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Form OR-864-1LT
OREGON RESIDENTIAL LEASE AGREEMENT
MONTH TO MONTH
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the ____ day of _____________________,
20____, by and between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”),
and the Lessee(s): _____________________________________________________________________________________.
All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable
under, the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby
lease unto Tenant, and Tenant does hereby rent from
Landlord, solely for use as a personal residence,
excluding all other uses, the personal residence
located in __________________ County, Oregon,
with address of:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
______________________________, including the
following items of personal property:
__________________________________________
____
__________________________________________
__________________________________________
____________.
2. NATURE OF OCCUPANCY: As a special
consideration and inducement for the granting of
this Lease by the Landlord to the Tenant, the
personal residence described above shall be used
and occupied only by the members of the Tenant’s
family or others whose names and ages are set forth
below:
__________________________________________
____
__________________________________________
__________________________________________
__________________________________________
__________________.
3. TERM OF LEASE: This Lease shall
commence on the ____ day of
___________________, 20____, and extend from
month to month until:
a. Either Landlord or Tenant gives the other written
thirty (30) day Notice of Termination of Lease
Agreement. This Notice of Termination need not be
of any “cause”, but rather is solely “at the will” of
the party giving notice.
b. Either Landlord or Tenant gives the other a
written Notice of Default, wherein the noticed party must either cure the breach (if cure is an option) or
be terminated and vacate the premises on or before
the end of the notice period, the length of which
period will be dictated by the conditions of the
Lease or applicable law.
4. SECURITY DEPOSIT: Upon execution of
this Lease, Tenant shall deposit the sum of
$___________ to be held by Landlord as a security
deposit for reasonable cleaning of, and repair of
damages to, the premises upon the expiration or
termination of this Lease, or other reasonable
damages resulting from a default by Tenant. Tenant
shall be liable to Landlord for all damages to the
leased premises upon the termination of this Lease,
ordinary wear and tear excepted. Tenant is not
entitled to interest on the security deposit. Tenant
may not apply the security deposit to any rent due
under this Lease. If Landlord sells or assigns the
leased premises, Landlord shall have the right to
transfer Tenant’s security deposit to the new owner
or assignee to hold under this Lease, and upon so
doing Landlord shall be released from all liability to
Tenant for return of said security deposit.
In compliance with Oregon Revised Code § 90.300:
In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the
termination of the Lease and delivery of possession
the landlord shall give to the tenant a written
accounting that states specifically the basis or bases
of the claim. The landlord shall give a separate
accounting for security deposits and for prepaid
rent.
The security deposit or prepaid rent or portion
thereof not claimed in the manner provided by
subsections (9) and (10) of this section shall be
returned to the tenant not later than 31 days after the
termination of the Lease and delivery of possession
to the landlord.
The landlord shall give the written accounting as
required by
subsection (10) of this section or shall return the
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security deposit or prepaid rent as required by
subsection (11) of this section by personal delivery
or by first class mail. Proof of timely compliance
with this requirement shall include a postmark.
5. RENT PAYMENTS: Tenant agrees to pay rent
unto the Landlord during the term of this Lease in
equal monthly installments of $_____________,
said installment for each month being due and
payable on or before the 1st day of the month, the
first full rent payment under this Lease being due on
the 1st day of ____________________, 20____.
Tenant agrees that if rent is not paid in full on or
before the _____ day of the month, Tenant will pay
a late charge of $________ as allowed by applicable
Oregon law.
The prorated rent from the commencement of this
Lease to the first day of the following month is
$____________, which amount shall be paid at the
execution of this Lease.
Tenant agrees that rent shall be paid in lawful
money of the United States by (indicate those that
apply):
[ ] cash, [ ] personal check, [ ] money order,
[ ] cashier’s check, [ ]
other___________________.
Rent payments shall be made payable to:
__________________________________________
______
and mailed or delivered to the following address:
__________________________________________
_____________________________. All notices
from Tenant to Landlord under this Lease and
applicable Oregon law shall be delivered to the
above address.
Tenant agrees that rent monies will not be
considered paid until Landlord or Landlord’s agent
receives the rent monies, either by mail or by
delivery to the above address. Tenant placing rent
monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid
until actual receipt thereof.
