Oregon Residential Lease Agreement

OREGON RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _________________, 20_____, between ____________________________________________________________, whose address is ____________________________________________________________ (“Landlord”) and ____________________________________________________________ (“Tenant”).

WHEREAS, Landlord leases to Tenant, and Tenant leases from Landlord, the (the single family home) (apartment #_____) (condominium unit #_____) (townhouse unit #_____) in ____________________________ County, Oregon, such real property having a street address of ____________________________________________________________ (the “Premises”) on the terms and conditions as contained herein; and

NOW, THEREFORE, for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either (a) or (b)]:

_____ (a) Lease: This Agreement shall continue as a lease for term. The termination date shall be on ___________________ [date] at 11:59 PM. Tenant must provide written notice to Landlord at least sixty (60) days prior to the termination date if the Term is one (1) year or more from the Commencement Date, or at least thirty (30) days prior to the termination date if the Term is less than one (1) year from the Commencement Date. Upon the termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occurs: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new Rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in section 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

_____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant must provide a written notice to Landlord at least thirty (30) days before the desired termination date. Tenant’s failure to provide the required notice may result in Tenant being liable for up to thirty (30) days of Rent from the date Landlord regains possession of the Premises, unless prohibited by law. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least thirty (30) days prior to the desired termination date. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

Regardless of whether (a) or (b) is checked above, in both cases, Landlord may terminate the tenancy if Tenant fails to pay Rent or other charges, or if Tenant fails to comply with any terms or conditions of this Agreement or ORS Chapter 90. Acceptance of partial payment by Landlord does not waive the right to terminate the tenancy if the balance of Rent is not paid as agreed in writing.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord ____________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1^st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2^nd day of each calendar month. In the event that the Commencement Date is not the 1^st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a thirty (30) day period.

Landlord will accept Rent payments by personal checks, cashier’s checks, or money orders. However, if the financial institution dishonors any payment made by or on behalf of Tenant, Landlord may require that Tenant make all subsequent payments in certified funds only, which includes cashier’s checks or money orders, for the remaining Term of the tenancy. In case of a dishonored payment, Landlord may charge a Dishonored Check Fee of $35 plus the amount charged by Landlord’s bank. Tenant must pay these fees immediately.

Landlord may choose not to accept cash. Payment shall be made to Landlord under the following name and address:
____________________________________________________________
____________________________________________________________

3. SECURITY DEPOSIT. Upon execution of this Agreement, Tenant shall pay Landlord a “Security Deposit” in the amount of ____________________________________________________________ DOLLARS ($______________) [check only one option]:

_____ The security deposit includes an amount equal to the last month’s Rent payment required by this Agreement. Landlord’s acceptance of a security deposit that includes the last month’s Rent does not waive Landlord’s right to terminate for nonpayment of Rent; or
_____ The security deposit does not include any amount for the last month’s Rent payment required by this Agreement.

Regardless of which option above is selected, if Tenant fails to pay Rent or other charges, Landlord may deduct Rent or other charges owed from Tenant’s Security Deposit after all occupants vacate the Premises. Tenant, including all co-Tenants, must provide a single forwarding address where Landlord may send any final accounting. The security deposit shall be held by Landlord for the duration of the tenancy. Within thirty-one (31) days after the tenancy terminates, Landlord shall provide Tenant with a written accounting that states specifically the basis or bases of any claim to the deposit. Tenant’s claim to the Security Deposit or prepaid Rent is prior to the claim of any creditor of Landlord, including a trustee in bankruptcy. The Security Deposit may be claimed by Landlord only to remedy Tenant’s defaults in the performance of this Agreement, including, but not limited to, unpaid rent, and to repair damages to the premises caused by Tenant, not including ordinary wear and tear. Tenant must provide Landlord with Tenant’s new address in writing before vacating the Premises to ensure the prompt delivery of the Security Deposit. When Tenant vacates the Premises, Tenant is responsible for returning or accounting for any of Landlord’s property that Tenant was provided, such as keys and garage door openers.

