Report: Consumer Protection

The 10th Edition of the Renter's Handbook paraphrases and elaborates on the Oregon Residential Landlord Tenant Act (ORS 90.100 to 90.875). Prepared by Oregon Student Public Interest Research Group (OSPIRG), the scope of the handbook does not cover mobile, manufactured or floating home parks, and it should not be used as a substitute for the advice of an attorney.

The Residential Landlord Tenant Act (hereinafter referred to as the Act) went into effect on October 5, 1973. All rental agreements are covered by the Act except residency in:

• public or private institutions for medical, geriatric, educational, counseling, religious or other services (university off-campus housing is covered);
• a dwelling which the occupant is buying (but a lease option is covered before the option is exercised);
• occupancy in a fraternal or social organization in the portion of a structure which is operated for the benefit of the organization;
• transient occupancy in a hotel or motel of less than 30 days, where rent accrues daily and is collected no more than 6 days in advance, and which has daily or every other day maid and linen service
• a dwelling owned by the occupant's employer if residency is contingent on employment in and about the premises;
• an owner-occupied condominium;
• or a working farm.

The remedies provided by the Act are administered so that an injured party may recover appropriate damages. Both landlords and tenants have an obligation to perform every act in "good faith," in other words, honestly. Each party also has a duty to do what it takes to reduce damages as much as possible.

Renting is a two way street. Renters and landlords may unknowingly jeopardize their rights by not fulfilling their legal responsibilities. Both parties need to work together to establish a smooth, comfortable arrangement.

Note:  References to the Act are made throughout the Handbook in the form of citations of the Oregon Revised Statutes. For instance, a paragraph ending with "(90.300(4)(b))" refers to paragraph "b" of subsection 4 of section 90.300.  If a dispute arises, it helps to be able to cite the law on which you are relying.

The Oregon Revised Statutes and other law publications are available for purchase from the Office of Legislative Counsel at www.lc.state.or.us, and are also available at many public libraries and sometimes at the law libraries of the county courthouses or local law schools.

Online, you can read Oregon Revised Statutes text produced from material provided by the Legislative Counsel Committee of the Oregon Legislative Assembly at www.leg.state.or.us/ors. It is important to note that the official record copy is the printed published copy of the Oregon Revised Statutes. The online text is not the official text of Oregon law, and may contain errors.