Oregon Rental Smoking Rules: Tenant Rights and Disclosures

Renting in Oregon involves not only understanding your lease, but also the rules about smoking inside your apartment or rental house. Smoking policies can heavily affect your quality of living, neighbor relationships, and even your rights when moving in or disputing a charge. Oregon law gives renters certain protections and governs what landlords must do about smoking disclosures and policies. This article explains the essentials for renters—so you can know what to expect, what paperwork matters, and what to do if issues come up.

What Are Smoking Policies in Oregon Rentals?

Oregon law allows landlords to ban or restrict smoking—including tobacco, marijuana, and vaping—on their property. But state law also requires that these policies be made clear to renters in the rental agreement. Neither state nor federal law requires that all rentals be smoke-free, but Oregon does ensure you have a right to know about your landlord's policy before you move in.

Oregon's Required Smoking Disclosure

Under Oregon Revised Statutes (ORS) 90.220, landlords must disclose their smoking policy to all new tenants in writing.^[1]

• The policy must clearly state whether smoking is allowed on the property, and if so, where (unit, balconies, common areas, etc.).
• If no written disclosure is provided, the rental is considered smoke-free by law.

Be sure you have a copy of your lease or rental agreement, and look for a section on smoking policies. If your landlord uses an official form or template, it must meet the state disclosure requirements.

Common Smoking Policy Types

• Smoke-free property: No smoking allowed anywhere on the premises, including units, balconies, and common areas.
• Designated areas: Smoking only allowed in specified outdoor or indoor locations (often with signage).
• Unit-specific: Some units or buildings may allow smoking, while others are smoke-free.

Official Forms: Oregon Rental Smoking Disclosure

• Form Name: Smoking Policy Disclosure (no form number)
• When to Use: Landlords must provide this written disclosure before a new tenancy begins. For example, if you sign a new lease for an apartment in Portland, you should receive a form or addendum that describes the smoking policy for your building.
• Download the official Smoking Policy Disclosure form (PDF)

This form protects both landlords and renters by clarifying the rules up front. If you did not receive a written policy, you can ask your landlord to provide it.

What Happens if There Is a Dispute?

Disagreements about smoking policies—such as unauthorized smoking or exposure to smoke by neighbors—are handled under Oregon landlord-tenant law. You can:

• Communicate in writing with your landlord to address the issue
• Request enforcement of the policy if a neighbor is violating the rules
• Document evidence of violations (photos, witness statements, etc.)

If problems are not resolved, tenants and landlords in Oregon may bring disputes before the official tribunal for residential tenancies: the Oregon Circuit Court – Landlord-Tenant Division.^[2]

Helpful Action Steps

• Request a written smoking policy if you did not receive one at move-in
• If a neighbor violates the policy, notify your landlord in writing and keep a copy
• If unresolved, you may file a complaint or claim with the local Circuit Court

Always keep records of your communication and evidence of violations.

Your Rights and Responsibilities Under Oregon Law

As a renter in Oregon, you have the right to a clear, written smoking policy and can expect your landlord to enforce it as described in your lease or disclosure. However, you are also responsible for following the policy—violations may result in warnings, fees, or lease termination under ORS Chapter 90: Oregon Residential Landlord and Tenant Act.^[3]

FAQ: Oregon Smoking Policies for Renters

1. Does my landlord have to allow smoking in my Oregon rental?
   No, Oregon law allows landlords to prohibit or allow smoking. However, they must provide you with a written smoking policy before you move in.
2. What if I didn't receive a smoking disclosure form when signing my lease?
   According to state law, if a disclosure is not provided, your rental is considered smoke-free by default. You can request your landlord provide the required notice or form.
3. Can my landlord change the smoking policy after I move in?
   A landlord may be able to change the policy, but must comply with state notice requirements and provide written notice before enforcing new rules. Check your lease for specific change provisions.
4. How do I file a complaint if my neighbor is violating the smoking policy?
   First, notify your landlord in writing. If the issue is not resolved, you may file a claim with the Oregon Circuit Court – Landlord-Tenant Division.
5. Does the smoking policy cover marijuana and vaping?
   Yes. Most Oregon rental smoking policies include tobacco, marijuana, and vaping unless otherwise specified in your lease or disclosure form.

Conclusion: What Oregon Renters Should Remember

• Always ask for and keep a written smoking policy from your landlord before you move in
• Follow the specified rules to avoid lease violations
• Document any disputes and know your right to bring unresolved issues to the official Oregon Circuit Court for residential tenancies

A clear smoking policy helps prevent misunderstandings and protects your living environment. Stay informed and proactive for the best rental experience.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Renters Resources
• Oregon Official Rental Forms and Notices
• Oregon Circuit Court – Landlord-Tenant Information
• Contact Legal Aid Services of Oregon at lasoregon.org for legal advice and assistance

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1. Oregon Revised Statutes, ORS 90.220 – Disclosure of Smoking Policy
2. Oregon Circuit Court – Landlord-Tenant Division
3. ORS Chapter 90 – Oregon Residential Landlord and Tenant Act

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