RESIDENTIAL LEASE AGREEMENT

(Oregon – ORLTA Compliant)

[// GUIDANCE: This template is drafted for a one–to–four-unit residential dwelling located in Oregon and is intended for use by licensed Oregon attorneys or attorneys admitted pro hac vice. Replace every bracketed term before execution and confirm statutory currency.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Lease Title; Parties
   This RESIDENTIAL LEASE AGREEMENT (this “Lease”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], [an Oregon limited liability company / individual] (“Landlord”), whose notice address is [LANDLORD ADDRESS], and [TENANT LEGAL NAME(S)] (collectively, “Tenant”), whose notice address is the Premises described below, or such other address as Tenant may designate in writing.

2. Recitals
   A. Landlord owns fee simple title to the residential real property commonly known as [STREET ADDRESS, CITY, OR ZIP] and legally described in Exhibit A (the “Premises”).
   B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord, on the terms and conditions set forth herein and in compliance with the Oregon Residential Landlord and Tenant Act (“ORLTA”), Or. Rev. Stat. ch. 90.

3. Consideration
   In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

II. DEFINITIONS

For ease of reference, the following capitalized terms are used throughout this Lease:

“Additional Rent” – Any monetary obligation other than Base Rent or Late Fees payable by Tenant under this Lease.

“Base Rent” – The recurring monthly rent of $[MONTHLY RENT] payable pursuant to § III-3.

“Business Day” – Any day other than Saturday, Sunday, or Oregon-recognized legal holidays.

“Commencement Date” – [MM/DD/YYYY], the first day of the Lease Term.

“Essential Services” – “Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks, and any other service or facility required to meet the habitability standards of Or. Rev. Stat. § 90.320,” as amended.

“Lease Term” – The period beginning on the Commencement Date and ending on [EXPIRATION DATE], subject to earlier termination per § VI or § VII.

“Security Deposit” – The deposit amount of $[DEPOSIT AMOUNT] held pursuant to § III-6 and Or. Rev. Stat. § 90.300.

“State Housing Court” – The [__] County Circuit Court, Landlord/Tenant Department, State of Oregon, the exclusive forum per § VIII-2.

III. OPERATIVE PROVISIONS

1. Lease Grant. Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts such lease, to be used solely as a private residence for no more than [OCCUPANCY LIMIT] lawful occupants.

2. Term & Possession. Except as expressly provided herein, Tenant shall have possession of the Premises for the Lease Term. If Landlord cannot deliver possession on the Commencement Date, Base Rent shall abate until possession is tendered; such delay shall not extend the Lease Term unless Landlord and Tenant sign a written amendment.

3. Rent.
   a. Base Rent is due in advance on or before the first (1st) calendar day of each month, beginning on the Commencement Date.
   b. Late Fee. If Base Rent is not received by 11:59 p.m. on the fourth (4th) day of the month, a late charge of $[LATE FEE] (“Late Fee”) will accrue and be immediately due. [// GUIDANCE: Late Fee must be “reasonable” under Or. Rev. Stat. § 90.260.]
   c. Form of Payment. Rent must be paid in U.S. funds via [CHECK / ACH / OTHER], at the address stated in § I-1 unless electronically paid through [PAYMENT PORTAL].

4. Additional Rent & Charges. Utilities allocated pursuant to § III-7, damages assessed per § VI-4, and any other sums owed under this Lease constitute Additional Rent and are enforceable as rent under ORLTA.

5. Proration of First/Last Month. If the Lease Term begins or ends on a date other than the first calendar day of a month, Base Rent for the partial month shall be prorated on a 30-day basis.

6. Security Deposit.
   a. Deposit Receipt. Landlord acknowledges receipt of the Security Deposit.
   b. Statutory Handling. The Security Deposit shall be held, without interest, to secure Tenant’s performance. No portion of the Security Deposit is “non-refundable.” Within 31 days after Tenant delivers possession, Landlord will return any unapplied balance together with an itemized, written accounting per Or. Rev. Stat. § 90.300(13).
   c. Authorized Deductions. Landlord may deduct unpaid rent, damages beyond ordinary wear and tear, and any amount otherwise recoverable under the Lease or ORLTA.
   d. Deposit Not Rent. The Security Deposit may not be applied to rent except with Landlord’s prior written consent.

7. Utilities & Services. [LANDLORD/TENANT] shall pay directly to providers for: [LIST UTILITIES]. Landlord shall provide and pay for garbage removal and water/sewer unless local billing is separately metered. Interruption of Essential Services beyond 48 hours without Tenant’s fault constitutes noncompliance under Or. Rev. Stat. § 90.320 and may entitle Tenant to remedies specified therein.