If there are multiple Tenants signed to this Lease, all
such Tenants are jointly, severally and individually
bound by, and liable under, the terms and conditions
of this Lease. A judgment entered against one
Tenant shall be no bar to an action against other
Tenants.
6. CONSEQUENCES OF BREACH BY
TENANT: If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or
invitees, licensees, and/or guests, violates any of the
terms or conditions of this Lease or any other
documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of
this Lease (breach by one tenant shall be considered
breach by all tenants where Tenant is more than one
person).
In compliance with Oregon Revised Code §90.400:
(1)
(a) If there is a material breach by the
tenant with the Lease agreement, the landlord may
deliver a written notice to the tenant terminating the
Lease for cause as provided in this subsection. The
notice shall specify the acts and omissions
constituting the breach and shall state that the Lease
agreement will terminate upon a date not less than
30 days after delivery of the notice. If the breach is
remediable by repairs, payment of damages,
payment of a late charge or utility or service charge,
change in conduct or otherwise, the notice shall also
state that the tenant can avoid termination by
remedying the breach within 14 days.
(b) If the breach is not remedied in 14
days, the Lease agreement shall terminate as
provided in the notice subject to paragraphs (c) and
(d) below.
(c) If the tenant adequately remedies the
breach before the date for remedying the breach as
specified in the notice, the Lease agreement shall
not terminate.
(d) If substantially the same act or
omission that constituted a prior breach of
which notice was given pursuant to
paragraph (a) above, recurs within six months after
the date specified in that notice as the date for
remedying the prior breach, the landlord may
terminate the Lease agreement upon at least 10 days'
written notice specifying the breach and the date of
termination of the Lease agreement.
(2) The landlord may immediately terminate the
Lease agreement for nonpayment of rent and take
possession of the dwelling unit after written notice,
as follows:
Landlord shall deliver to the tenant at least
72 hours' written notice of nonpayment and the
landlord's intention to terminate the Lease
agreement if the rent is not paid within that period.
The landlord shall give this notice no sooner than on
the eighth day of the Lease period, including the
first day the rent is due. The notice shall specify the
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date and time representing the end of the notice
period, by which the tenant must pay the rent to cure
the nonpayment of rent, or else suffer termination of
the lease.
(3) Except as provided in paragraph (4) below, the
landlord, after at least 24 hours' written notice
specifying the acts and omissions constituting the
cause and specifying the date and time of the
termination, may immediately terminate the Lease
agreement and take possession, if:
(a) The tenant, someone in the tenant's
control or the tenant's pet seriously threatens
immediately to inflict personal injury, or
inflicts any substantial personal injury,
upon the landlord, the landlord's agent or other
tenants;
(b) The tenant, someone in the tenant's
control, or the tenant's pet inflicts any substantial
personal injury upon a neighbor living in
the immediate vicinity of the premises or
upon a person other than the tenant on the premises
with permission of the landlord or another
tenant;
(c) The tenant or someone in the tenant's
control intentionally inflicts any substantial
damage to the premises or the tenant's pet
inflicts substantial damage to the premises
on more than one occasion;
(d) The tenant has vacated the premises,
the person in possession is holding contrary to a
written Lease agreement that prohibits
subleasing the premises to another or
allowing another person to occupy the premises
without the written permission of the
landlord, and the landlord has not
knowingly accepted rent from the person in
possession; or
(e) The tenant, someone in the tenant's
control or the tenant's pet commits any act that is
outrageous in the extreme, on the premises
or in the immediate vicinity of the
premises. An act that is “outrageous in the extreme”
is an act not described in paragraphs (a) to
(c) of this subsection, but is similar in
degree and is one that a reasonable person
in that community would consider to be so offensive
as to warrant termination of the Lease within
24 hours, considering the seriousness of the act or
the risk to others. Such an act is more
extreme or serious than an act that warrants
a 30-day termination under subsection (1)
of this section. An act that is “outrageous in the
extreme” includes, but is not limited to, the following acts by a person:
(A) Prostitution or promotion of
prostitution, as
described in ORS 167.007 and
167.012;
(B) Manufacture or delivery of a
controlled
substance, as described in ORS
475.005 but not
including delivery as described in ORS
475.992
(2)(b);
(C) Intimidation, as described in ORS
166.155 and 166.165; or
(D) Burglary as described in ORS
164.215 and
164.225.