Property managers must disclose to Tenant the entity responsible for holding Tenant’s Deposits. [check only one option]:

_____ Landlord’s management agent shall hold Tenant’s deposits; or
_____ Landlord shall hold Tenant’s deposits.

4. CONDITION OF PREMISES. Tenant stipulates, represents, and warrants that Tenant has examined the Premises, and that they are at the time of the execution of this Agreement in good order, repair, and in a safe, clean, and tenantable condition. Tenant is required to return the Premises to Landlord in a clean condition at the end of the tenancy. The definition of “clean” as determined by Landlord is binding on all parties. Tenant is solely responsible for any repairs that need to be made due to Tenant’s negligence, intentional misconduct, or neglect (or that of others as outlined in Section 29 of this Agreement). Landlord may opt to perform these repairs, and Tenant must reimburse Landlord for the cost, along with interest at a rate of three percent (3%) above the publicly announced prime rate of Umpqua Holdings Corporation, d.b.a. Umpqua Bank (or its successor), but not exceeding the maximum rate permitted by law (the “Default Rate”), from the date Landlord incurs the expense until the date of reimbursement by Tenant.

5. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ____________________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the Term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant must obtain prior written consent from Landlord before allowing any guest or invitee to stay in the Premises for more than _____ days or nights in any given month. If the previous blank line is left blank, then the parties agree on a limit of seven (7) days or nights. Tenant is responsible for any acts of negligence or breaches of this Agreement committed by Tenant, as well as by any of Tenant’s guests or invitees. Tenant is liable for any resulting property damage or injuries resulting from such acts or breaches. Tenant shall comply with all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Tenant and Tenant’s guests or invitees are prohibited from engaging in any dangerous activities that may result in injury or death. Restricted activities include, but are not limited to, the use of fireworks, bonfires or other open flame sources, glass blowing, fire dancing, emitting noxious fumes or odors, skateboarding, bike or motorcycle jumping, climbing on roofs or eaves, climbing trees or fences, and firing guns or any projectile. Any other dangerous activities that could pose a threat to Tenant, guests, or neighbors are also strictly forbidden.

6. NONCOMPLIANCE FEES. As authorized under ORS 90.302, Landlord may charge a Noncompliance Fee for any subsequent violation occurring within one (1) year from the issuance of a Written Warning Notice for a specific violation. Tenant must pay the Noncompliance Fee immediately upon failing to comply with the terms of this Agreement. The default Noncompliance Fee is $50 per instance, unless a different amount is specified in this Agreement for a specific violation.

7. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this section shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on or within the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant, unless otherwise provided by written agreement between Landlord and Tenant, shall be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES AND SERVICES. Landlord shall maintain utility and other services labeled with an “L” in the chart below. Tenant shall maintain utility and other services labeled with a “T” in the chart below and shall provide proof of such service to Landlord within seven (7) days of Landlord’s written request. Landlord may pass through to Tenant any charges imposed by a utility or service provider, or on behalf of a local government for municipal services or public resource use related to the Dwelling Unit, as authorized under Oregon law. This pass-through includes fees for street maintenance or transportation improvements, transit, public safety, parks, and open space, but excludes real property or income taxes, business licenses, or dwelling inspection fees. Tenant may be responsible for any charges imposed upon Landlord by a Homeowner’s or Condominium Association for anyone who moves into or out of a unit within the Association, as authorized under Oregon law. Tenant shall not tamper with, adjust, or disconnect any utility or service submetering system or device, including utility services provider equipment. If Tenant fails to have all utilities placed in Tenant’s name within three (3) days of occupying the Premises, Landlord may disconnect the utilities if they were originally in Landlord’s name or in the name of a prior tenant. Tenant must obtain written approval from Landlord prior to installing any satellite dishes on the Premises. Tenant’s failure to pay utility bills on time for which Tenant is responsible is a breach of this Agreement.

Indicate below the party responsible for paying for each utility. Write “L” for Landlord, “T” for Tenant, “N/A” for not applicable.

