Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
14. What should I do before I rent a place?
Make sure that:
– The place meets your needs;
– You can afford the rent;
– You clearly understand who will pay for electricity, heat, water and garbage pick-up; and
– You inspect the place and note in writing any problems.
You can use the 'Inventory and Condition Report' when you inspect the unit. Ask the landlord to be there. Ask the landlord to sign your notes, or send a copy of your notes later. Take pictures and have friends look at any problems so you can later prove in court that the problem was there before you moved into the unit.
If you find out after you move in that a building inspector told the landlord not to rent the place until repairs were made, but the repairs were not made, contact a law office.
15. What is a rental agreement?
It is a verbal or written agreement between the landlord and tenant that gives the terms and conditions concerning the tenant's use of the rental unit. This includes the amount of rent, the date rent is due, where to pay rent and any other rules that apply to using the rental unit. (ORS 90.240)
Even though Oregon law does not require it, it is a good idea to get a written rental agreement. Make sure you read the agreement before you sign it. Any changes made to the original rental agreement should also be in writing. If you have a written agreement, the landlord must give you a copy when you sign it and make a copy available later at a cost of not more than $.25 per page. (ORS 90.305)
16. Should I get the rental agreement and receipts in writing?
Yes. Always get a written copy of any agreements you make with the landlord. Both you and the landlord should sign the rental agreement and any agreements about repairs and making late rent payments. Get a receipt when giving the landlord any money. If the landlord won't give you a receipt, write the landlord a note saying that you won't pay unless the landlord provides a receipt. Keep copies of anything you write and give to the landlord.
17. How can I make the landlord live up to a spoken rental agreement?
A judge can order that both the landlord and tenant follow the agreement that was made. It is harder to prove what was agreed to if you do not have the agreement in writing. It may end up being the landlord's word against your word. A person who was with you when you and the landlord talked about the agreement can be a witness. Rent receipts and other written statements by the landlord can help prove the terms of the agreement.
Most people use the word 'lease' to describe a written rental agreement that is for a set period of time, such as a year, at a fixed rate of rent. But some leases permit an increase of rent after a 30-day notice. Most leases permit termination of the lease before the ending date in some situations. The lease will state how the tenant and landlord can end the lease early.
If you have a long-term lease at a fixed rate, the landlord cannot raise the rent during the fixed term. But, with this type of lease, you also have to pay for the entire term if you move out early unless the landlord rents to another tenant.
19. Can the rental agreement waive or take away a tenant's rights under Oregon's Residential Landlord-Tenant Act?
No. The landlord and tenant cannot agree to waive or take away the rights given to tenants under Oregon law. (ORS 90.245)