Essential Clauses for Oregon Roommate Agreements
Sharing a home with a roommate in Oregon can help save on rent and utilities, but it can also lead to disagreements if expectations aren't clear. Having a written roommate agreement is a smart step for any tenant. Oregon law doesn't require roommates to sign an agreement, but having one can help avoid misunderstandings and protect everyone's rights. Here’s what every Oregon renter should know before moving in with someone new.
Why a Roommate Agreement Matters in Oregon
A roommate agreement outlines each person’s responsibilities and helps clarify expectations around rent, shared spaces, chores, and more. Unlike your lease, which is between tenants and the landlord, this agreement is between you and your roommates. While not legally required by Oregon law, it can be enforced in small claims court if one roommate doesn't honor the terms.
Must-Have Clauses for Your Roommate Agreement
Before you sign a lease or invite someone to share your apartment, make sure your roommate agreement covers these key issues:
- Rent and Utilities: How much does each roommate pay? When and how are payments due? Who pays the landlord, and how are utility bills split?
- Security Deposit: Who paid the deposit, and how will it be divided at move-out?
- Cleaning and Chores: How will cooking, cleaning, and other chores be shared?
- Guests and Quiet Hours: Are overnight guests allowed? Is there a policy on parties or noise?
- Move-Out Procedures: What happens if a roommate wants to leave early? How much notice must they give—30 days is standard in Oregon.
- Repairs and Damages: Who is responsible if someone causes damage? How will common-area repairs be handled?
- Subletting: May a roommate bring in a subletter? Does everyone have to agree?
These clauses help manage common sources of conflict and set clear rules for everyone living together.
Roommate Agreements and Oregon Landlord-Tenant Law
Oregon's main law governing rentals is the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). While roommate agreements are not covered directly by this Act, the law does affect situations where there is a dispute, eviction, or request for the return of the security deposit. Usually, only tenants listed on the lease have a direct relationship with the landlord, but all roommates should understand their rights and responsibilities under state law.
Official Forms and Tribunals
- Notice of Termination (30-Day Notice to Vacate): Required if a roommate is also named on the lease and wishes to move out. Example: You and your roommate are co-tenants, and your roommate plans to leave. They must give written notice to the landlord and other tenants at least 30 days before moving. Learn more and access the official form template from the Oregon Housing & Community Services.
- Small Claims Complaint (Form 15-01): Used to recover unpaid rent, utilities, or damages when a roommate violates the agreement. Example: Your roommate leaves early without paying their share of rent. You can file a claim in Oregon Small Claims Court. The complaint form and instructions are available from the Oregon Judicial Department.
The official agency overseeing residential tenancy in Oregon is the Oregon Housing and Community Services (OHCS). You may also look up information for renters and landlords at the Oregon Judicial Department.
What to Do If a Roommate Breaks the Agreement
If a roommate stops paying their share, damages property, or violates your agreement, talk to them first to try to resolve the issue. If that doesn't work, you may be able to:
- Send a written request or demand for payment
- Give notice to the landlord if needed (especially if a co-tenant moves out)
- File a claim in small claims court using official forms
Oregon law does not give you the right to evict a roommate unless you are also the landlord. If serious issues persist, you may need to consult legal resources or contact Oregon Law Help for free advice.
Steps to Creating an Oregon Roommate Agreement
Here’s a summary of how to make a fair roommate agreement in Oregon:
- Discuss expectations about rent, chores, guests, and more before moving in
- Write up the agreed terms as clearly as possible
- Have all roommates review and sign the document
- Give each roommate a copy and keep it in a safe place
- Do all roommates have to be on the lease in Oregon?
Not necessarily. Some roommates may be subtenants or "guests." Only those listed on the lease are legally responsible to the landlord, but a roommate agreement can still cover all residents. - Is a roommate agreement legally binding in Oregon?
Yes, if it is signed and includes clear terms, a roommate agreement can be enforced in Oregon small claims court if someone fails to meet their obligations. - Can I remove a roommate from our shared housing?
You cannot remove a roommate unless you are their landlord or sublessor. If you both are on the lease, you must resolve the issue with the landlord or through the courts. - Who is responsible for damages in a shared rental?
All tenants listed on the lease may be liable to the landlord, but your roommate agreement can clarify individual responsibility for damages between roommates. - How can I end a roommate arrangement in Oregon?
Most arrangements require written notice (typically 30 days). Use the official 30-day notice form and talk to your landlord if you're also on the lease.
Need Help? Resources for Renters
- Oregon Housing and Community Services (OHCS) – State renter resources and housing help
- Oregon Judicial Department – Small claims, landlord/tenant forms, and guides
- Oregon Law Help – Free legal info and referral for renters
- Portland Housing Bureau – Resources for Portland renters (local support)
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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