The following utilities or services provided for the Premises benefit Landlord, other tenants, or common areas:
____________________________________________________________
____________________________________________________________
____________________________________________________________

[check if applicable]:

_____Tenant shall pay a Monthly Utility or Service Charge to Landlord. The term “Utility or Service” includes but is not limited to the following: water; hot water; electricity; gas (natural or liquid propane); heat; internet, cable, or satellite service; sewer; trash and recycling service; and security or alarm service. Tenant’s utility charges for the Premises include:
____________________________________________________________
____________________________________________________________
____________________________________________________________

The basis for the allocation of monthly utility or service charges to the Premises inhabited by Tenant or common areas is as follows

[if the item above has been checked, then check one of the following four options]:

_____ Periodic charge not to exceed the total amount billed to Landlord, with exceptions as allowed under ORS 90.315 and subject to change based on actual usage.
_____ A flat monthly charge based on the prorated average usage, not to exceed the total amount billed to Landlord, with exceptions as authorized under ORS 90.315.
_____ Sub-meter reading.
_____ Percentage of actual amount billed based on square footage or the number of bedrooms, described as follows:

____________________________________________________________.

If applicable, the name and address of the third-party billing company is: ____________________________________________________________.

Utility or service charges payable to Landlord are due within seven (7) days of the billing date or date noted on the bill. Failure to pay by the due date constitutes a material violation of this Agreement. If any bill remains unpaid for a period of more than thirty (30) days after issuance of a Notice of Noncompliance, Landlord may charge noncompliance fees as further explained in section 6 if this Agreement. Landlord may deliver utility bills by first-class mail, e-mail, or personal delivery to the Premises.

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, unless otherwise agreed in writing, Tenant shall:

(a) Not obstruct the driveways, sidewalks, walkways, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b) Not place boats, trailers, semi-trailers, semi-tractors, recreational vehicles, campers, or motorized equipment on the Premises.

(c) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(d) Not obstruct or cover the windows or doors;

(e) Not leave windows or doors in an open position during any inclement weather;

(f) Maintain an appropriate amount of heat during periods of cold weather to prevent damage to the Premises. If damage occurs due to Tenant’s failure to maintain an appropriate amount of heat, Tenant will be held liable for the resulting damage;

(g) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(h) Not change, replace, or add locks to any doors or windows without Landlord’s prior written consent. Upon termination or expiration of the Agreement, Tenant must return all keys, fobs, passcards, and garage openers to Landlord. If Tenant requests Landlord to change the locks, Tenant must pay in advance for all related locksmith or contractor fees. Landlord agrees to change the locks in accordance with this request;

(i) Comply with all rules related to vehicles and parking. Vehicles belonging to Tenant, their family members, guests, invitees, agents, or employees, including automobiles and motorcycles, must be in operating condition, licensed, insured, and on current registration. If provided, they must be parked in designated parking areas and not elsewhere. The Premises may not be used for any vehicle repairs;

(j) Not drill into the walls, woodwork or any part of the Premises with nails, screws or adhesive hangers, with the exception of standard picture hooks, shade brackets and curtain rods;

(k) Not paint, attach, exhibit, or display any sign, placard, or other object in or about the Premises, including on the exterior of the Premises;

(l) Not place any objects or personal property in a manner that exceeds the load limits of the Premises, including but not limited to furniture or equipment such as waterbeds, pianos, organs, aquariums, and similar heavy items;

(m) Not install or place any of the following equipment: swimming or wading pools, hot tubs or soaking tubs, water features, trampolines or bounce houses, inflatable structures, tents, gazebos, barbeques, fire pits, and outdoor heaters.

