How to Transfer a Lease to a New Tenant in Oregon

Transferring a lease—sometimes called lease assignment or subletting—can be a practical option if you need to move out before your lease in Oregon ends. Understanding the process, potential risks, and the official steps can help you protect your rights and avoid legal issues. This guide explains how to transfer your rental lease to a new tenant in Oregon, including required forms, landlord permissions, and what to expect.

Understanding Lease Transfer, Assignment, and Subletting in Oregon

Transferring a lease means allowing another person (the "new tenant") to take over your legal obligations in a rental agreement. In Oregon, this is usually called assignment if you fully transfer all rights and responsibilities, and subletting if you remain responsible while someone else moves in. It’s important to review your original lease agreement for any terms about assignment or subletting.

What Oregon Law Says

In Oregon, rental laws require that tenants get written permission from the landlord before assigning or subletting, as described in Oregon Revised Statutes (ORS) Chapter 90: Residential Landlord and Tenant Law.¹ Landlords cannot unreasonably refuse a legitimate request, but they may set reasonable conditions, such as requiring the new tenant to pass a background check.

Steps to Transfer Your Lease

Here’s an overview of how an Oregon renter can transfer a lease to a new tenant:

• Read Your Lease Carefully: Check for any clauses that address assignment or subletting. Some leases may prohibit it outright or require landlord consent.
• Find a Qualified Replacement Tenant: The new renter should be willing to undergo standard screening, just like you did.
• Request Permission in Writing: Send a written request to your landlord describing your intent and the prospective tenant’s information. Oregon’s Statewide Tenant Resource Page offers helpful templates and guidance.²
• Landlord Screening: Your landlord may require an application and background check, similar to the initial leasing process.
• Sign Official Assignment/Sublease Agreement: Use written agreements to cover the rights and responsibilities of all parties.
• Update Official Records: Ensure your landlord and (if applicable) management company receive copies of all signed documents and update the official lease files.

Official Oregon Forms for Lease Assignment

• Form Name: "Request for Lease Assignment or Sublease (No official Oregon form number)"
• When and How Used: Tenants write a formal letter or fill out a landlord-provided form requesting assignment or sublet approval, including prospective tenant information.
• Practical Example: If Jane needs to move for a new job, she submits a written "Request for Lease Assignment" to her landlord, introducing the new renter who wants to take on her lease. The landlord reviews the new tenant’s application and provides written consent if approved.
• View Oregon tenant notice templates (PDF) for optional request examples.

Note: Oregon doesn’t have a single required government form for lease assignments or subleases. However, written documentation is essential for your protection. If your landlord uses a specific form, request a copy for your records.

What If My Landlord Refuses?

Landlords in Oregon can set reasonable standards for approving a lease transfer, such as conducting a background check or ensuring the new tenant meets income criteria. However, they cannot refuse the transfer without a fair or legal reason, and must provide a written explanation if denying the request.¹

What to Include in Your Written Request

• Request to assign or sublet the lease
• Details of the new tenant (name, contact info, proposed move-in date)
• A note stating you will no longer occupy the rental (for assignments) or share the lease (for sublets)
• Signature and date

Providing complete information can help your landlord make a prompt, informed decision and document your compliance under Oregon law.

Key Oregon Laws and Tenant Rights

• Oregon Revised Statutes (ORS) Chapter 90 governs all assignments and subleases. Familiarize yourself with tenant rights and landlord’s duties at the ORS 90: Residential Landlord and Tenant Law site.
• Disputes are handled by the Oregon Residential Landlord and Tenant Board.

Frequently Asked Questions About Lease Transfers in Oregon

1. Can my landlord refuse to let me transfer my lease?
   Oregon law allows landlords to set reasonable conditions (like screening criteria) but prohibits unreasonable refusals. Any denial should come with a written explanation.
2. Am I responsible for the lease after assigning it to a new tenant?
   If the lease is fully assigned and all parties sign a formal agreement, you are generally released from responsibility. For subleases, you remain liable to the landlord if the subtenant fails to pay.
3. Is there an official Oregon state form to transfer a lease?
   No single state-issued form exists. Use a written request or your landlord's assignment form and keep copies for your records.
4. How do I know if my lease allows assignment or subletting?
   Read your original rental contract for a section about "assignment" or "subletting." If unclear, contact the landlord in writing for clarification.
5. What can I do if my landlord unreasonably denies my request?
   You may file a complaint or seek mediation through the Oregon Residential Landlord and Tenant Board or obtain legal advice from qualified resources.

Conclusion: What Oregon Renters Should Remember

• Always check your lease and get written landlord approval before transferring a lease.
• Use clear, dated documentation for your request and any agreements.
• If you have issues, Oregon law and renter advocacy groups offer support to protect your rights.

Following state procedures helps prevent misunderstandings and ensures both you and the new tenant are properly protected under Oregon law.

Need Help? Resources for Renters

• Oregon Residential Landlord and Tenant Board – Handles tenant-landlord disputes, complaints, and information
• Oregon Housing and Community Services: Rental Housing Resources – Guidance, educational resources, and notice templates
• Oregon Revised Statutes Chapter 90 – Full text of state residential tenancy law
• Dial 2-1-1 or visit 211info Housing for tenant referrals and general assistance

---

1. Oregon Revised Statutes (ORS) Chapter 90: Residential Landlord and Tenant Law
2. Oregon Housing and Community Services: Rental Housing Resources

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations