Oregon Renters’ Guide to Occupancy Limits and Overcrowding Laws

Understanding occupancy limits and overcrowding laws is important for anyone renting a home or apartment in Oregon. State law and local rules set clear standards for how many people can live in a rental unit. This helps ensure safety, health, and a comfortable living environment. Below, we break down what renters and shared households need to know about these regulations, including official forms, complaint steps, and where to get help.

What Are Occupancy Limits?

Occupancy limits set the maximum number of people allowed to live in a rental unit. Local codes and state law both impact these rules. Following them protects renters’ health and safety, prevents fire hazards, and avoids overcrowding complaints.

How Oregon Regulates Occupancy

• State law: Oregon generally follows the "two plus one" guideline—two people per bedroom, plus one additional person in the rental unit.^[1]
• Local codes: Cities and counties may have stricter occupancy or housing standards. Always check local ordinances for your city or county.

Landlords may set reasonable, non-discriminatory occupancy limits, but cannot make rules that violate fair housing laws or the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).

Overcrowding: What It Means and Why It Matters

"Overcrowding" means more people are living in a unit than are allowed by law or local building/fire codes. If a unit is overcrowded, landlords or local authorities may require tenants to reduce occupancy, or, in serious cases, may issue eviction or fines.

Risks of Overcrowding

• Fire hazards
• Health and sanitation concerns
• Potential eviction for lease violations

Landlords must provide written notice before taking action and follow required legal processes.

Relevant Forms for Oregon Renters

When dealing with an overcrowding or occupancy issue, you may need to submit or respond to these official forms:

• Notice of Termination With Cause (ORS 90.392 or 90.394)
  When and how used: A landlord may issue this form if tenants have violated occupancy limits. It must specify the violation and give an opportunity to correct it within a set period.
  View official Notice of Termination form (Oregon Judicial Department)
• Complaint to Local Code Enforcement
  When and how used: If you believe your rental is forced into overcrowded conditions or is unsafe, you can submit a complaint to your city or county code enforcement department. Check your local city's housing authority website, such as Portland Rental Services Office.

You may also need to review your lease and any building rules to clarify occupancy allowances.

Action Steps If You Have an Occupancy or Overcrowding Issue

• Review your lease agreement for specific occupancy rules
• Check local housing or building codes to ensure compliance
• Communicate with your landlord about concerns or to seek permission for added occupants
• If you receive a notice, respond promptly—correct the violation or seek legal advice
• Contact local tenant support or legal aid if you need help resolving disputes

Tribunal Handling Rental Disputes in Oregon

In Oregon, rental disputes, including those about occupancy and overcrowding, are typically resolved through the circuit court system or small claims court for monetary claims. For official guidance and forms, see the Oregon Judicial Department Landlord-Tenant page.

FAQ: Oregon Overcrowding and Occupancy Limit Laws

1. Can my landlord set occupancy limits stricter than Oregon's default law?
   Yes, landlords may set stricter occupancy rules if they are reasonable and non-discriminatory, but they must comply with state and local fair housing laws and ORS Chapter 90.
   
2. What should I do if I get a notice about violating occupancy limits?
   Review the notice carefully, correct the issue (such as reducing the number of occupants), and communicate with your landlord. If you believe the notice is unfair, consider seeking free legal advice or contacting a local tenant resource.
   
3. How do I find out my local occupancy codes?
   Contact your city or county's housing or code enforcement office. For Portland, visit the Portland zoning and occupancy limits page.
   
4. Is it legal to have roommates if it stays within occupancy limits?
   Yes, having roommates is legal as long as you follow the stated occupancy rules and your lease agreement.
5. Can I be evicted immediately for overcrowding?
   No, a landlord must provide written notice and allow time for you to correct the issue, following the procedures outlined in ORS Chapter 90 and your lease.

Key Takeaways

• Oregon occupancy limits are typically "two plus one" per bedroom, but check your local codes and lease.
• Landlords and renters must follow state law and local ordinances—violations could result in written notices and potential eviction.
• Resources exist for renters facing disputes over overcrowding or occupancy laws.

Understand these rules to avoid housing disputes and maintain a safe living situation.

Need Help? Resources for Renters

• Oregon Judicial Department—Landlord Tenant Information
• Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
• Oregon Law Center—Renters’ Rights Assistance
• Portland Rental Services Office (for city-specific occupancy rules and complaints)

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^[1] See Oregon Residential Landlord and Tenant Act (ORS Chapter 90).

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