Oregon Statutes 90.220 – Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment
(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
Terms Used In Oregon Statutes 90.220
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
- Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
- Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
- Week-to-week tenancy: means a tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;
(b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and
(c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100
(2) The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or tenant.
(3) The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto.
(4) Except as provided in this subsection, the rental agreement must include a disclosure of the smoking policy for the premises that complies with ORS § 479.305. A disclosure of smoking policy is not required in a rental agreement subject to ORS § 90.505 to 90.850 for space in a facility as defined in ORS § 90.100.
(5) Notwithstanding ORS § 90.245 (1), the parties to a rental agreement to which ORS § 90.100 to 90.465 apply may include in the rental agreement a provision for informal dispute resolution.
(6) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.
(7) Except as otherwise provided by this chapter:
(a) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month or week, depending on whether the tenancy is month-to-month or week-to-week. Rent may not be considered to be due prior to the first day of each rental period. Rent increases must comply with the provisions of ORS § 90.323.
(b) If a rental agreement does not create a week-to-week tenancy, as defined in ORS § 90.100, or a fixed term tenancy, the tenancy shall be a month-to-month tenancy.
(8) Except as provided by ORS § 90.427 (11), a tenant is responsible for payment of rent until the earlier of:
(a) The date that a notice terminating the tenancy expires;
(b) The date that the tenancy terminates by its own terms;
(c) The date that the tenancy terminates by surrender;
(d) The date that the tenancy terminates as a result of the landlord failing to use reasonable efforts to rent the dwelling unit to a new tenant as provided under ORS § 90.410 (3);
(e) The date when a new tenancy with a new tenant begins;
(f) Thirty days after delivery of possession without prior notice of termination of a month-to-month tenancy; or
(g) Ten days after delivery of possession without prior notice of termination of a week-to-week tenancy.
(9)(a) Notwithstanding a provision in a rental agreement regarding the order of application of tenant payments, a landlord shall apply tenant payments in the following order:
(A) Outstanding rent from prior rental periods;
(B) Rent for the current rental period;
(C) Utility or service charges;
(D) Late rent payment charges; and
(E) Fees or charges owed by the tenant under ORS § 90.302 or other fees or charges related to damage claims or other claims against the tenant.
(b) This subsection does not apply to rental agreements subject to ORS § 90.505 to 90.850. [Formerly 90.240; 2009 c.127 § 3; 2009 c.431 § 10; 2011 c.42 § 1; 2015 c.388 § 10; 2016 c.53 § 3; 2019 c.1 § 7]