What Is a Tenant?
This article explains what it means to be a tenant in Oregon and why it matters.
Meaning of tenant
The word tenant means different things depending on the situation.
In rental housing, a tenant is anyone who rents a dwelling, like an apartment, house, room, or space in a manufactured home park, in exchange for money or something else of value.
This type of tenant is also known as a residential tenant. The person who owns or manages the rental is the landlord.
Other kinds of tenants
Outside the rental housing context, the word "tenant" can also describe how people co-own property. For example, you can have joint tenants or tenants in common. These terms describe how property ownership is shared and the rights of each kind of tenant.
The word tenant can also be used in the context of commercial or farm leases. The person who leases property or land is the tenant. The person who owns the land or leases it is often called the lessor.
These types of tenancies are less common. In most situations, when someone uses the word "tenant," they are referring to someone who rents a place to live from a landlord.
Tip: If you’re dealing with another type of tenancy and you have questions, it’s best to talk to a lawyer about your specific situation. Non-residential tenancies get complicated fast.
Can someone become a tenant without a written agreement?
Yes. A person can become someone's tenant through a verbal agreement or even a handshake.
If someone makes a verbal promise to let another person stay in their home, apartment, or other dwelling in exchange for payment, that person is most likely a tenant.
Why does it matter whether someone is a tenant?
Tenants who rent a place to live or who rent a space in a manufactured home park in Oregon are protected by Oregon’s Residential Landlord and Tenant Act.
These laws provide many protections for tenants, even if they don’t have a lease agreement. These laws also override any terms in a rental agreement that conflict with them.
Oregon tenants have these important rights:
- Repair rights: A landlord must keep a rental home safe and livable. If the landlord doesn't make needed repairs after being asked, the tenant may be able to take legal action. Learn more about repair laws.
- Exclusive use of the home: Once someone is a tenant, the landlord generally can't enter the rented space without proper notice. Learn more about when a landlord can enter a rental home.
- Rent increase limits: A landlord can only raise rent by a set amount each year and must provide written notice in advance. Learn more about rent increase laws.
- Eviction protections: A landlord must have a legal reason to ask a tenant to move out and must follow certain steps to evict them lawfully. Learn more about evictions.
- Security deposit protections: When a tenant move out, the landlord must refund the security deposit within 31 days. A landlord also must provide a written statement of any money they deduct from the deposit. Learn more about security deposits here.
- Protection from discrimination: A landlord can't treat a tenant unfairly because of factors such as race, religion, disability, or whether they have children. Learn more about discrimination protections.
You can learn more about the rights of Oregon tenants here.
Where can I find these laws?
Oregon Revised Statutes (ORS) Chapter 90, also known as the Oregon Residential Landlord and Tenant Act, applies to tenants who rent a home, apartment, space in a manufactured home park, or other dwelling from a landlord.
These are the main sections referenced in this article:
- ORS 90.100: Definitions
- ORS 90.110: Exclusions from application of this chapter
- ORS 90.113: Additional exclusion from application of chapter
Where can I get more help?
If you are a tenant, you can use the Guided Help tool on this website to get matched with information and referrals to legal help based on your location and income.
If you're an Oregon landlord, here's where to get help:
- Talk to an Oregon lawyer who specializes in landlord-tenant law for help understanding Oregon’s laws and how they apply to your situation. If you need help finding a lawyer, you can contact Oregon’s Legal Referral Service.
- Join a rental housing association: Many landlords are also part of professional rental housing associations like Rental Housing Alliance, MultiFamily Northwest, or Oregon Rental Housing Association. These associations provide training, forms, and other resources for landlords.
Frequently Asked Questions
Yes. In Oregon, you can become someone's tenant, or someone can become yours, without ever signing an agreement.
Here are some common ways it happens:
- Extra roommates: You let another person move in without your landlord's permission, and they pay you rent. They're now your tenant, even without a signed agreement. (This may also be a violation of your rental agreement, which could lead to your eviction.)
- Temporary roommates: You let someone stay with you, and they pay you money or do work in exchange for living with you. They're your tenant, whether you rent or own your home.
- Sharing housing costs: You let someone stay with you in exchange for paying your utility bills or helping with other shared expenses. This person is likely your tenant.
- Relatives living with you: You let a relative live with you in exchange for some kind of payment or help with bills. They're your tenant, even without a written agreement.
- Long-term motel or hotel guests: You run a hotel, and a guest rents a room for more than 30 days. They may become your tenant.
- Long-term vacation rental guests: You rent out a vacation property, and a guest stays more than 45 days, or doesn't have another primary residence. They may become your tenant.
Tip: If you want to avoid someone becoming your tenant, the best thing to do is let them stay with you for free. Don't ask them to pay bills, help with chores, buy food, or require any other kind of payment as a condition for them to live with you.
They can be.
If you rent out your Oregon property through a site like Airbnb or VRBO, your vacation guests could become your tenants if any of these are true:
- They stay for more than 45 days.
- They use the rental as their primary residence.
- They don't have another primary residence.
If you don't want vacation guests to become tenants, you should:
- Make sure your guests stay no more than 45 days, and
- Screen your vacation guests to make sure they aren’t using your vacation rental as their primary residence.
Caution: If a vacation guest does become your tenant, it’s important to know you can’t just kick them out or change the locks if they overstay. That is illegal. You must go through the eviction process in Oregon, which can take anywhere from 30-180 days.
Usually not.
But a house guest can become your tenant if they promise to provide something of value that benefits everyone in the household in exchange for staying with you. For example, someone can become your tenant if they agree to split utility bills, do yardwork or chores, or provide childcare in exchange for living with you.
The easiest way to avoid creating a landlord-tenant relationship with someone is by letting them live with you for free. "Free" means:
- Don't ask them to pay rent.
- Don't ask them to help with household expenses like groceries or bills.
- Don't ask them to do work in exchange for living with you.
- Don't accept anything of value from them in exchange for staying with you (gifts don’t count).
They could be.
If someone moves in and agrees to pay you rent, even just for a spare room or the couch, you may have created a landlord-tenant relationship without meaning to.
If you’re moving in a roommate, the best thing to do is talk to your landlord and ask them to add them to your rental agreement.
It’s also a good idea to sign a written agreement outlining expectations for rent payments and other rules. That way, if things go poorly, you have options.