ORS § 90 § 90.245
Prohibited provisions in rental agreements; remedy.
Operative Text
(1) A rental agreement may not provide that the tenant: (a) Agrees to waive or forgo rights or remedies under this chapter; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or (d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (2)(e). (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent.
ORS § 90.245 identifies four categories of rental agreement clauses that Oregon law treats as void: clauses where a tenant waives statutory rights or remedies, clauses authorizing someone to confess judgment on the tenant's behalf, clauses limiting or eliminating liability for a party's own willful misconduct or negligence, and clauses requiring a tenant to pay liquidated damages (with a narrow exception under ORS 90.302(2)(e)). Any such clause included in a lease has no legal effect, regardless of whether the tenant signed the agreement. If a landlord knowingly includes and then tries to enforce one of these prohibited clauses, the tenant may be entitled to actual damages plus up to three months' rent.
Plain English — not legal advice.
Under ORS § 90.245, Oregon landlords are expected to review their lease templates carefully to ensure none of the four prohibited clause types appear — including any language that could be read as a waiver of tenant statutory rights, a confession-of-judgment authorization, an exculpation of landlord negligence or willful misconduct, or an unauthorized liquidated-damages provision. Compliant operators typically have their lease forms reviewed periodically against current Oregon landlord-tenant law, since the statute imposes heightened consequences — up to three months' periodic rent on top of actual damages — when a landlord is found to have deliberately used and attempted to enforce a known prohibited provision. Staying current with ORS Chapter 90 amendments helps avoid inadvertently carrying over disallowed language from older form agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.245 gives Oregon tenants a meaningful protection: any lease clause falling into the four prohibited categories is unenforceable as a matter of law, meaning a landlord generally cannot rely on such a clause even if the tenant signed the lease. If a landlord knowingly included a prohibited clause and then attempted to enforce it, the statute provides a remedy of actual damages plus up to three months' periodic rent. Tenants who believe a landlord is attempting to enforce a prohibited lease provision may consider consulting a tenant-rights organization, a legal aid office, or a private attorney familiar with ORS Chapter 90 to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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