What a Landlord Cannot Do in Oregon? – Rental Awareness

In Oregon, landlords cannot discriminate against tenants based on factors including race, religion, sex, sexual orientation, and familial status.

They also cannot retaliate against tenants for exercising their legal rights, entering a rental unit without proper notice and consent, or withholding essential services such as heat and water.

Violating these laws can lead to legal trouble and financial consequences for landlords. Therefore, it is essential to familiarize yourself with what you can and cannot do as a landlord in Oregon.

This article will provide an overview of what a landlord cannot do in Oregon to help you stay compliant with state laws and regulations.

Discrimination And Tenant Screening

Explanation Of The Fair Housing Act

In Oregon, landlords must follow the federal fair housing act (FHA), which forbids discrimination against tenants based on their race, color, national origin, religion, sex, familial status, or disability.

This law extends to all aspects of the tenant-landlord relationship, including advertising, screening, leasing, and eviction.

What Constitutes Discrimination And How To Avoid It

Discrimination can take many forms, both intentional and unintentional. As a landlord, it is crucial to be aware of these practices to avoid breaking any fair housing laws. Here are some examples of things landlords cannot do:

• Refuse to rent or negotiate rental terms because of a tenant’s protected class status.
• Ask for different lease terms or rent amounts based on a tenant’s protected class status.
• Impose different application or screening standards based on a tenant’s protected class status.
• Intimidate, threaten, or interfere with a tenant’s right to enjoy their home based on their protected class status.

To avoid discrimination, landlords must treat all tenants equally and consistently. They should have objective screening criteria and not discriminate against any protected classes.

Legal Tenant Screening Practices

Tenant screening is an essential process every landlord must follow to ensure their property remains well-maintained and their tenants can afford the rent.

However, landlords must conduct tenant screening in compliance with fair housing laws. Legal tenant screening includes:

• Having a written screening criteria policy and applying it to every applicant.
• Requesting the same information and background check from every applicant.
• Not asking for a tenant’s protected class status.
• Providing written notice, explaining the reasons for denying an application.

Rent And Security Deposits

As a landlord in Oregon, it is crucial to know what you can and cannot do when it comes to renting and security deposits. Here are some important things to keep in mind:

Maximum Allowed Rent Increases

• Oregon has put a cap on how much landlords can increase rent annually, and the limit is currently at 9.2%.
• Landlords cannot increase rent during the first year of a tenant’s lease unless there is a pre-existing agreement stating otherwise.
• Consecutive rent increases are limited to once per year.

Rent Control Laws In Oregon

• Currently, there is no statewide rent control law in Oregon. However, some cities and counties have enacted their own rent control laws.
• Portland, for example, has a renter protection policy that limits annual rent increases to 10% and requires landlords to provide a 90-day notice.

Limits On Security Deposit Amounts And How They Can Be Used

• In Oregon, landlords can charge up to one month’s rent as a security deposit.
• The security deposit must be returned within 31 days of the tenant moving out.
• The landlord can only deduct from the security deposit for specific reasons, such as unpaid rent or damages beyond normal wear and tear.
• Landlords must provide an itemized statement of deductions along with any remaining refund within that 31-day period.

Repairs And Maintenance

Rental agreements can be a tricky business. Landlords must protect their investments, but that shouldn’t come at the cost of a tenant’s safety, comfort, or well-being.

Therefore, the state of Oregon has set out certain laws to ensure landlords uphold their responsibilities when it comes to repairs and maintenance.

Let’s discuss the three most important things to remember when it comes to this topic.

Landlord Responsibilities For Repairs And Maintenance

As per Oregon law, landlords must maintain their rental properties to certain standards. The following are the landlord’s responsibilities regarding repairs and maintenance:

• Providing the tenant with a habitable dwelling, free from structural defects that could lead to health and safety issues.
• Performing regular maintenance on necessary items such as roofs, windows, and plumbing fixtures.
• Fixing issues that could lead to an unsafe living environment, such as a broken furnace or water heater.
• Making repairs within a “reasonable” timeframe after being notified by the tenant.
• Keeping common areas safe and hazard-free.

Tenant Rights To Request Repairs

Tenants in Oregon have the right to live comfortably and safely. Part of this includes the ability to request repairs from their landlord without the fear of retaliation. The following is what tenants need to know concerning requesting repairs:

• As soon as you notice something needing repair, notify your landlord in writing.
• Be specific about the details so the landlord can rectify the issue accurately.
• The landlord must respond to the request within “reasonable” timeframes.
• If the landlord fails to make repairs, consult with an attorney before withholding rent.

Consequences For Failing To Make Necessary Repairs

Landlords who fail to provide habitable living conditions can face consequences. The following are some things a landlord may face due to failing to make necessary repairs:

• A tenant may break their lease without penalty.
• A tenant may file a lawsuit against the landlord for “breach of warranty of habitability.”
• The property may be reported to government agencies, and the landlord may face fines.
• The property may be deemed unfit for living conditions and may be temporarily or permanently shut down.

Frequently Asked Questions Of What A Landlord Cannot Do In Oregon?

Conclusion

Navigating the complexities of Oregon’s landlord-tenant laws, you’re empowered. Understanding that a landlord can’t violate your privacy, discriminate against you, or illegally evict you, you can confidently assert your rights. You’re not just a tenant; you’re an informed and protected resident in the state of Oregon.

Reference
https://www.oregonlegislature.gov/lpro/Publications/LandlordTenantRights.pdf