Oregon Subletting Laws: Key Rules for Renters

If you’re renting in Oregon and considering subletting your unit, you may be wondering about your legal rights—and your responsibilities under state law. Understanding Oregon’s subletting laws is a smart way to avoid problems with your landlord and ensure a smooth experience for everyone involved. Below, we break down what you need to know about tenant rights to sublet, landlord permissions, official forms, and where to turn for help.

What Is Subletting? What Counts as a Sublease in Oregon?

Subletting (or subleasing) is when a renter temporarily rents out their rental unit or a room within it to another person, known as a subtenant, while remaining responsible for the lease. This can apply to an entire rental home, apartment, or just a single bedroom. If you sublet, your original lease with your landlord remains in effect: you are still liable for rent, damages, and following the rules.

Can Oregon Renters Legally Sublet Their Place?

Oregon law does not automatically grant tenants the right to sublet. Your ability to sublease depends on these factors:

• Terms of your rental agreement: Most Oregon leases include a clause addressing subletting. Some leases prohibit it, some allow it with landlord consent, and some are silent on the topic.
• Written consent from your landlord: If your lease requires landlord approval for a sublet, you must obtain it in writing before moving forward.
• No-lease/Month-to-Month rentals: If you are renting month-to-month and your agreement does not address sublets, you generally still need landlord permission.

The main legislation governing rental housing in Oregon is the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).^[1] However, the Act does not require landlords to allow subletting unless it’s permitted in your lease.

How to Request Permission to Sublet in Oregon

If your lease is silent or allows subleasing with consent, take these steps:

• Check your written lease for any rules about subletting.
• Send a written request to your landlord with details about the proposed subtenant and your plans (dates, contact info, etc.). This serves as a record.
• Wait for your landlord’s response. Some landlords may require an application from the subtenant or run a background check similar to the original rental process.
• If your landlord gives written consent, keep a copy for your records. Never sublet without written approval if your lease requires it.

If your landlord denies your request and your lease allows the landlord to make that decision, you must abide by it. Subletting without proper authorization could result in eviction for breaching your lease.

Recommended Official Form: Lease Assignment or Sublease Request

• Form Name: There is no state-mandated "Oregon Sublease Request Form." However, you should submit a Written Sublease Request Letter to your landlord.
• When and How to Use: Use this written request before allowing a subtenant to move in. Include names, proposed subtenant contact info, sublet dates, and any other required information. For documentation templates, see the guidance from Oregon Housing and Community Services under "Renters".
• Example: "I, Jane Doe, am requesting permission to sublet my rental unit at 123 Main St. to John Smith from July 1 to September 1. Please let me know if you require additional information or wish to meet the proposed subtenant."

What Happens If You Sublet Without Permission?

Subletting without landlord consent (when required) is considered a violation of your rental agreement. Under the Oregon Residential Landlord and Tenant Act, your landlord can issue a written notice to cure the violation. This may lead to eviction proceedings if you do not resolve the situation.

Which Tribunal Handles Rental Disputes in Oregon?

Rental disputes, including those related to unauthorized subletting and evictions, are handled by the Oregon Judicial Department – Small Claims & Landlord-Tenant Court.

To resolve a conflict, renters may file a case in their county circuit court. Filing instructions and forms are available through the Oregon Courts Landlord-Tenant Resources page.^[2]

Summary: Oregon Subletting Rules

• You cannot sublet unless your lease allows it or your landlord gives permission in writing.
• You must follow all procedures outlined in your lease and state law.
• Your landlord can refuse a sublet request for any reason, unless the lease says otherwise.

1. Can I sublet if my lease does not mention subletting? Most Oregon tenants still need their landlord’s written approval, especially if the lease is silent or ambiguous on subletting. Always check with your landlord before proceeding.
2. What is the difference between subletting and assigning a lease? Subletting means you remain responsible for the lease while the new occupant is a subtenant. Assigning a lease means someone else takes over the entire lease, and your responsibility may end.
3. What if my landlord refuses my sublet request? If your lease allows your landlord to refuse, you must respect their decision. You cannot sublet without permission unless the lease specifically allows it.
4. Are there any official sublease request forms in Oregon? There is no standard state form, but a written letter is strongly recommended. Oregon Housing and Community Services provides resources for tenants who need documentation for rental matters.
5. Where can I get help if I have a subletting dispute? You can contact the Oregon Judicial Department or seek assistance through state housing resources. Local legal aid offices may also be able to help you with rental law questions.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Renters
• Oregon State Courts – Landlord & Tenant Resources
• Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
• Oregon Law Help – Tenant Advocacy

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1. Oregon Residential Landlord and Tenant Act – ORS Chapter 90
2. Oregon Judicial Department – Landlord-Tenant

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