Summary: Before a tenant moves in, Oregon law requires landlords to provide a set of written disclosures covering everything from lead-based paint and utility arrangements to flood zones and smoking policies. Portland adds further local requirements on top. This guide covers every required disclosure, the statute behind it, and what happens if you miss one.
⏱ 5-minute read
What Disclosures Do I Legally Have to Give Tenants in Oregon?
Disclosure requirements are one of the most commonly overlooked areas of compliance for new and self-managing Portland landlords. They're not complicated once you know what's required - but the consequences of missing them range from civil liability to a tenant's right to terminate the lease.
At Uptown Properties, our lease process includes every required disclosure, documented and signed at move-in. Here's the complete list of what Oregon and Portland law requires you to give your tenants before or at the start of a tenancy.
1. Owner and Manager Identity (ORS 90.305)
Oregon law requires landlords to disclose in writing, at or before the start of the tenancy, the name and address of:
- The owner of the property, or a person authorized to act on behalf of the owner
- The property manager or management company, if applicable
This information must be kept current throughout the tenancy and applies to any successor landlord or manager. The purpose is to ensure tenants always know who to contact and who can legally receive notices and demands on behalf of the owner.
2. Lead-Based Paint Disclosure (Federal Title X, Section 1018)
If your rental property was built before 1978, federal law requires you to disclose any known lead-based paint or lead-based paint hazards in the home. You must also provide tenants with the EPA-approved informational booklet, "Protect Your Family From Lead in Your Home," available through the Oregon Health Authority and the EPA.
The lease must include a signed disclosure form acknowledging that the tenant received this information. This is a federal requirement and applies regardless of whether the property is in Portland, Oregon, or anywhere else in the country.
3. Flood Zone Disclosure
Oregon landlords must disclose in the lease or rental agreement whether the property is located in a designated floodplain. If the property is in a Special Flood Hazard Area identified by FEMA, tenants must be informed before they sign. This allows tenants to make an informed decision about renter's insurance coverage and risk.
4. Smoking Policy (ORS 479.305)
All residential rental agreements in Oregon must include a written disclosure of the property's smoking policy. If smoking is permitted anywhere on the premises - including outdoor areas - the policy must specify where. If smoking is prohibited entirely, that must be stated. This disclosure is required for all new rental agreements.
5. Carbon Monoxide Alarm Information (ORS 90.316 and 90.317)
Landlords must provide all new tenants with written instructions for testing the carbon monoxide alarm(s) in the unit. This is in addition to the requirement that the alarms themselves be present and functioning at move-in.
6. Smoke Alarm and Detector Information (ORS 479.270)
Similarly, landlords must provide new tenants with written notice that includes instructions for testing smoke alarms and detectors. Both the carbon monoxide and smoke alarm disclosure requirements are modest in scope but easy to document - typically a simple written statement included in the move-in packet.
7. Utility Arrangements (ORS 90.315)
If utilities are shared between units, or if the landlord bills tenants for utilities through a submetering or ratio utility billing system, Oregon law requires disclosure of how those arrangements work before the tenancy begins. Tenants must understand whether they are responsible for their own utilities, how shared utility costs are allocated, and how billing is handled.
8. Recycling Opportunities (ORS 90.318)
For landlords who own more than five units in a city or county that provides multifamily recycling services, Oregon law requires written notice to new tenants describing the available recycling services and the location of recycling receptacles on the premises. This notice must also be sent to all tenants at least once per year.
9. Disclosure of Legal Proceedings (ORS 90.310)
If there are any active legal proceedings that could affect the tenant's right to occupy the property - such as foreclosure proceedings or code enforcement actions - Oregon law requires landlords to disclose this before entering into a rental agreement. Failure to disclose active legal proceedings that affect habitability or occupancy rights can give tenants grounds to void the lease and seek damages.
10. Known Health or Safety Hazards (ORS 90.275 and 90.305)
Oregon law requires landlords to inform tenants of any known conditions that could affect the health or safety of occupants. While Oregon does not have a standalone mold disclosure statute, if a landlord is aware of existing mold, prior water damage, or other conditions that could affect habitability, failure to disclose them may constitute a violation of the landlord's duty to provide accurate information about the unit and maintain habitable conditions under ORS 90.320.
11. Affordability Restriction Termination Date (ORS 90.308)
If a rental property is subject to an affordability restriction - such as a government-subsidized program that caps rents below market - Oregon law requires landlords to disclose to prospective tenants the date on which that restriction is scheduled to expire. This allows tenants to understand that rents may increase significantly when the restriction ends.
Portland-Specific: Screening Criteria Disclosure
Under Portland City Code 30.01.086 and ORS 90.295, landlords must disclose their written screening criteria to applicants before collecting any application fee or holding deposit. While technically a pre-application disclosure rather than a move-in disclosure, it is a required written document that must be provided early in the rental process and kept on file.
What Happens If You Miss a Disclosure?
The consequences vary by disclosure. Missing the lead-based paint disclosure can trigger federal penalties. Missing the owner/manager identity disclosure under ORS 90.305 can affect your ability to serve valid legal notices and may affect the enforceability of certain lease terms. Missing legally required disclosures in general can expose landlords to civil claims and damages from tenants.
The safest approach is a standardized move-in packet that includes every required disclosure, with tenant signatures confirming receipt and copies retained in the landlord's files.
Portland Disclosure Resources
The full text of Oregon's disclosure requirements is available under ORS Chapter 90 at oregonlegislature.gov. Federal lead-based paint disclosure requirements and the required EPA booklet are available through the Oregon Health Authority at oregon.gov/oha. Portland-specific rental housing rules are maintained at portland.gov/phb.
Let Uptown Properties Handle It
A compliant lease packet is one of the most important documents you'll create as a landlord. At Uptown Properties, every lease we execute includes all required state and local disclosures, documented and signed - so our clients are protected and their tenants are properly informed from day one.
- Own a rental property? We handle lease preparation and compliance so nothing gets missed.
- Thinking about buying? Our brokerage team helps you understand your obligations before you close.
- Looking for a rental? We manage quality homes across Portland and the metro area.
Schedule a 15 minute conversation and learn how we help Portland landlords protect their investments.
