For Oregon landlords and property managers, here are some of the required components that you should include in your Oregon rental application. Criteria include approval requirements, policy disclosures, applicant rights, rent and security deposit amounts, and the number of available units and accepted applications.
Oregon has a lot of landlord-tenant laws, intended to protect both parties from damage and disputes. While these laws are designed to be helpful and protective, they can be difficult to navigate, and the laws regarding rental applications can be particularly challenging. Fortunately, we have compiled a brief guide to the required components of a rental application in Oregon. If you’re a landlord or hope to become one in Oregon, consider these required rental application components.
Fortunately, there is a helpful ORHA-approved rental application you can use as a sample that includes the requirements. You can purchase the ORHA-approved rental application to use for your rental properties or use it as a guide when developing your own. As always, be sure to consult legal counsel in your area if you are ever uncertain about your processes. It is recommended that you have the assistance of an attorney familiar with your local landlord-tenant laws when developing your application and lease.
Approval Criteria and Policy Disclosures
Every rental application in Oregon must include, in writing, the screening and approval criteria the landlord follows. Additionally, the landlord must disclose the screening process they use, including tenant screening companies or credit reporting agencies, public and criminal records, and references from previous landlords and employers.
According to ORS 90.295, a landlord may not require an applicant screening fee if they have not adopted and disclosed these criteria in writing. They must also notify the prospective tenant about the screening fee and the screening process the landlord will follow. Policies requiring the tenant to obtain renters insurance must also be disclosed and explained, including the amount of insurance required.
Learn more: Adverse Action Notice for Denying a Rental Application – Video
Applicant Rights
Another required disclosure by the landlord is the applicant’s rights to dispute the information that comes up during tenant screening or make an appeal against a denial. Similarly, the application must disclose any nondiscrimination policies enacted by federal, state, and local laws, as well as those the landlord has adopted. These include Fair Housing requirements and any other nondiscrimination laws the landlord may fall under or policies that they have implemented.
Landlords must allow an applicant to provide additional information and evidence to dispute the severity of anything negative that comes up in a background check. You must send the prospective tenant a written denial within two weeks of its determination, even if you don’t charge for tenant screening. You, as a housing provider, are expected to assess the applicant’s background on an individual basis, reviewing the prospective tenant’s additional evidence and considering the following factors:
- The nature of the incidents
- The severity of the crimes they are being denied for
- How many incidents occurred
- How long ago these criminal acts were committed
- The age of the applicant when the acts were committed
Rent and Security Deposits
In Oregon, a landlord must disclose the amount they require in rent and security deposits, although these amounts are subject to change. During the discussion of the lease, these amounts may change due to certain factors, such as the tenant’s pet ownership circumstances, the specific property’s features, or other similar aspects of the property. If you and your tenant agree to these changes, they can be implemented in the lease agreement without issue before it is signed. You must also include the exact amount of the applicant screening fee, so the tenant understands the cost before they pay it.
Learn more: The State-by-State Guide to Rental Application Fees
Available Units and Accepted Applicants
When a prospective tenant applies to a rental, the landlord is expected to provide an estimate of the number of rentals they have available to the tenant in the area. This does not need to be perfectly accurate, but it should be accurate to the best of your knowledge. You must also share how many applications have already been accepted, once more, to the best of your ability to estimate the number.
Final Thoughts
Rental applications are a core component of renting out your properties, but they don’t have to be difficult. Follow these rental application requirements for Oregon to make the best possible rental application to give to your prospective tenants.
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