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What A Lease Cannot Say

ORS 90.245 — four clauses that cannot be enforced, and up to three months' rent for using them

  • Waiving the tenant's rights or remedies under the landlord and tenant chapter
  • Authorizing a confession of judgment
  • Excusing the other party's willful misconduct or negligence, or making the tenant cover its cost
  • Liquidated damages, except as the deposit section allows
  • ORS 90.245
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Unenforceable, and costly to try. Such a clause is unenforceable. A landlord who deliberately uses a lease with clauses known to be prohibited and tries to enforce them owes the tenant actual damages plus up to three months' periodic rent.

  • ORS 90.245
Sources for this section (1)
  1. ORS 90.245 — Prohibited provisions in rental agreements

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.

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