(4) If the cause for a termination notice given
pursuant to subsection (3)(a), (b), (c) or (e) of
this section is based upon the acts of the tenant's pet,
the tenant may cure the cause and avoid termination
of the Lease by removing the pet from the premises
prior to the end of the notice period. The notice
shall describe the right of the tenant to cure the
cause. If the tenant returns the pet to the premises at
any time after having cured the violation, the
landlord, after at least 24 hours' written notice
specifying the subsequent presence of the offending
pet, may terminate the Lease agreement and take
possession. The tenant shall not have a right to cure
this subsequent violation.
(5) Someone is in the tenant's control, as that phrase
is used in paragraph (3) above, when that person
enters or remains on the premises with the tenant's
permission or consent after the tenant reasonably
knows or should know of that person's act or
likelihood to commit any act of the type described
in subsection (3)(a), (b), (c) and (e) of this section.
(6) The landlord's 24 hours' written notice given
under subsection (3)(d) of this section shall not be
construed as an admission by the landlord that the
individual occupying the premises is a lessee or sub-
lessee of the landlord.
(7) With regard to “acts outrageous in the extreme”
as described in subsection (3)(e) of this section, an
act can be proven to be outrageous in the extreme
even if it is one that does not violate a criminal
statute. In addition, notwithstanding the reference in
paragraph (3) above, to existing criminal statutes,
the landlord's standard of proof in an action for
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possession under this paragraph remains the civil
standard, proof by a preponderance of the evidence.
(8) If a good faith effort by a landlord to terminate a
Lease pursuant to subsection (3)(e) of this
section and to recover possession of the Lease
unit fails by decision of the court, the landlord shall
not be found in violation of any state statute or local
ordinance requiring the landlord to remove that
tenant upon threat of fine, abatement or forfeiture as
long as the landlord continues to make a good faith
effort to terminate the Lease.
(9) If a tenant living for less than two years in drug
and alcohol free housing uses, possesses or shares
alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription,
the landlord may deliver a written notice to the
tenant terminating the Lease for cause as provided
in this subsection. The notice shall specify the acts
constituting the drug or alcohol violation and shall
state that the Lease agreement will terminate in not
less than 48 hours after delivery of the notice, at a
specified date and time. The notice shall also state
that the tenant can cure the drug or alcohol violation
by a change in conduct or otherwise within 24
hours after delivery of the notice. If the tenant cures
the violation within the 24-hour period, the Lease
agreement shall not terminate. If the tenant does not
cure the violation within the 24-hour period, the
Lease agreement shall terminate as provided in the
notice. If substantially the same act that constituted
a prior drug or alcohol violation of which notice was
given reoccurs within six months, the landlord may
terminate the Lease agreement upon at least 24
hours' written notice specifying the violation and the
date and time of termination of the Lease
agreement. The tenant shall not have a right to cure
this subsequent violation.
Tenant understands and specifically agrees, that
notwithstanding any of the above provisions
relating to the breach of the Lease, Landlord
may, without any cause whatsoever , terminate the
Lease by giving the Tenant a written thirty* (30*)
day Notice of Termination, whereby, on or before
the conclusion of the thirty* (30*) day period of
notice, Tenant must vacate the premises and
surrender same to Landlord.
*60 day Notice of Termination is required if the
tenant has rented the dwelling for more than one
year.
7. DELIVERY OF NOTICES: Any giving of
notice under this Lease or applicable Oregon law
shall be made by Tenant in writing and delivered to
the address noted above for the payment of rent, either by hand delivery or by mail. Certified or
registered mail is recommended. Delivery by mail
shall not be considered complete until actual receipt
by Landlord or Landlord’s agent.
Any notices from Landlord to Tenant shall be in
writing and shall be deemed sufficiently served
upon Tenant when deposited in the mail addressed
to the leased premises, or addressed to Tenant’s last
known post office address, or hand delivered, or
placed in Tenant’s mailbox. If Tenant is more than
one person, then notice to one shall be sufficient as
notice to all.
8. UTILITIES: Tenant will provide and pay for
the following utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Landlord will provide and pay for the following
utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Tenant shall be responsible for contacting and
arranging for any utility service not provided by the
Landlord, and for any utilities not listed above.
Tenant shall be responsible for having same utilities
disconnected on the day Tenant delivers the leased
premises back unto Landlord upon termination or
expiration of this Lease.
