Q: The rental agreement our landlord provided has several clauses that are illegal in OR. Do we tell him?
He lives out of state and we paid the deposit electronically and received a receipt indicating it was received and what is was for. We moved in one week prior to his visit in which we would give him a check and sign the lease, with an electronic agreement of the basic rental agreement terms (duration, responsible party for utilities, monthly rent amount.) The lease we’ve been presented with does not state that he or his agents have to give a 24 hour notice to enter, states that the property must be in the same condition as when we move in (3 year lease, no verbiage indicating normal wear and tear is factored in), and that he can enter the home and remove us with a 3 day notice if we violate any of the conditions they have indicated (not caring for yard, etc). He also states that we will pay for repairs of the home and it’s contents at our own expense. We don’t want to lose the house, it’s a great deal. We know the law supersedes the contract but do we need to point these out to him?
A: No one can give you specific advice without reviewing the document itself. That said, the general rule is that it does not matter what the lease says if the provision otherwise violates Oregon's Residential Landlord-Tenant Act, the Act controls over lease provisions. But landlords and tenants are free to contract for most anything that does not specifically violate the Act. Bottom line is you are likely to still be protected from illegal provisions in the lease but may be subject to any provisions that do not directly violate the statutory provisions. If you really are concerned, review it with a local landlord-tenant attorney.
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