(n) Keep all air conditioning filters clean and free from dirt, and replace the filters regularly (no less than every three months);

(o) Ensure that all bathroom fixtures, plumbing, and water systems are in good condition and functioning properly; use these systems only for their intended purposes; and not allow any debris, waste, or substances to be disposed of in them. Tenant is responsible for any damage or repair costs caused by improper usage;

(p) Maintain order at all times, both within the Premises and in all places on the Premises, including among family and guests, and avoid making or permitting any loud or improper noises that might disturb other residents;

(q) Maintain the volume of all audio devices, such as radios, televisions, stereos, and entertainment equipment, at a level that does not disturb other residents;

(r) Store and dispose of ashes, garbage, rubbish and other waste in a clean, safe and legal manner in containers designated by Landlord, placed in designated areas, and prepared for collection according to Landlord’s specifications. If Landlord designates a pickup service, Tenant must use it at Tenant’s own expense. Tenant may be required by Landlord to contract directly with a designated service provider. Food items and other waste must be stored and removed from the property in leak-proof containers. Tenant must clean and remove any evidence of leaks at Tenant’s own expense. Tenant assumes all costs of extermination and fumigation for infestation caused by Tenant;

(s) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by Landlord;

(t) Not engage in or allow any guest or invitee to engage in any criminal activity that poses a threat to the health, safety, or right to peaceful enjoyment of other tenants, persons residing near the Premises, Landlord, or an agent or employee of Landlord;

(u) Not engage in any drug-related criminal activity on or near the Premises. Such conduct may result in Tenant’s immediate eviction upon five (5) days’ notice, except in cases where Tenant or a lawful cohabitant is the victim of the crime;

(v) Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), and not using any scented products that may cause damage to the unit, such as plug-in air fresheners, scented candles, incense, and foggers (including D-fire products) within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach; additionally, Landlord may charge Tenant a Noncompliance Fee of $250, which is subject to the requirements specified in section 6 of this Agreement;

(w) Not engage in the consumption, distribution, growing, manufacturing, or storing of marijuana or any other drugs that are classified as illegal under the Controlled Substances Act;

(x) Comply with and follow all rules and regulations that pertain to the Premises or the related common areas, as established and communicated by the Owners’ Association having control over them;

(y) Upon termination and vacation, restore the Premises to their initial condition except for reasonable wear and tear.

12. SMOKE AND CARBON MONOXIDE ALARM. Tenant acknowledges that smoke alarm(s) and, if required, carbon monoxide alarm(s) are present within the Premises and are fully operational. Tenant agrees to test the alarms at least every six (6) months and replace batteries as needed with lithium batteries rated for ten (10) years as required under Oregon law. Tenant is required to notify Landlord in writing of any alarm malfunction immediately. Tenant shall not remove or tamper with any working alarm(s), including removing batteries. Tenant acknowledges that Landlord is not liable for any damage or loss due to alarm malfunction. In the event of any violation of this provision, Tenant shall be charged a $250 fee.

13. INSURANCE. Regardless of whether the parties have selected (a) or (b) below, Landlord shall have no liability or responsibility for any loss or damage to Tenant’s property, including but not limited to that of Tenant’s invitees, except if caused intentionally or negligently by Landlord. Tenant is responsible for maintaining fire and theft insurance for Tenant’s personal property and liability coverage for any damage or fire caused by Tenant’s negligence or that of Tenant’s invitees. Tenant understands that Tenant is not a co-insured party on Landlord’s property insurance policy providing coverage to the Premises. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. (If Tenant’s combined household income is equal to or less than fifty percent (50%) of the median income for the area, Renters Insurance may not be required.)

_____ (a) Renters Insurance is required. In addition to the requirements stated above within this section, Tenant must maintain a minimum of $100,000 liability coverage and designate Landlord as an interested party of the policy. Landlord shall separately and independently maintain a property insurance policy and may not self-insure. Upon request, Landlord shall provide proof of property insurance to Tenant; or

_____ (b) Renters Insurance is not required.

14. LAWN MAINTENANCE AND LANDSCAPING. Landlord and Tenant agree that [check one or both, if applicable]:

_____ Tenant is responsible for routine landscaping. The parties have separately executed an Exterior Property Care Addendum.

_____ Landlord is responsible for yard maintenance, if any, or arranging for its maintenance. Landlord’s agent or designee may enter the exterior of the Premises at reasonable times without prior notice to Tenant for the purpose of this maintenance.