9. OBLIGATIONS AND DUTIES OF
LANDLORD:
In compliance with Oregon Revised Code § 90.320:
A landlord shall at all times during the Lease
maintain the
dwelling unit in a habitable condition. A dwelling
unit shall be considered uninhabitable if it
substantially lacks:
(a) Effective waterproofing and weather protection
of roof and exterior walls, including windows and
doors;
(b) Plumbing facilities which conform to applicable
law in effect at the time of installation, and
maintained in good working order;
(c) A water supply approved under applicable law,
which is:
(A) Under the control of the tenant or landlord and
is capable of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
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(C) Connected to a sewage disposal system
approved under applicable law; and
(D) Maintained so as to provide safe drinking water
and to be in good working order to the
extent that the system can be controlled by the
landlord;
(d) Adequate heating facilities which conform to
applicable
law at the time of installation and maintained in
good working order;
(e) Electrical lighting with wiring and electrical
equipment which conform to applicable law at the
time of installation and maintained in good working
order;
(f) Buildings, grounds and appurtenances at the time
of the
commencement of the Lease agreement in every
part safe for
normal and reasonably foreseeable uses, clean,
sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin, and all
areas under control of the landlord kept in every
part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage,
rodents and vermin;
(g) Except as otherwise provided by local ordinance
or by written agreement between the landlord and
the tenant, an adequate number of appropriate
receptacles for garbage and rubbish in clean
condition and good repair at the time of the
commencement of the Lease agreement, and the
landlord shall provide and maintain appropriate
serviceable receptacles thereafter and arrange for
their removal;
(h) Floors, walls, ceilings, stairways and railings
maintained in good repair;
(i) Ventilating, air conditioning and other facilities
and appliances, including elevators, maintained in
good repair if supplied or required to be supplied by
the landlord;
(j) Safety from fire hazards, including a working
smoke alarm or smoke detector, with working
batteries if solely battery-operated, provided only at
the beginning of any new Lease when the tenant
first takes possession of the premises, but not to
include tenant's testing of the smoke alarm or smoke
detector; or (k) Working locks for all dwelling entrance doors,
and, unless contrary to applicable law, latches for all
windows, by which access may be had to that
portion of the premises which the tenant is entitled
under the Lease agreement to occupy to the
exclusion of others and keys for such locks which
require keys.
10. OBLIGATIONS AND DUTIES OF
TENANT:
In compliance with Oregon Revised Code § 90.325,
Tenant shall:
(1) Use the parts of the premises including the living
room, bedroom, kitchen, bathroom and dining room
in a reasonable manner considering the purposes for
which they were designed and intended;
(2) Keep all areas of the premises under control of
the tenant in every part as clean, sanitary and free
from all accumulations of debris, filth, rubbish,
garbage, rodents and vermin, as the condition of the
premises permits and to the extent that the tenant is
responsible for causing the problem. The tenant
shall cooperate to a reasonable extent in assisting
the landlord in any reasonable effort to remedy the
problem;
(3) Dispose from the dwelling unit all ashes,
garbage, rubbish and other waste in a clean, safe and
legal manner. With regard to needles, syringes and
other infectious waste, the tenant may not dispose of
these items by placing them in garbage
receptacles or in any other place or manner except
as authorized by state and local governmental
agencies;
(4) Keep all plumbing fixtures in the dwelling unit
or used by the tenant as clean as their condition
permits;
(5) Use in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances
including elevators in the premises;
(6) Test at least once every six months and replace
batteries as needed in any smoke alarm or smoke
detector provided by the landlord and notify the
landlord in writing of any operating deficiencies;
(7) Not remove or tamper with a properly
functioning smoke alarm or smoke detector,
including removing any working batteries;
(8) Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises
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or knowingly permit any person to do so; and
(9) Behave and require other persons on the
premises with the consent of the tenant to behave in
a manner that will not disturb the peaceful
enjoyment of the premises by neighbors.
Tenant agrees that any violation of these provisions
shall be considered a breach of this Lease.
11. NO ASSIGNMENT: Tenant expressly
agrees that the leased premises nor any portion
thereof shall not be assigned or sub-let by Tenant
without the prior written consent of Landlord.