8. Use & Quiet Enjoyment. Tenant shall use the Premises for lawful residential purposes only and shall not (i) permit any waste or nuisance, (ii) engage in any illegal activity, or (iii) violate any homeowners’ association rules applicable to the Premises. Landlord covenants that so long as Tenant performs Tenant’s obligations, Tenant’s quiet enjoyment shall not be disturbed.

9. Alterations. Tenant shall not make alterations without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion, except that Tenant may install accessibility modifications at Tenant’s cost in accordance with Or. Rev. Stat. § 90.269.

10. Entry by Landlord. Landlord may enter the Premises upon at least 24-hours’ written notice (or such shorter period as ORLTA permits) for inspections, repairs, showings, or to supply services; no notice is required in emergencies or where Tenant requests repairs.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Each signatory warrants authority to bind the party for whom it signs.

2. Landlord. Landlord represents that:
   a. Landlord holds legal title to the Premises and may lawfully enter this Lease;
   b. The Premises complies, and during the Lease Term shall comply, with the habitability standards of Or. Rev. Stat. § 90.320; and
   c. All structural components, roofs, plumbing, electrical, heating, and appliances in the Premises are, to Landlord’s knowledge, in good working order as of the Commencement Date.

3. Tenant. Tenant represents that:
   a. Tenant reviewed the Premises and accepts it in “AS-IS” condition, subject to Landlord’s statutory maintenance obligations;
   b. Tenant’s combined gross monthly income equals or exceeds [INCOME MULTIPLE] times the Base Rent; and
   c. No occupant listed in Tenant’s rental application has been convicted of a violent felony within the past [YEARS LIMIT], except as specifically disclosed in writing to Landlord.

4. Survival. The representations and warranties in this § IV survive expiration or earlier termination of this Lease.

V. COVENANTS & RESTRICTIONS

1. Landlord Covenants. Landlord shall:
   a. Maintain the Premises in a habitable condition per Or. Rev. Stat. § 90.320;
   b. Comply with all applicable building, health, and housing codes materially affecting safety;
   c. Maintain all common areas, if any, in a clean and safe condition; and
   d. Promptly remedy any interruption of Essential Services under Landlord’s control.

2. Tenant Covenants. Tenant shall:
   a. Keep the Premises clean and sanitary;
   b. Dispose of garbage properly and maintain smoke/fire alarms in operable condition;
   c. Use plumbing and electrical fixtures properly;
   d. Promptly notify Landlord in writing of any condition requiring repair or posing a safety hazard;
   e. Obtain and maintain renters’ insurance with a minimum liability limit of $[AMOUNT] and list Landlord as an additional insured; [// GUIDANCE: Not enforceable if Tenant’s annual household income ≤ 50% area median—see Or. Rev. Stat. § 90.222.]
   f. Abide by the Pet Addendum, if any, and ensure service animals are duly documented; and
   g. Refrain from smoking combustible substances inside the dwelling unit.

3. Prohibited Uses. No marijuana cultivation in excess of legally permitted household limits, and no manufacture or storage of hazardous materials except ordinary household items.

4. Notice Obligations. Tenant must deliver written notice of any claimed noncompliance before withholding rent or pursuing statutory remedies.

VI. DEFAULT & REMEDIES

1. Events of Default. Each of the following constitutes a “Default”:
   a. Non-payment of Rent. Failure to pay Base Rent or Additional Rent when due, which remains uncured after Landlord gives either (i) a 72-hour written notice of default sent on or after the fifth day of the rental period, or (ii) a 144-hour written notice sent on or after the fourth day, per Or. Rev. Stat. § 90.394.
   b. Material Non-Compliance. Material violation of §§ III-8, V-2, or any reasonable rule attached as Exhibit B, uncured within 14 days after notice pursuant to Or. Rev. Stat. § 90.392.
   c. Dangerous Conduct. Committing an act that is an “outrageous in the extreme” violation under Or. Rev. Stat. § 90.396, subject to 24-hour written notice.
   d. Abandonment. Absence from the Premises for more than seven (7) consecutive days while rent is unpaid and Tenant fails to respond to a written notice of abandonment within four (4) days.

2. Remedies.
   a. Termination. Upon an uncured Default, Landlord may terminate the Lease by written notice in the manner prescribed by ORLTA.
   b. Forcible Entry & Detainer. Landlord may file an eviction action in State Housing Court and recover possession plus statutory damages, court costs, and prevailing-party attorney fees per Or. Rev. Stat. § 90.255.
   c. Cumulative Rights. All rights and remedies are cumulative and in addition to any other rights now or hereafter provided by law or in equity.

