Oregon landlord access: 24 hours of actual notice, a tenant's right to deny and a damages floor
ORS 90.322 requires at least 24 hours' actual notice of the landlord's intent to enter, at reasonable times, unless the parties agree otherwise for a specific entry. Oregon is unusual because the tenant can deny consent after getting the notice, and a landlord who enters unlawfully can owe at least one month's rent in damages.
Why can an Oregon landlord enter?
The statute lists inspection of the premises, necessary or agreed repairs, decorations, alterations or improvements, supplying necessary or agreed services, agreed yard maintenance or grounds keeping, and showing the unit to prospective or actual buyers, mortgagees, tenants, workers or contractors. Entry covers the dwelling and any part of the premises under the tenant's exclusive control.
Can the tenant say no?
Yes, and this is the feature that surprises owners. After receiving the notice, the tenant can deny consent, and the landlord may not enter after a valid denial. The tenant denies by giving actual notice, or by attaching a written denial securely to the main entrance of the unit before or at the time of the attempted entry. The tenant may not unreasonably withhold consent, so a denial with no reason can itself be a problem for the tenant. A landlord facing refused lawful access can seek an injunction, or end the tenancy under ORS 90.392 and take possession, and may recover actual damages.
When does the 24-hour rule not apply?
- Emergency: entry without consent or notice at any time, such as a repair problem likely to cause serious damage unless fixed immediately. If the tenant is absent, the landlord must give actual notice within 24 hours after entry stating the fact of entry, the date and time, the nature of the emergency and the names of the people who entered.
- Repair requests: after a written request, the landlord may enter in the tenant's absence without further notice until the repairs are finished. The authorization expires after seven days unless repairs are in progress and being completed in a timely manner.
- Serving notices: the landlord may enter outside areas under the tenant's exclusive control, but not the dwelling, to serve required notices.
- Showings to buyers: no-notice showings are allowed only by a separate signed writing, made while the landlord is trying to sell and supported by separate consideration.
What does unlawful entry cost?
For unlawful or unreasonable entry, or harassment, the tenant may seek an injunction or terminate under ORS 90.360(1), and may recover actual damages of at least one week's rent for week-to-week tenancies, or one month's rent for other tenancies. The section does not apply to rented spaces in a manufactured dwelling or floating home facility under ORS 90.505 to 90.850.
Handling a denied visit in Oregon
A denial is not the end of the matter, but it changes what you do next. First check whether the tenant gave actual notice or attached a written denial to the entrance, and whether the reason looks reasonable. If a repair is urgent, call and offer two other times that same day. Keep every attempt dated. If the tenant keeps refusing lawful access, your remedies are the injunction or the termination path in the statute, and your log will carry the case. Do not enter anyway: the damages floor of one month's rent for unlawful entry is larger than most single repairs cost.
How DoorKeeping fits in Oregon
DoorKeeping keeps the messages you send tenants in one thread with each unit, so the entry notice you write for Oregon and the date it went out sit beside the lease and the work order. A tenant's reply that denies a visit lands in the same thread, so the denial is easy to find before a worker is sent. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How much notice must an Oregon landlord give?
- At least 24 hours' actual notice, unless the parties agree otherwise for a specific entry.
- Can an Oregon tenant deny entry?
- After getting notice, yes, by actual notice or a written denial attached to the main entrance. The tenant may not unreasonably withhold consent.
- What damages can a tenant get for unlawful entry in Oregon?
- Actual damages of at least one month's rent for most tenancies, or one week's rent for week-to-week ones.