Oregon Tenant Rights
Habitability · quiet enjoyment · retaliation · entry notice · security deposits · anti-discrimination, under ORS § 90 (Residential Landlord and Tenant)
Habitability · quiet enjoyment · retaliation · entry notice · security deposits · anti-discrimination, under ORS § 90 (Residential Landlord and Tenant)
Every landlord operating rental property in Oregon is legally required to uphold the tenant rights established by state statute and local ordinance, regardless of what the lease says. Tenant rights that are guaranteed by law cannot be waived by the tenant in a lease agreement. Landlords who are unaware of these obligations face dismissed eviction cases, habitability claims, fair housing investigations, and statutory penalties that can significantly exceed the underlying rent dispute.
| Just cause required for eviction | Yes | |
| Rent increase cap (statewide) | 7%+CPI, max 10% | |
| Retaliation prohibition | Prohibited statewide | ORS § 90.385 |
| Implied warranty of habitability | Required statewide | ORS § 90.320 |
| Entry notice required (non-emergency) | 24 hours written notice | ORS § 90 (Residential Landlord and Tenant) |
| Source-of-income (Section 8) protection | Yes, voucher holders protected | ORS § 90 (Residential Landlord and Tenant) |
Oregon: first statewide rent control + just-cause law; just cause required after first 12 months of occupancy.
Oregon: first statewide rent control; caps annual rent increase at 7% + CPI (DAS publishes max each Sept).
Oregon: prohibits refusal to rent based on source of income, including federal rent subsidy.
Oregon law does not set a single automatic day count that converts a guest into a tenant. Courts look at the practical markers of tenancy: whether the person receives mail at the address, keeps belongings there, has a key, pays toward rent or utilities, or has stayed continuously for weeks rather than days. Most Oregon leases handle this with a guest clause, commonly limiting stays to roughly 10-14 consecutive days without landlord approval, and exceeding it is a lease violation by the tenant of record. The pivotal legal consequence: once someone crosses into tenancy (or occupant status with tenancy-like rights), removing them requires the formal court eviction process. A lockout or bag-on-the-porch removal of a long-term "guest" exposes the landlord to a wrongful-eviction claim.
Informational only, not legal advice. Consult a licensed Oregon attorney. Source attribution in the Sources band below.