ORS § 90 § 90.262
Use and occupancy rules and regulations; adoption; enforceability; restrictions.
Operative Text
(1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if: (a) Its purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (b) It is reasonably related to the purpose for which it is adopted; (c) It applies to all tenants in the premises in a fair manner; (d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply; (e) It is not for the purpose of evading the obligations of the landlord; and (f) The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted. (2) If a rule or regulation adopted after the tenant enters into the rental agreement works a substantial modification of the bargain, it is not valid unless the tenant consents to it in writing. (3) If adopted, an occupancy guideline for a dwelling unit shall not be more restrictive than two people per bedroom and shall be reasonable. Reasonableness shall be determined on a case-by-case basis. Factors to be considered in determining reasonableness include, but are not limited to: (a) The size of the bedrooms; (b) The overall size of the dwelling unit; and (c) Any discriminatory impact on those identified in ORS 659A.421. (4) As used in this section: (a) “Bedroom” means a habitable room that: (A) Is intended to be used primarily for sleeping purposes; (B) Contains at least 70 square feet; and (C) Is configured so as to take the need for a fire exit into account. (b) “Habitable room” means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not included.
ORS § 90.262 sets out the conditions under which a landlord's rules and regulations about how tenants use and occupy a rental property are legally enforceable. To be valid, a rule must serve a legitimate purpose—such as tenant safety or fair distribution of shared services—be clearly written, apply fairly to all tenants, and be communicated to the tenant in writing. A rule adopted after a tenancy begins that substantially changes the terms of the rental agreement requires the tenant's written consent to take effect. Additionally, occupancy guidelines cannot be more restrictive than two people per bedroom, and what counts as a 'bedroom' is specifically defined by size and safety criteria.
Plain English — not legal advice.
Under ORS § 90.262, property owners and managers who adopt use and occupancy rules should ensure each rule has a documented legitimate purpose, is written in clear and specific language, and is applied consistently across all tenants. Written notice of any rule must be provided at lease signing or, for rules adopted later, before enforcement—and any post-move-in rule that materially changes the rental arrangement requires the tenant's written agreement. Operators setting occupancy limits should be aware that the statute defines 'bedroom' by minimum square footage and fire-exit configuration, and that occupancy guidelines must be evaluated for reasonableness on a case-by-case basis, including any potential discriminatory impact under ORS 659A.421.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.262 gives tenants a framework for evaluating whether a landlord's rules are actually enforceable against them—a rule that lacks a legitimate purpose, is applied unevenly, is vague, or was never provided in writing may not be legally binding. If a landlord attempts to enforce a new rule adopted after move-in that substantially changes the original rental agreement, that rule is not valid without the tenant's written consent. Tenants who believe a rule—particularly an occupancy limit—is being applied in a discriminatory or unreasonable way may consider consulting a tenant-rights organization or reviewing the anti-discrimination protections referenced in ORS 659A.421 to understand available options.
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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