15. QUIET ENJOYMENT AND ACCESS. Landlord may enter the Premises at reasonable times with at least twenty-four (24) hours advance notice. Landlord may enter the Premises to inspect its condition, make repairs, show the Premises to prospective tenants or purchasers, or comply with applicable laws or regulations. Landlord may enter the Premises without advance notice: (a) when Tenant consents to the entry; (b) when a health or safety emergency exists that requires immediate attention; or (c) when Tenant is absent, and Landlord believes that entry is necessary to preserve or protect the Premises. Landlord’s right to enter the Premises is limited and must be done with proper notice and for legitimate reasons. Tenant has the right to peaceful enjoyment of the Premises, and Landlord must respect Tenant’s privacy and property rights. Landlord shall have the right to display “for sale,” “for rent” or similar signs on the Premises at any time before this Agreement’s expiration.

16. SUBORDINATION. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

17. TENANT’S HOLDOVER. If Tenant desires to renew this Agreement, Landlord may, at Landlord’s sole discretion, enter into a new Agreement with Tenant. If Tenant remains in possession of the Premises without Landlord’s written consent after the Term has expired, or Landlord has terminated this Agreement, such a holdover by Tenant shall qualify as a default under this Agreement and create a tenancy at sufferance under ORS 91.040. Landlord may terminate this tenancy at sufferance without notice to Tenant, except as required by law, and is subject to all other terms of this Agreement to the extent they apply, except that Tenant must pay double the monthly Rent for each day Tenant remains in possession. The receipt of this additional Rent by Landlord does not relieve Tenant of liability for damages caused by Tenant’s holdover.

18. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

19. ANIMALS. Tenant shall be entitled to keep no more than ____________ (_____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ____________________________________________________________ DOLLARS ($______________), ____________________________________________________________ DOLLARS ($______________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building. If Tenant keeps an animal that is not authorized, Landlord may charge Tenant a Noncompliance Fee of $250, which is subject to the requirements specified in section 6 of this Agreement.

20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

21. INDEMNIFICATION. Tenant agrees to indemnify, defend and hold Landlord harmless from all claims, actions, liabilities, suits, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs and expenses, including attorneys’ fees, arising out of or incurred in the enforcement of this Agreement. Landlord shall not be liable for any damage or injury to goods or equipment in the structure or equipment of the structure of which the Premises are a part, or to any person entering the Premises or the building of which the Premises are a part, including Tenant, Tenant’s family, guests, invitees, agents or employees.

22. ABANDONMENT. If Tenant plans to be absent from the Premises for more than three consecutive weeks, Tenant must provide written notice of such absence to Landlord in advance. If Tenant fails to provide notice and is absent for three
(3) consecutive weeks, Landlord may, at Landlord’s sole discretion, consider Tenant to have abandoned the Premises and proceed to take legal action to regain possession of the Premises.

23. EARLY TERMINATION BY TENANT. If Tenant abandons or relinquishes the Premises without cause during a fixed term tenancy under this Agreement, Landlord may hold Tenant liable for all expenses required to restore the Premises to a rent-ready condition, excluding normal wear and tear, plus a real estate broker’s commission for finding a new tenant. In addition, Landlord may hold Tenant liable for one of the following two options, at the sole discretion of Landlord: (1) Payment of all amounts owed at or before the time of Tenant’s abandonment or relinquishment, including a “Lease Break Fee” not to exceed 1.5 times the monthly Rent; or (2) Payment of all costs necessary to re-lease the Premises to a new tenant, including but not limited to administrative costs, advertising expenses, damages, property care, and the difference in Rent if Landlord is unable to re-lease the Premises at the same rate.

24. LATE CHARGE. If Tenant fails to make any Rent payment required by this Agreement by 11:59 PM on the fourth (4th) day of the rental period, Tenant shall pay Landlord a “late charge” as follows [check only one of the following]:

_____ (a) A reasonable flat amount of $______________, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords in the rental market;

_____ (b) A reasonable per-day amount of $______________, charged beginning on the fifth (5th) day of the rental period for which Rent is delinquent. This daily charge may accrue every day after that until the Rent, excluding any late charge, is paid in full, but only for that rental period. The per-day charge may not exceed six percent (6%) of the amount described in option (a) above;

_____ (c) Five percent (5%) of the periodic Rent payment amount, charged once for each successive five (5) day period or portion thereof for which the Rent payment is delinquent. This charge begins on the fifth (5th) day of that rental period. It accumulates until the Rent payment, excluding any late charge, is paid in full, but only for that rental period.

