What Oregon landlord-tenant law covers
Oregon’s Residential Landlord and Tenant Act, ORS chapter 90, governs nearly every apartment lease in the state and sets the rules on notices, deposits, fees, entry, rent increases and evictions. Most of its protections cannot be waived in a lease.
The law changes often. The Legislature has amended chapter 90 many times since 2019, when Senate Bill 608 made Oregon the first state with statewide rent stabilization and just-cause rules. Portland adds its own requirements on top of the state law, covering screening, deposits and relocation payments, so a Portland owner has two sets of rules to follow. Where the city rule is stricter, follow the city rule, and check the Portland Housing Bureau’s current requirements before serving any notice.
Oregon landlord-tenant rules at a glance
The table summarizes the rules an apartment owner deals with most, as of October 2026. The sections below explain the details and exceptions.
| Rule | Oregon requirement | Where it comes from |
|---|---|---|
| Month-to-month, first year | 30 days’ written notice, no reason needed | ORS 90.427 |
| Month-to-month, after first year | Tenant cause, or a qualifying landlord reason with 90 days’ notice and one month’s rent (owners of 4 or fewer units exempt from the payment) | ORS 90.427 (SB 608, 2019) |
| Nonpayment of rent | 10 days’ notice served no sooner than the 8th day, or 13 days’ notice served on or after the 5th day | HB 2001 (2023) |
| Security deposit cap | No dollar cap; no new or increased deposit during the first year, with limited exceptions | ORS 90.300 |
| Deposit return | 31 days after the tenancy ends and possession is returned, with a written accounting | ORS 90.300 |
| Late fees | Only after the end of the 4th day of the rental period and only if in the written agreement | ORS 90.260 |
| Entry notice | At least 24 hours’ actual notice, at reasonable times; emergencies excepted | ORS 90.322 |
| Rent increases | Capped at 9.5% in 2026 and 10% in 2027; none in the first year; 90 days’ written notice | ORS 90.323 (SB 611, 2023) |
How much notice does a landlord have to give in Oregon?
During the first year of occupancy, a landlord can end a month-to-month tenancy with 30 days’ written notice and no stated reason. After the first year, the landlord needs either tenant cause or one of four qualifying landlord reasons.
The qualifying reasons are demolition or conversion of the unit to another use, repairs that make the unit unfit to live in, the owner or an immediate family member moving in, and a sale to a buyer who will live in the unit as a primary residence. Each requires 90 days’ written notice and, unless the landlord has four or fewer units, a relocation payment equal to one month’s rent.
Owner-occupied property with two or fewer units follows different rules, including a 60-day notice in some cases. Fixed-term leases have their own rules after the first year and often roll to month-to-month instead of ending.
Nonpayment notices
An Oregon landlord can terminate for unpaid rent with a 10-day notice served no sooner than the 8th day of the rental period, or a 13-day notice served on or after the 5th day. Those periods were set by House Bill 2001 in 2023. If the tenant pays the full amount demanded before the notice runs out, the tenancy continues.
From September 1, 2025 to September 28, 2027, Senate Bill 690 lets a qualifying tenant ask to delay a nonpayment trial by up to 90 days. To qualify, the household must include an infant under 12 months and be approved for Oregon Health Plan housing supports. A late fee alone is never grounds for a nonpayment termination.
Security deposit rules in Oregon
Oregon sets no maximum on the amount of a security deposit, but a landlord cannot ask for a new deposit or increase an existing one during the first year of a tenancy, apart from a few narrow exceptions. The deposit must be returned within 31 days after the tenancy ends and the tenant gives back possession, along with a written accounting of any deductions.
Getting it wrong is expensive. A tenant can recover twice the amount wrongfully withheld. House Bill 3251, effective January 1, 2026, adds a rule that the deposit must be returned if the tenant never moves in because of habitability defects in the unit.
Late fee rules
A late fee is allowed only if the rent has not been received by the end of the 4th day of the rental period and the fee is written into the rental agreement. Oregon gives landlords three ways to charge it.
- A flat fee that is reasonable, meaning customary for the local market, charged once per rental period.
- A daily fee starting on day 5, capped at 6% of a reasonable flat fee per day.
- A fee of 5% of the periodic rent for each five-day period the rent stays unpaid.