12. TENANT INSURANCE: Landlord shall not
be liable to Tenant, Tenant’s family or Tenant’s
invitees, licensees, and/or guests for damages not
proximately caused by Landlord or Landlord’s
agents. Landlord will not compensate Tenant or
anyone else for damages proximately caused by any
other source whatsoever, or by Acts of God, and
Tenant is therefore strongly encouraged to
independently purchase insurance to protect Tenant,
Tenant’s family, Tenant’s invitees, licensees, and/or
guests, and all personal property on the leased
premises and/or in any common areas from any and
all damages.
13. CONDITION OF LEASED PREMISES:
Tenant hereby acknowledges that Tenant has
examined the leased premises prior to the signing of
this Lease, or knowingly waived said examination.
Tenant acknowledges that Tenant has not relied on
any representations made by Landlord or Landlord’s
agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or
representations beyond those contained herein or
required by applicable Oregon law. Tenant agrees
not to damage the premises through any act or
omission, and to be responsible for any damages
sustained through the acts or omissions of Tenant,
Tenant’s family or Tenant’s invitees, licensees,
and/or guests. If such damages are incurred, Tenant
is required to pay for any resulting repairs at the
same time and in addition to the next month’s rent
payment, with consequences for non-payment
identical to those for non-payment of rent described
herein. At the expiration or termination of the
Lease, Tenant shall return the leased premises in as
good condition as when taken by Tenant at the
commencement of the lease, with only normal wear-
and-tear excepted. Tenant shall have the right to
remove from the premises Tenant’s fixtures placed
thereon by Tenant at his expense, provided,
however, that Tenant in effecting removal, shall
restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition
of Tenant’s fixture. Failing this, Tenant shall be
obligated to pay for repairs as stated above.
14. ALTERATIONS: Tenant shall make no
alterations, decorations, additions, or improvements
to the leased premises without first obtaining the
express written consent of Landlord. Any of the
above-described work shall become part of the
dwelling. If carried out by independent contractors,
said contractors must be approved by Landlord.
Tenant shall not contract for work to be done
without first placing monies sufficient to satisfy the
contract price in an escrow account approved by
Landlord. All work shall be done at such times and
in such manner as Landlord may designate. If a
construction or mechanic’s lien is placed on the
leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant’s sole expense. Tenant shall be considered
in breach of this Lease upon failure to satisfy said
lien.
15. NO ILLEGAL USE: Tenant shall not
perpetrate, allow or suffer any acts or omissions
contrary to law or ordinance to be carried out upon
the leased premises or in any common area. Upon
obtaining actual knowledge of any illegal acts or
omissions upon the leased premises, Tenant agrees
to immediately inform Landlord and the appropriate
authorities. Tenant shall bear responsibility for any
and all illegal acts or omissions upon the leased
premises and shall be considered in breach of this
Lease upon conviction of Tenant or any of Tenant’s
family or invitees, licensees, and/or guests for any
illegal act or omission upon the leased premises-
whether known or unknown to Tenant.
16. NOTICE OF INJURIES: In the event of
any significant injury or damage to Tenant, Tenant’s
family, or Tenant’s invitees, licensees, and/or
guests, or any personal property, suffered in the
leased premises or in any common area, written
notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of
notices (identical to address for payment of rent) as
soon as possible but not later than five (5) days after
said injury or damage. Failure to provide such
notice shall constitute a breach of this Lease.
17. LANDLORD’S RIGHT TO
MORTGAGE: Tenant agrees to accept the
premises subject to and subordinate to any existing
or future mortgage or other lien, and Landlord
reserves the right to subject premises to same.
Tenant agrees to and hereby irrevocably grants
Landlord power of attorney for Tenant for the sole
purpose of executing and delivering in the name of
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the Tenant any document(s) related to the
Landlord’s right to subject the premises to a
mortgage or other lien.
18. ABANDONMENT: Abandonment shall
be defined as the absence of the Tenant from the
leased premises for a period of seven (7) or more
consecutive days while rent or any owing monies
remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition
is subordinate to, and shall not in any way impair,
the rights and remedies of Landlord under this Lease
or applicable Oregon law, except that in case of
abandonment, Landlord or Landlord’s agents may
immediately or any time thereafter enter and re-take
the leased premises as provided by applicable
Oregon law, and terminate this Lease without notice
to Tenant.
