Tenant Companion Pets: Understanding Oregon's Laws

In Oregon, tenants with disabilities have the right to bring assistance animals into rental properties, even if the landlord enforces a no-pets policy. This is supported by Oregon's disability discrimination law, the federal Fair Housing Act (FHA), and the Americans with Disabilities Act (ADA). Landlords cannot charge extra fees for assistance animals, although tenants are still responsible for any damage caused by their animals. Landlords can deny access to assistance animals if they are disruptive, noisy, or cause damage.

Landlord rights and responsibilities

In Oregon, landlords have specific rights and responsibilities that they need to uphold. These include managing security deposits, enforcing pet policies, and making accommodations for tenants with disabilities.

Landlords in Oregon have the right to require security deposits when renting out a property. These deposits cover any potential damage beyond normal wear and tear. Security deposit laws in the state require landlords to return deposits within 31 days after the lease ends. Detailed records of any deductions must be provided, along with receipts or estimates for repairs. Setting a clear security deposit policy from the start helps avoid disputes. It is best to conduct a walkthrough with tenants at move-in and move-out to document property conditions.

Landlords can set rules about pets in rental properties, which may include breed restrictions or entirely prohibiting pets. However, federal laws require accommodations for service and emotional support animals, which are not considered pets and cannot be restricted based on breed. Landlords must allow these animals if the tenant provides written verification from a medical professional. The fair housing rules provide great leeway regarding who can prescribe a companion pet. The person does not have to be a doctor. They simply need to be "qualified to treat the disability", and the animal must be useful in its treatment, typically by providing emotional support.

Tenants must adhere to any written rules set by the landlord regarding the number, type, and size of pets. These rules ensure that pets do not negatively impact living conditions. Pet owners need to manage sanitation by cleaning up after their pets and preventing odours. Regular maintenance and proper waste disposal help preserve the property's condition. It is essential to ensure that pet actions do not violate noise policies, such as barking or meowing, which might disturb neighbours.

Landlords are obligated to maintain rental properties in a livable condition, make necessary repairs in a timely manner, and follow proper legal procedures for entry, rent increases, and terminations. Landlords must provide tenants with at least 24 hours' written notice before entering to make repairs, inspect the premises, or show the unit to prospective tenants.

Tenant rights

In Oregon, tenants have certain rights that ensure their fair treatment. These include the right to a habitable living space, privacy, and freedom from discrimination and retaliation. Landlords are required to maintain rental properties in a livable condition, make necessary repairs in a timely manner, and follow proper legal procedures for entry, rent increases, and terminations.

Tenants with disabilities have specific rights related to assistance animals. These animals are not considered pets but are seen as tools to help individuals with disabilities. Assistance animals might need reasonable accommodation from housing providers even if a "no-pets" policy exists. Landlords must allow these animals if the tenant provides written verification from a medical professional. Fair housing rules require that assistance animals help with tasks related to a physical or mental disability. This can include tasks such as guiding sight-impaired individuals or alerting deaf individuals to sounds.

Service animals are trained to perform specific tasks related to a person's disability, while emotional support animals provide therapeutic companionship. Emotional support animals do not have as many rights as service animals, as they do not have any formal training. However, housing in Oregon with an emotional support animal is protected under the Fair Housing Act, and landlords cannot deny access to them or charge extra for their presence.

In terms of security deposits, Oregon landlords have the right to require them when renting out a property. The maximum security deposit a landlord can require is the equivalent of one and a half months' rent for tenants without pets, and two months' rent for tenants with pets. Landlords must return deposits within 31 days after the lease ends, providing detailed records of any deductions and receipts or estimates for repairs. Certain fees charged by landlords are banned under Oregon law, including fees for giving tenants notice, excessive late fees, and application fees above the actual costs of screening.

Assistance animals

In Oregon, landlords have specific rights and responsibilities, including managing security deposits, enforcing pet policies, and accommodating tenants with disabilities. While landlords in Oregon have the right to require security deposits when renting out a property, they cannot charge pet-specific fees, such as a one-time or monthly pet fee. However, they can charge for damages caused by pets, and they may require pet liability insurance to provide additional coverage for damages exceeding the pet deposit.

