Oregon Sublease Agreement

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Oregon law requires specific provisions in rental agreements that shields both rental property owner and occupant. While Oregon does not impose a statutory cap on security deposits, landlords must return deposits within 31 days. A 4-day grace period is required before late fees can be assessed. Oregon requires 11 specific disclosures in lease agreements.

Oregon Lease Requirements

Security Deposit Limit No statutory maximum, but must be 'reasonable' under Oregon law

Deposit Return Deadline 31 days

Deposit Interest Required Not required

Late Fee Cap Reasonable flat fee only; daily late fees capped at 6% of the flat fee per day

Grace Period 4 days

Landlord Notice (Month-to-Month) 30, 60, or 90 days (varies by tenancy length and cause) Landlord notice: 30 days during the first year of occupancy; 60 days after the first year with a qualifying cause stated; 90 days for no-cause termination after 1 year of occupancy (ORS § 90.427, as amended by SB 608 in 2019).

Tenant Notice (Month-to-Month) 30 days

Entry Notice 24 hours advance notice required (ORS § 90.322); must be at reasonable times (8am to 9pm unless tenant agrees otherwise)

Key Statute Oregon Residential Landlord and Tenant Act, ORS Chapter 90

Required Disclosures Lead-based paint disclosure (federal law, pre-1978 housing); Carbon monoxide detector disclosure, landlord must confirm working CO detectors are installed (ORS § 90.316); Smoke detector disclosure, landlord must confirm working smoke detectors are installed (ORS § 90.316); Smoking policy disclosure, landlord must disclose the smoking policy for the unit, building common areas, and grounds (ORS § 90.220(4)); Flood zone disclosure, if the dwelling is in a 100-year flood plain, landlord must disclose this in writing (ORS § 90.228); Foreclosure disclosure, if the property is subject to a recorded notice of default or foreclosure, landlord must disclose (ORS § 90.220(9)); Utility billing arrangement, landlord must disclose how utilities are billed if tenant pays any utilities (ORS § 90.315); Move-in checklist, landlord must provide a written checklist of the unit's condition and tenant must return signed copy within 7 days; failure by landlord to provide checklist limits their ability to charge for damages (ORS § 90.300(7)); Owner or manager name and address for receiving notices (ORS § 90.305); Rental agreement terms, landlord must provide written rental agreement before or at the time tenant pays any deposits or fees (ORS § 90.220); Drug manufacturing contamination disclosure if property was previously used as a drug lab (ORS § 90.leware, applicable under ORS § 453.855)

Oregon Sublease Agreement Checklist

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Before you sign

Both parties read the entire agreement before signing.
Obtain written consent from the original landlord before subleasing.
Review the original lease to confirm subleasing is permitted.
Confirm the move-in date and key handover arrangements.
Verify the security deposit amount and accepted payment method.

Oregon rules to know

Landlord must return the deposit within 31 days of move-out.
Late fees cannot be charged until after a 4-day grace period.
Late fee cap: Reasonable flat fee only; daily late fees capped at 6% of the flat fee per day.
Landlord must give 24 hours advance notice required (ORS § 90.322); must be at reasonable times (8am to 9pm unless tenant agrees otherwise) before entering the unit.
To end a month-to-month tenancy, the landlord must give 30, 60, or 90 days (varies by tenancy length and cause) written notice.
To end a month-to-month tenancy, the tenant must give 30 days written notice.
Oregon has rent control or rent stabilization rules that may limit annual increases.
Required disclosures: Lead-based paint disclosure (federal law, pre-1978 housing); Carbon monoxide detector disclosure, landlord must confirm working CO detectors are installed (ORS § 90.316); Smoke detector disclosure, landlord must confirm working smoke detectors are installed (ORS § 90.316); Smoking policy disclosure, landlord must disclose the smoking policy for the unit, building common areas, and grounds (ORS § 90.220(4)).

In the agreement itself

Full legal names of all landlords and tenants.
Complete property address, including unit number.
Lease term: start date, end date.
Monthly rent amount and the due date.
Security deposit amount and the conditions for deductions.
Reference to the original lease and its expiration date.
Confirmation of landlord consent to the sublease.
Late fee amount and the grace period, if any.
Pet policy, smoking policy, and guest policy.
Utility responsibilities (which party pays each utility).
Signatures of all parties.

Both parties should keep a signed copy. Oregon landlord-tenant law governs this agreement (Oregon Residential Landlord and Tenant Act, ORS Chapter 90).

What to Include in a Oregon Sublease Agreement

Every Sublease Agreement in Oregon should include the following important provisions: identification of the lessor and lessee, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (31 days in Oregon), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.

Oregon law requires landlords to disclose lead-based paint disclosure, carbon monoxide detector disclosure, landlord must confirm working co detectors are installed, smoke detector disclosure, landlord must confirm working smoke detectors are installed, smoking policy disclosure, landlord must disclose the smoking policy for the unit, building common areas, and grounds ), flood zone disclosure, if the dwelling is in a 100-year flood plain, landlord must disclose this in writing. Landlord may not charge more than 1.5 times the monthly rent as a combined security deposit and last month's rent (ORS § 90.300(1)); if both are charged separately, each is limited but the combined cap applies.

How to Complete a Oregon Sublease Agreement

To complete a Sublease Agreement in Oregon, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount. You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.

Our platform walks you through each section with a guided form that only shows fields required for Oregon. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Sublease Agreement as a PDF.

Frequently Asked Questions

What is the maximum security deposit in Oregon?

Oregon does not impose a statutory cap on security deposits. Landlords must return the deposit within 31 days after move-out, minus lawful deductions.

Can a landlord charge a late fee in Oregon?

Yes, but Oregon requires a 4-day grace period before a late fee can be assessed. Late fees are capped at reasonable flat fee only; daily late fees capped at 6% of the flat fee per day. Late fee terms must be clearly stated in the lease.

How much notice must a landlord give before entering a rental in Oregon?

Oregon requires landlords to give 24 hours advance notice required (ORS § 90.322); must be at reasonable times (8am to 9pm unless tenant agrees otherwise) before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under Oregon landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.

Do you need your landlord's permission to sublease in Oregon?

In most cases, yes. Most leases in Oregon require written landlord consent before subleasing. Subleasing without permission can be grounds for eviction. The original tenant (sublessor) remains liable to the landlord for rent and damages even after subleasing - the subtenant's obligations run to the sublessor, not directly to the landlord.

What is the difference between a sublease and an assignment in Oregon?

In a sublease, the original tenant retains some interest in the lease (e.g., they plan to return) and a new person moves in temporarily. In a lease assignment, the original tenant transfers all rights and obligations to a new tenant permanently. Both typically require landlord approval in Oregon. A sublease agreement protects the original tenant if the subtenant fails to pay rent or damages the property.

Is a written lease agreement required in Oregon?

Oregon does not require written leases for all tenancies, but oral agreements are harder to enforce and provide less protection. Written leases are required for tenancies exceeding one year under the Statute of Frauds. A written Sublease Agreement clearly documents rent, security deposit terms, house rules, and each party's obligations - reducing disputes significantly.

What notice is required for rent increases in Oregon?

Oregon requires landlords to give 90 days written notice before any rent increase - one of the longest notice requirements in the US. Additionally, under Oregon's statewide rent control (SB 608), annual increases for units 15+ years old are capped at 7% plus CPI (max 10%). Oregon also prohibits rent increases within the first year of a new tenancy. Landlords who violate these rules may owe the tenant 3 months' rent in damages.

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