Oregon Pre-Lease Disclosures Landlords Must Give

Short answer

Before a tenant signs a lease in Oregon, the landlord must disclose: the owner and management agent (ORS 90.305), the smoking policy (ORS 90.220), 100-year flood-plain status when applicable (ORS 90.228), CO alarm presence where required (ORS 90.317), utility billing arrangements (ORS 90.315), and any known lead-based paint hazards for pre-1978 housing (federal). Several others apply in specific situations.

Owner and manager identification - ORS 90.305

Disclose in writing at or before move-in (a) the name and address of the person authorized to manage the premises and (b) the owner or person authorized to receive service of process. Update tenants in writing whenever this changes.

Smoking policy - ORS 90.220(2)

Every written rental agreement must disclose the smoking policy for the unit: prohibited, allowed only in designated areas, or allowed throughout. Silence is not allowed.

Flood-plain disclosure - ORS 90.228

If the unit is in a 100-year flood plain, the landlord must give written disclosure using language substantially similar to the statute before the rental agreement is signed. Penalty for failure is up to two months' rent.

Lead-based paint - federal 24 CFR Part 35

For housing built before 1978, federal law requires the EPA pamphlet 'Protect Your Family from Lead in Your Home,' a lead-warning lease attachment, and disclosure of any known lead-based paint or hazards. Federal penalties are significant.

Carbon monoxide alarms - ORS 90.317

Units with a carbon monoxide source (gas appliance, attached garage, fuel-fired equipment) must have properly functioning CO alarms. Test at move-in and document. Tenant responsibility for replacement batteries is set by the statute.

Utility billing and recycling - ORS 90.315

If utilities are billed directly by a third party or allocated by formula (RUBS), the lease must disclose the billing method and the formula. Multifamily properties in certain jurisdictions must also provide recycling information.

Other situational disclosures

Bedbug history (ORS 90.220(9)), recycling notice for 5+ unit properties in certain cities, and the new HB 4123 (2026) confidential-information limits all factor into your disclosure stack.

Frequently asked

What disclosures does Oregon require before signing a lease?

Owner/manager (90.305), smoking policy (90.220), flood zone if applicable (90.228), CO alarms (90.317), utility billing (90.315), and federal lead paint for pre-1978 housing.

Do I need to give a copy of the signed lease to the tenant?

Yes. ORS 90.305 requires the landlord to give the tenant a copy of the rental agreement after both parties sign.

What if ownership or management changes mid-lease?

Update the tenant in writing with the new owner or manager information and the service-of-process address under ORS 90.305.

What is the penalty for missing a disclosure?

Varies by statute - flood disclosure failure under ORS 90.228 can cost up to two months' rent. Federal lead-disclosure penalties are substantially higher.

Does HB 4123 (2026) add new disclosure limits?

Yes - HB 4123 restricts what confidential tenant information a landlord may collect or share. Pair it with your standard ORS 90.305 disclosures.

Source references

  • ORS 90.305
  • ORS 90.220
  • ORS 90.228
  • ORS 90.315
  • ORS 90.317
  • 24 CFR Part 35 (lead)

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Propsistant provides general landlord-tenant information from selected statutes and official sources. It is not a law firm, does not provide legal advice, does not create an attorney-client relationship, and is not a substitute for a licensed attorney in your jurisdiction.