When it comes to assistance animals, landlords must make reasonable accommodations for tenants, even if there is a ""no pets" policy in place. Assistance animals are considered a "reasonable accommodation" for individuals with disabilities. Under the Fair Housing Act (FHA), landlords cannot discriminate based on disability and must allow service animals and emotional support animals in most housing accommodations. This includes university campus housing. To request an assistance animal, tenants must provide reliable documentation of their disability and the relationship between their disability and the need for an assistance animal. This documentation can be provided by a doctor or another qualified medical professional. However, if the tenant's disability and need for an assistance animal are readily apparent or already known to the landlord, additional documentation may not be required.

Service animals are trained to perform specific tasks, such as guiding individuals with visual impairments or alerting individuals with hearing impairments to important sounds. On the other hand, assistance animals provide emotional support to individuals with psychiatric or emotional disabilities. While emotional support animals do not have the same rights as service animals, they are still protected under the FHA, and landlords cannot deny access or charge extra fees for them.

It is important to note that landlords can deny access to assistance animals if they cause damage, are disruptive, or pose a direct threat to the health and safety of others. Additionally, the FHA exempts owner-occupied buildings with no more than four units from having to allow emotional support animals. Tenants should also be aware that they may be required to pay an additional pet security deposit if the landlord deems it necessary.

Service animals

In Oregon, landlords have specific rights and responsibilities, including managing security deposits, enforcing pet policies, and accommodating tenants with disabilities. While landlords in Oregon have the right to require security deposits, they cannot charge pet-specific fees, such as a one-time or monthly pet fee. However, they can charge for damages caused by pets.

When it comes to service animals, Oregon laws offer protection for tenants with these support companions. Service animals are defined as animals trained to perform specific tasks to assist individuals with disabilities. According to Oregon's disability discrimination law and the federal Americans with Disabilities Act (ADA), individuals with disabilities have the right to bring service animals to all "public accommodations". This includes businesses like motels and restaurants, as well as schools and government buildings.

Under the ADA, service animals must be allowed into public accommodations without any additional fees or costs. However, there are exceptions. For example, a service animal can be excluded if it poses a direct threat to the health and safety of others or if it causes excessive damage to the property. In such cases, the tenant may be held responsible for the damage and may be subject to eviction if they fail to address the issue.

In Oregon, service animals are protected by law, and landlords cannot deny access or charge extra fees for tenants with service animals. This is because "disability" is a protected class under federal fair housing laws, and reasonable accommodations should be made. Landlords are required to provide equal and fair access to housing for individuals with disabilities, and service animals are considered a reasonable accommodation.

It is important to note that emotional support animals (ESAs) are not classified the same as service animals in Oregon. ESAs do not have the same rights as service animals, as they do not have any formal training. However, they are still protected under the Fair Housing Act, and landlords cannot deny access or charge extra fees for tenants with ESAs.

Emotional support animals

In Oregon, landlords have specific rights and responsibilities, including managing security deposits, enforcing pet policies, and accommodating tenants with disabilities. While landlords in Oregon have the right to require security deposits when renting out a property, they cannot charge pet-specific fees, such as a one-time or monthly pet fee. However, they can charge for damages caused by pets, and they may require pet liability insurance to cover any damage exceeding the pet deposit.

When it comes to emotional support animals (ESAs), Oregon law provides protection for tenants. The Fair Housing Act (FHA) prohibits discrimination based on disability and protects the rights of individuals with disabilities to have emotional support animals in most housing accommodations. This means that landlords cannot deny access to ESAs or charge extra fees for them. However, they can deny access if the ESA is disruptive, noisy, or causes damage.

To qualify for an emotional support animal in Oregon, tenants must have a disability, and the ESA must be necessary for the treatment of that disability, typically by providing emotional support. The tenant must provide reliable documentation of their disability and the relationship between their disability and the need for an ESA. This documentation can be provided by a doctor or another qualified medical professional. However, if the tenant's disability and need for an ESA are readily apparent or already known to the landlord, additional documentation may not be required.

It is important to note that emotional support animals are not classified the same as service animals under Oregon law. Service animals have received formal training to perform specific tasks related to an individual's disability, while ESAs do not have the same level of training. Service animals are protected by the Americans with Disabilities Act (ADA) and are allowed in all public accommodations, including businesses like motels and restaurants, as well as schools and government buildings.

Frequently asked questions