- Changing the late fee policy requires 30 days’ written notice.
Landlord entry rules
Under ORS 90.322 the landlord must give at least 24 hours’ actual notice before entering and may enter only at reasonable times. The tenant can deny consent after receiving notice. In an emergency, such as a leak likely to cause serious damage, the landlord can enter without notice and must tell an absent tenant within 24 hours afterward.
Showing units to buyers is the entry question that comes up during a sale. The statute allows entry without notice to show a unit to a prospective buyer only under a separate signed written agreement with the tenant, made while the owner is actively selling and for separate consideration. Without that, give 24 hours’ notice for every showing and inspection.
The eviction process in Oregon
Oregon calls an eviction a residential eviction case, formerly known as Forcible Entry and Detainer (FED), and it runs through the circuit court in the county where the property sits. A contested case usually takes about three to eight weeks from filing, plus the notice period before filing.
| Step | Typical timing |
|---|---|
| Termination notice (nonpayment) | 10 or 13 days |
| File the complaint; first appearance set | About 7 to 15 days after filing |
| Trial if the tenant contests | Within about 15 to 30 days of the first appearance |
| Judgment; notice of restitution served | Tenant has 4 days to move |
| Writ deadline | Must issue within 60 days of judgment |
Rent control in Oregon
Oregon has a statewide rent cap. Under SB 608 (2019) and SB 611 (2023), the most a landlord can raise rent in any 12 months is the lower of 10% or 7% plus inflation, and the Department of Administrative Services set the 2026 cap at 9.5%. On September 28, 2026, it set the 2027 cap at 10%. No increase is allowed in the first year of a tenancy, and every increase needs 90 days’ written notice.
Units whose first certificate of occupancy is less than 15 years old are exempt, as are regulated affordable units. Manufactured home parks and floating home marinas with more than 30 spaces have a separate 6% cap for 2026 under House Bill 3054 (2025).
For a seller, the cap shapes what a buyer will pay. Our guide to selling an apartment building under Oregon’s rent cap is the deeper read on that question: how the 15-year exemption moves each year, how turnover resets rents, how Portland’s relocation rules change value and how we underwrite capped buildings.
What happens to leases and deposits when you sell
In Oregon, existing leases survive a sale, and the buyer takes the building subject to every tenancy in place. A sale to an investor is not a reason to end a tenancy. The only sale-related landlord reason is a sale to a buyer who will live in the unit as a primary residence, which seldom applies to an apartment building.
Senate Bill 586, effective September 26, 2025, lets a landlord give 60 days’ notice instead of 90 for that buyer-occupant reason if the tenant is paid one month’s rent. The option does not apply in Portland.
The usual practice at closing is to credit tenant deposits and prepaid rent to the buyer on the settlement statement and send each tenant a written notice naming the new owner and where to pay rent. The buyer then takes over the 31-day return duty when each tenancy ends. Hand over the rent increase history too, since the 12-month cap and the first-year rules follow the tenancy, not the owner.
Oregon landlord-tenant law changes in 2025 and 2026
The 2025 session added several rules that apartment owners now need in their procedures.
- 2026 rent cap set at 9.5% by the Department of Administrative Services; the 2027 cap, published September 28, 2026, is 10%.
- HB 3054 (2025): 6% cap for 2026 in manufactured home parks and marinas with more than 30 spaces.
- SB 586, effective September 26, 2025: 60-day notice option with one month’s rent when selling to a buyer-occupant, outside Portland.
- SB 690, effective September 1, 2025 through September 28, 2027: up to a 90-day delay of nonpayment trials for qualifying tenants with an infant who are approved for Oregon Health Plan housing supports.
- SB 599, effective June 6, 2025: bars screening applicants on immigration status.
- HB 3251 and HB 2134, effective January 1, 2026: deposit return when habitability defects prevent move-in, and limits on termination fees after an ORS 90.427 notice.
Selling an Oregon apartment building with tenants in place
Skyline buys apartment buildings with five or more units in Oregon, occupied and as-is. We buy directly, close on your timeline, and can work inside 1031 deadlines. You don’t need to clear out tenants, resolve every late payment or finish a pending eviction before we make an offer.
Before a sale, see Oregon capital gains tax on real estate for the tax on the gain, and the 1031 exchange in Oregon if you plan to reinvest.