3. Tenant Cure. Landlord shall accept full tender of rent and Late Fees prior to judgment in an action for non-payment unless otherwise permitted by law.

4. Damage Assessment. Upon Tenant’s breach, Landlord may deduct actual damages from the Security Deposit and bill Tenant for any excess.

5. Mitigation. Landlord shall use commercially reasonable efforts to mitigate damages as required by Or. Rev. Stat. § 90.410.

VII. RISK ALLOCATION

1. Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from any loss, liability, or expense (including reasonable attorney fees) arising out of (i) Tenant’s use or occupancy of the Premises, (ii) breach of this Lease, or (iii) the acts or omissions of Tenant’s invitees, except to the extent caused by Landlord’s gross negligence or willful misconduct.

2. Limitation of Liability. Except for (a) return of the Security Deposit, (b) Landlord’s willful misconduct or gross negligence, or (c) statutory liabilities that cannot be waived, Landlord’s total liability to Tenant shall not exceed the amount of the Security Deposit then held by Landlord (the “Liability Cap”). [// GUIDANCE: Confirm enforceability; limitations may not restrict ORLTA damage multipliers.]

3. Insurance. Tenant’s insurance required in § V-2(e) shall be primary and non-contributory with Landlord’s coverage.

4. Force Majeure. Neither party shall be liable for failure to perform when such failure is due to events beyond its reasonable control (excluding financial inability) and not caused by its negligence, provided the affected party promptly notifies the other and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Lease and any dispute arising out of it shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflicts-of-law rules.

2. Forum Selection. The parties agree to exclusive jurisdiction and venue in the State Housing Court referenced in § II (the “[County] Circuit Court, Landlord/Tenant Department”).

3. Arbitration Excluded. The parties expressly opt out of private arbitration.

4. Jury Trial Waiver. TO THE EXTENT PERMITTED BY OREGON LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS LEASE. IF A COURT OF COMPETENT JURISDICTION FINDS THIS WAIVER UNENFORCEABLE, THE DISPUTE SHALL BE HEARD WITHOUT A JURY TO THE MAXIMUM EXTENT PERMITTED.

5. Injunctive Relief. Nothing herein limits either party’s right to seek temporary restraining orders, preliminary injunctions, or statutory eviction remedies.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. No amendment or waiver is effective unless in a written instrument signed by the party against whom enforcement is sought. A waiver on one occasion is not a waiver on any subsequent occasion.

2. Assignment & Subletting. Tenant shall not assign this Lease or sublet any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Any unauthorized transfer is void.

3. Successors & Assigns. This Lease binds and benefits the heirs, executors, administrators, successors, and permitted assigns of the parties.

4. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be interpreted to fulfill its original intent to the maximum extent consistent with law.

5. Integration. This Lease (including Exhibits A–[●]) constitutes the entire agreement between the parties and supersedes all prior oral or written agreements regarding the Premises.

6. Notice. Any notice required or permitted under this Lease must be in writing and delivered (a) in person, (b) by first-class mail, or (c) electronically if agreed in writing pursuant to Or. Rev. Stat. § 90.155. Notice is deemed given per statutory time lines.

7. Counterparts; Electronic Signatures. This Lease may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding to the same extent as originals.

8. Time of the Essence. Time is of the essence with respect to every provision of this Lease in which a time for performance is specified.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________

TENANT(S):
1. _____ Date: _______
[TENANT 1 PRINTED NAME]

2. _____ Date: _______
   [TENANT 2 PRINTED NAME]

[Add signature lines as needed for additional tenants.]

STATE OF OREGON )
) ss.
COUNTY OF ______ )

On this _ day of _, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared ______, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same.

Notary Public for Oregon
My Commission Expires: ______

EXHIBIT A – LEGAL DESCRIPTION

[Attach or insert metes-and-bounds or lot/block legal description.]

EXHIBIT B – RULES & REGULATIONS

[Optional set of house rules.]

[// GUIDANCE: 1) Ensure compliance with any rent control ordinances applicable to the locality. 2) Review Fair Housing accommodations and companion animal regulations. 3) Reconfirm the enforceability of the Liability Cap; ORLTA may void any clause that “purports to waive any right or remedy… or to relieve a landlord… from any duty” (Or. Rev. Stat. § 90.245). 4) For properties built prior to 1978, include federally mandated Lead-Based Paint disclosures (42 U.S.C. § 4852d; 24 C.F.R. pt. 35).]