Landlord Question and Answer Forum

Oregon legislators passed into law a series of changes to Oregon landlord-tenant law that went into effect on January 1 this year. Anyone care to comment on them?

If five people apply for a rental unit, and I have to pay $30-40 apiece to run credit, criminal, etc background checks, but I have to give back four of those five application fees, then I'm out a minimum of $120, to ensure a murderer isn't moving into my triplex and a danger to my other tenants. How exactly is that fair? That's the problem with protective legislation - it's as soft-headed as it is soft-hearted, as now I may not screen my tenants as carefully as I might otherwise, so my other tenants in neighboring units will be less safe because of this legislation.

Posted by Gregory T, CA on Friday, April 6, 2012

I agree with the above statement. I do not think myself to be an over critical screener when I have potential tenants apply (currently have a tenant in with assault record) but I need to know if they have bad credit, have committed a major felony such as robbery, rape, murder, etc. how is making a landlord pay ok? I only charge the cost to run a criminal and credit background. This doesn't take into account the runaround I have to do checking personal and rental references and in this last case a Parole officer. Also when my tenants are late on rent their lease says 50$ if it's more than 5 days late and ten dollars every day afterwards. So does this mean the lease has to change?

Posted by Hiilei B, OR on Friday, May 18, 2012

I believe this only applies if the screening was not run. Here's what my copy of the ORS 90.295 section (8) reads: (8) The applicant may recover from the landlord twice the amount of any applicant screening charge paid, plus $150, if: (a) The landlord fails to comply with this section and does not within a reasonable time accept the applicant’s application for a rental agreement; or (b) The landlord does not conduct a screening of the applicant for any reason and fails to refund an applicant screening charge to the applicant within a reasonable time. [1993 c.369 §26; 1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14; 2011 c.42 §2] If anyone knows about amendments to this, please respond.

Posted by John S, OR on Friday, May 18, 2012