Any late fees owed by Tenant under this provision are in addition to any other rights and remedies provided in this Agreement and will not limit Landlord’s ability to declare Tenant in default for failure to pay Landlord any sum when due.

25. PERSONAL PROPERTY. If Tenant vacates the Premises or is evicted from the Premises and leaves personal property behind without written permission from Landlord, Landlord may presume that Tenant has abandoned the property. Landlord is not responsible for storing or maintaining any personal property left behind and may dispose of it in any manner deemed appropriate by Landlord. Landlord may dispose of the property in the manner that Landlord determines is appropriate or otherwise as required by state law. If the abandoned property is a manufactured home, mobile home, or titled vehicle, including automobiles, Landlord shall provide notice to Tenant and any secured party known to Landlord of Landlord’s intent to dispose of the property by sale or other appropriate means. This notice shall be delivered personally or by regular or certified mail.

26. ATTORNEYS’ FEES. If Landlord enforces any term, covenant, or other obligation under this Agreement through court action, Tenant shall pay Landlord’s costs and expenses associated with the litigation, including court costs and reasonable attorney fees, in addition to any damages or equitable relief. This provision shall survive this Agreement’s termination.

27. COLLECTION AND PAYMENT. If Tenant fails to pay any amounts due under this Agreement, Landlord may take legal action to collect the debt. Any funds due from Tenant may be consigned to a Collection Agency, Small Claims Court, or Circuit Court. Tenant expressly authorizes Landlord to collect all costs, fees, expenses, charges, and accrued interest associated with the attempt to collect any debt due under this Agreement, including charges related to collection activity of a Collection Agency. Tenant’s financial obligation includes the actual debt and all other costs, fees, expenses, and charges associated with the attempt to collect the debt. Specifically, this authorization includes charges the exceed the original debt. Interest on the debt will be charged at a rate of ten percent (10%) per annum, compounded monthly.

28. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law.

29. JOINT AND SEVERAL LIABILITY. If two or more Tenants occupy the Premises, each Tenant shall be jointly and severally responsible for all obligations and covenants under this Agreement, including all Rent, until the account is paid in full. All occupants must legally vacate the Premises before any prepaid Rent or deposits are applied. As agents of the tenancy, each Tenant has the authority to ensure that any agreements, notices, or requests given to Landlord are binding upon all other Tenants and occupants, unless otherwise prohibited by law. If any Tenant wishes to vacate the Premises while others remain, Landlord must provide written approval.

30. ORDER OF PAYMENT. When Tenant remits a payment to Landlord, Landlord shall apply the payment in the following order: (a) outstanding Rent from prior months; (b) Rent for the current month; (c) utility or service charges; (d) Late Charges due to the late payment of Rent; and (e) damage claims and any other fees or claims owed by Tenant. 

31. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. In the event of a transfer of ownership of the Premises, whether voluntary or involuntary, Tenant releases Landlord from any obligations under this Agreement. The new owner of the Premises assumes all rights and obligations under this Lease and is solely responsible for fulfilling Landlord’s obligations to Tenant, as set forth in this Lease.

32. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.

33. CONSTRUCTION. References to the singular “Landlord” and “Tenant” shall include all Landlords and Tenants who are signatories under the Agreement, respectively.

34. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Oregon.

35. TIME OF ESSENCE. Time is of the essence with respect to all obligations under this Agreement, including but not limited to the payment of Rent, compliance with the terms of this Agreement, and the delivery of possession of the Premises upon termination of this Agreement. The failure of either party to perform timely any obligation under this Agreement shall qualify as a material breach. A “day” under this Agreement refers to a 24-hour calendar day, seven days a week, unless otherwise specified.

36. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant.