19. NOTICE OF ABSENCE FROM PREMISES:
If Tenant is to be absent from the leased premises
for seven (7) or more consecutive days, written
notice of such should be served upon Landlord. If
such absences are to be customary or frequent, the
expected frequency and duration of absence should
be summarily noted here: _____________________
__________________________________________
__________________________________________
____________
Tenant expressly agrees and understands that
absence from the premises, with or without notice,
in no way obviates the requirement to pay rent and
other monies as stated herein, or the consequences
of failure to timely pay same.
20. MATERIALITY OF APPLICATION TO
RENT: All representations made by Tenant(s) on
the Application to Rent (or like-titled document) are
material to the grant of this Lease, and the Lease is
granted only on condition of the truthfulness and
accuracy of said representations. If a failure to
disclose or lack of truthfulness is discovered on said
Application, Landlord may deem Tenant to be in
breach of this Lease.
21. MODIFICATION OF THIS LEASE: Any
modification of this lease shall not be binding upon
Landlord unless in writing and signed by Landlord
or Landlord’s authorized agent. No oral
representation shall be effective to modify this
Lease. If, as per the terms of this paragraph, any
provision of this lease is newly added, modified, or
stricken out, the remainder of this Lease shall
remain in full force and effect.
22. REMEDIES NOT EXCLUSIVE: The
remedies and rights contained in and conveyed by
this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by
applicable Oregon law.
23. SEVERABILITY: If any provision
herein, or any portion thereof, is rendered invalid by
operation of law, judgment, or court order, the
remaining provisions and/or portions of provisions
shall remain valid and enforceable and shall be
construed to so remain.
24. NO WAIVER: The failure of Landlord to
insist upon the strict performance of the terms,
covenants, and agreements herein shall not be
construed as a waiver or relinquishment of
Landlord's right thereafter to enforce any such term,
covenant, or condition, but the same shall continue
in full force and effect. No act or omission of
Landlord shall be considered a waiver of any of the
terms or conditions of this Lease, nor excuse any
conduct contrary to the terms and conditions of this
Lease, nor be considered to create a pattern of
conduct between the Landlord and Tenant upon
which Tenant may rely upon if contrary to the terms
and conditions of this Lease.
25. HEIRS AND ASSIGNS: It is agreed and
understood that all covenants of this lease shall
succeed to and be binding upon the respective heirs,
executors, administrators, successors and, except as
provided herein, assigns of the parties hereto, but
nothing contained herein shall be construed so as to
allow the Tenant to transfer or assign this lease in
violation of any term hereof.
26. DESTRUCTION OF PREMISES: In the
event the leased premises shall be destroyed or
rendered totally untenable by fire, windstorm, or
any other cause beyond the control of Landlord,
then this Lease shall cease and terminate as of the
date of such destruction, and the rent shall then be
accounted for between Landlord and Tenant up to
the time of such damage or destruction of said
premises as if being prorated as of that date. In the
event the leased premises are damaged by fire,
windstorm or other cause beyond the control of
Landlord so as to render the same partially
untenable, but repairable within a reasonable time,
then this lease shall remain in force and effect and
the Landlord shall, within said reasonable time,
restore said premises to substantially the condition
the premises were in prior to said damage, and there
shall be an abatement in rent in proportion to the
relationship the damaged portion of the leased
premises bears to the whole of said premises.
27. EMINENT DOMAIN: In the event that
the leased premises shall be taken by eminent
domain, the rent shall be prorated to the date of
Residential Lease Agreement, Page 7
U.S. Legal Forms, Inc. http://www.uslegalforms.com
Form OR-864-1LT
taking and this Lease shall terminate on that date.
28. LANDLORD ENTRY: In addition to the
rights provided by applicable Oregon law, Landlord
shall have the right to enter the leased premises at
all reasonable times for the purpose of inspecting
the same and/or showing the same to prospective
tenants or purchasers, and to make such reasonable
repairs and alterations as may be deemed necessary
by Landlord for the preservation of the leased
premises or the building and to remove any
alterations, additions, fixtures, and any other objects
which may be affixed or erected in violation of the
terms of this Lease. Landlord shall give reasonable
notice of intent to enter premises except in the case
of an emergency.
29. GOVERNING LAW: This Lease is governed
by the statutory and case law of the State of Oregon.
