 years from the first certificate of occupancy, if the notice states the exemption.
- Notice: a rent increase requires 90 days' written notice, and rent may be raised only once in any 12-month period.
Oregon is one of three states with a statewide cap — compare our Washington and California guides.
For-cause termination and nonpayment notices in Oregon
Ending a tenancy (ORS 90.427): during the first 12 months of a month-to-month tenancy, a landlord may terminate without cause on 30 days' written notice. After 12 months, a landlord generally may not terminate without cause — termination requires either tenant cause or a qualifying landlord (no-fault) reason such as landlord/family move-in, sale to a buyer who will occupy, or demolition/major repair, with 90 days' notice and (for landlords who own more than four units) one month's rent in relocation assistance. The older "60-day no-cause" option no longer exists after the first year.
Nonpayment (ORS 90.394): the landlord may serve a 10-day notice (no sooner than the 8th day of the rental period) or a 13-day notice (no sooner than the 5th day). Self-help eviction is unlawful.
What disclosures must Oregon landlords provide?
Oregon's required disclosures:
- Smoking policy (ORS 90.220): every rental agreement must describe the smoking policy.
- Landlord / agent identity (ORS 90.305): the owner and the person authorized to manage, in writing at the start.
- 100-year floodplain (ORS 90.228): if the dwelling is in a 100-year floodplain, the landlord must disclose it; failure lets the tenant recover the lesser of actual uninsured flood loss or two months' rent.
- Carbon-monoxide alarm (ORS 90.316): required where there is a CO source, with testing instructions and working batteries.
- Recycling (ORS 90.318): information on available recycling service where it exists.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if an Oregon lease is missing required terms?
Oregon's remedies are strong:
- Rent increase over the cap or with short notice: unenforceable, and the tenant may recover three months' rent plus actual damages for a violation (ORS 90.323/90.427).
- Terminating without cause after 12 months: unlawful and exposes the landlord to damages.
- Deposit not returned/accounted within 31 days: up to twice the amount wrongfully withheld (ORS 90.300).
- Missing floodplain disclosure: the tenant may recover the lesser of the uninsured flood loss or two months' rent (ORS 90.228).
Managing rentals in more than one state? Compare Oregon's rules with our Washington and Colorado lease requirement guides.
Full Oregon disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Oregon landlord must give at signing, see our Oregon required lease disclosures checklist.
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Create your Oregon lease agreement →Frequently asked questions
What is the Oregon rent increase cap for 2026?
9.5% for 2026. Oregon caps annual rent increases at the lesser of 10% or 7% plus the West-region CPI, and the Department of Administrative Services publishes the figure each year (ORS 90.323). No increase is allowed in the first 12 months of a tenancy.
Is there a security deposit limit in Oregon?
No. Oregon does not cap the deposit amount, but it may not be commingled with the landlord's funds and must be returned with a written accounting within 31 days of move-out; bad-faith withholding costs twice the amount (ORS 90.300).
How much notice is required to raise rent in Oregon?
Ninety days' written notice, and rent may be raised only once in any 12-month period (ORS 90.323). The notice must state the effective date and any new-construction exemption.
Can an Oregon landlord end a tenancy without cause?
Only in the first 12 months of a month-to-month tenancy (30 days' notice). After 12 months a landlord generally needs cause or a qualifying no-fault reason with 90 days' notice and, for larger landlords, one month's relocation assistance (ORS 90.427).
How much notice is required for nonpayment of rent in Oregon?
A 10-day notice (given no sooner than the 8th day of the rental period) or a 13-day notice (given no sooner than the 5th day) (ORS 90.394).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.