37. LEAD-BASED PAINT DISCLOSURE. This disclosure is applicable if the Premises is “target property” constructed prior to 1978. Tenant acknowledges receiving the EPA publication, “ Protect Your Family from Lead In Your Home, ” and Tenant has read and understands it. In addition, a fully executed copy of the document “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been signed by both Tenant and Landlord, as well as any applicable real estate broker, and is attached to and incorporated as a part of this Agreement.

38. PARKING. If parking spaces are included as part of this Agreement, the following information must be indicated:

Type of Parking Space: _____Attached Garage or _____Offsite [specify location]: _____________________________________

Number of Spaces: ___________

Designation: _____Reserved, _____Unreserved, or _____Other [describe]:____________________________________________

Note: Any additional charges or fees for parking (beyond the monthly Rent outlined in this Agreement) are as follows:
____________________________________________________________
____________________________________________________________

39. NOTICE. Any notice or demand required or necessary under this Agreement or under state law (“Notice”) shall be considered validly given or served if it is sent in writing to the individual named below and delivered through one of the following methods: (1) personal delivery, (2) courier or messenger service, (3) posting or legal publication, (4) registered or certified mail through the United States Postal Service. Notice is considered delivered when it is actually received by the intended recipient, or as otherwise specified under applicable law or this Agreement. Refusal to accept a Notice shall qualify as delivery of the Notice.

40. NOTIFICATION TO CO-SIGNER. If a cosigner has secured this Agreement, Landlord may notify the cosigner about any information related to the tenancy that Landlord deems necessary, including but not limited to late or missed payments, lease violations, damages to the Premises, and other issues that may impact the tenancy. However, Landlord is not obligated to provide such notifications, and Landlord’s failure to do so shall not relieve Tenant from Tenant’s obligations under this Agreement.

41. CONSENT TO ELECTRONIC COMMUNICATIONS. This Agreement between Landlord and Tenant allows for the use of electronic documents, email, and electronic signatures, as long as it is not prohibited by federal or Oregon law. To provide such consent to Landlord, firstly, Tenant must consent electronically, as required by federal law. Secondly, Tenant must provide Tenant’s email address in this section below. Tenant may provide Tenant’s cell phone number in the section below to signify Tenant’s consent to receive communications from Landlord by text message. Both parties agree that Landlord may provide the following documents electronically: (1) a copy of this Lease and any related attachment or document; (2) any documents related to the accounting or disposition of the security deposit and refund; (3) any promise made by Landlord prior to entering into this Agreement to clean, repair, or otherwise improve the Premises; and (4) the 24 Hour Notice to Enter by Landlord/Agent, as described in section 15 of this Agreement, to enter the Premises to inspect the Premises, make repairs, show the Premises to prospective tenants or purchasers, or comply with applicable laws and regulations. However, default or eviction notices cannot be given electronically.

Tenant’s Initials: _____ Tenant’s E-Mail Address: __________________________________ | Tenant’s Initials: _____ Tenant’s Cell Phone Number: __________________________________
Tenant’s Initials: _____ Tenant’s E-Mail Address: __________________________________ | Tenant’s Initials: _____ Tenant’s Cell Phone Number: __________________________________
Tenant’s Initials: _____ Tenant’s E-Mail Address: __________________________________ | Tenant’s Initials: _____ Tenant’s Cell Phone Number: __________________________________
Tenant’s Initials: _____ Tenant’s E-Mail Address: __________________________________ | Tenant’s Initials: _____ Tenant’s Cell Phone Number: __________________________________

42. ADDENDA. The addenda or riders or listed below are attached and incorporated as a part of this Agreement. Each attached addendum or rider supersedes this Agreement in the event of a conflict of provisions. [list titles of addenda and riders]:

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

43. ADDITIONAL PROVISIONS ; DISCLOSURES.
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[Landlord must note above any disclosures about the premises that may be required under Federal or Oregon law, such as: whether the Premises has any known flood hazards, or if the Premises has been determined to be located in a flood zone or area; whether the Premises is listed for sale; or whether the Premises is in foreclosure.]

As to Landlord:

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

As to Tenant:

TENANT (“TENANT”):