30. LEAD-BASED PAINT DISCLOSURE:
HOUSING BUILT BEFORE 1978 MAY
CONTAIN LEAD-BASED PAINT. LEAD FROM
PAINT, PAINT CHIPS, AND DUST CAN POSE
HEALTH HAZARDS IF NOT MANAGED
PROPERLY. LEAD EXPOSURE IS
ESPECIALLY HARMFUL TO YOUNG
CHILDREN AND PREGNANT WOMEN.
BEFORE RENTING PRE-1978 HOUSING,
LESSORS MUST DISCLOSE THE PRESENCE
OF KNOWN LEAD-BASED PAINT AND/OR
LEAD-BASED PAINT HAZARDS IN THE
DWELLING. LEASEES MUST ALSO
RECEIVE A FEDERALLY APPROVED
PAMPHLET ON LEAD POISONING
PREVENTION.
Landlord states as follows: [Landlord check one]
The leased premises was constructed in 1978 or
later.
The leased premises was constructed prior to
1978. Landlord has conformed with all federal
requirements regarding lead-based paint
disclosure including the completion and mutual
signing with Tenant and any agents, of the
Lead-Based Paint Disclosure Form attached
hereto and incorporated into this lease as a part
hereof. All associated information required by
the Disclosure form (if any) was furnished to
Tenant, and Tenant received the EPA pamphlet
“ Protect Your Family from Lead in Your
Home. ”
31. ADDITIONAL PROVISIONS:
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Residential Lease Agreement, Page 8
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE
THIS PAGE IS NOT PART OF THE LEASE. IT IS PROVIDED BY USLF TO AID THE
LANDLORD IN COMPLYING WITH FEDERAL LEAD-BASED PAINT DISCLOSURE
LAW, FOR DWELLING UNITS BUILT PRIOR TO 1978.
IMPORTANT!!! NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS
Introduction: If the rental dwelling unit was constructed PRIOR TO 1978, federal law REQUIRES a Lead-
Based Paint Disclosure Form to be attached to the lease, completed and signed by the lessor/landlord and
lessee/tenant. If the rental dwelling was constructed in 1978 or later, this form is not required. If in doubt about
the timing of construction, use the disclosure form. Whenever the form is used, the landlord must also give the
tenant the EPA lead-based paint pamphlet discussed below. Landlords must retain a copy of the signed
disclosure form for no less than three years from the date the lease begins.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the
Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disclosure of known
information on lead-based paint and related hazards before the lease of most housing built before 1978.
Requirements: Before the lease is signed and agreed to, landlords must fully comply with lead-paint disclosure
law. Compliance is accomplished by:
(1) Fully completing and delivering to the tenants, as an attachment to the lease, the LEAD-BASED PAINT
DISCLOSURE form (the lessees/renters also initial and sign this form), and
(2) Giving the tenants the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the
download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily
do so using USLF. http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it
into the address window of you internet browser) and select your state. Two forms will be accessed. You want
the “LEAD2” form, for rental transactions ( not the “LEAD1” form for sales). Click the “Information and
Preview” link for more info on the form, and then order the form.
The Free EPA Pamphlet: The landlord must give the tenants the EPA-approved information pamphlet on
identifying and controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home."
You may obtain and print this pamphlet free by clicking the following download link (or copying the link into
the address window of your internet browser):
http://www.epa.gov/lead/pubs/leadpdfe.pdf
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely
circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy.
~ Thank you for using USLF ~
Thank you for downloading our
Residential Lease Agreement
For Landlords who already have a Lease Agreement form, our database also offers
our Supplemental Lease Forms Package for your state – without the Lease – to
ensure you have all the forms necessary to complete your transaction.
The Supplemental Lease Forms Package contains the following state-specific
forms:
1. Residential Lease Application
2. Consent to Background and Reference Check
3. Salary Verification for Potential Lease or Loan
4. Lead Based Paint Disclosure (Rental)
5. Inventory and Condition of Leased Premises: Pre-Lease
6. Inventory and Condition of Leased Premises: Post-Lease
7. Tenant Welcome Letter
8. Warning Notice for Failure to Pay Rent
9. Notice to Pay Rent or Lease Terminates (Residence)
10. Landlord Tenant Closing Statement
Save time, money and hassle by having these forms at your fingertips.
