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Silverton is a small city of approximately 10,000 residents nestled in Marion County in the Willamette Valley, known for its proximity to Silver Falls State Park and a tight-knit community character. A significant portion of Silverton residents rent their homes, and like all Oregon tenants, they are protected by the Oregon Residential Landlord and Tenant Act (ORLTA), codified at ORS Chapter 90. Understanding these protections is essential whether you are renting a single-family home, an apartment, or a manufactured dwelling.
Oregon enacted landmark statewide tenant protections in 2019, including just-cause eviction requirements and a rent stabilization law — making it one of the more protective states for renters in the western United States. Silverton itself has no additional local tenant ordinances beyond what state law provides, so Oregon statutes are the primary source of your rights and your landlord's obligations.
This page summarizes the most important tenant rights that apply in Silverton, Oregon, including security deposit rules, habitability standards, eviction procedures, and anti-retaliation protections. This information is provided for educational purposes only and is not legal advice. If your situation is complex, consult a qualified attorney or legal aid organization.
Silverton has no local rent control ordinance. However, Oregon enacted statewide rent stabilization under ORS 90.600 (House Bill 2001, 2019), which limits annual rent increases for covered residential units. Under this law, a landlord may not raise rent by more than 7% plus the Consumer Price Index (CPI) for the West region in any 12-month period for units that are subject to the law.
Critically, units built within the past 15 years are fully exempt from the rent increase cap under ORS 90.600(1)(b). This means many newer rental properties in Silverton are not subject to any limit on rent increases. Additionally, the cap does not apply during the first year of a tenancy — landlords may set any initial rent amount.
For covered units, the landlord must provide written notice of a rent increase at least 90 days before it takes effect (ORS 90.600(5)). Landlords who violate the rent stabilization cap may be liable to the tenant for damages including return of any excess rent paid. Tenants should verify whether their specific unit is covered by checking the age of their building and consulting ORS 90.600 directly or speaking with a legal aid provider.
Implied Warranty of Habitability (ORS 90.320): Oregon landlords must maintain rental units in a habitable condition at all times. This includes keeping the structure weathertight, maintaining heating systems capable of sustaining at least 68°F, providing functioning plumbing and hot water, ensuring electrical systems are safe, and keeping common areas clean and safe. If a landlord fails to make necessary repairs after proper written notice, tenants may have the right to repair-and-deduct or to terminate the tenancy under ORS 90.365.
Security Deposit Rules (ORS 90.300): Landlords may collect a security deposit of any amount (Oregon has no statutory cap), but must return it — along with a written itemized accounting of any deductions — within 31 days of the tenant vacating the unit. Wrongful withholding of a deposit can result in the tenant recovering up to twice the wrongfully withheld amount in damages.
Notice Requirements for Termination (ORS 90.427): For month-to-month tenancies, a landlord must provide at least 30 days' written notice to terminate during the first year of occupancy, and at least 60 days' written notice after the first year. After the first year, a landlord must also state a qualifying just-cause reason for termination. Tenants wishing to terminate a month-to-month tenancy must give at least 30 days' written notice under ORS 90.427(2).
Just-Cause Eviction (ORS 90.427): After the first year of a tenancy, Oregon law requires landlords to have a qualifying just-cause reason to terminate a month-to-month or fixed-term tenancy. Qualifying causes include nonpayment of rent, repeated late payment, material lease violations, damage to the property, or certain no-fault reasons such as the landlord intending to demolish or substantially renovate the unit (with 90 days' notice and one month's rent in relocation assistance).
Anti-Retaliation Protections (ORS 90.385): Landlords are prohibited from retaliating against tenants who assert their legal rights, file housing complaints with government agencies, or organize with other tenants. Retaliatory acts include raising rent, reducing services, or threatening eviction within 90 days of a tenant's protected activity. A tenant subjected to retaliation may terminate the tenancy, recover actual damages, and in some cases recover attorney fees under ORS 90.385(2).
Lockout and Utility Shutoff Prohibition (ORS 90.375): Oregon law expressly prohibits landlords from engaging in self-help eviction. A landlord may not remove a tenant's belongings, change locks, or deliberately cut off essential utilities such as heat, water, or electricity as a means of forcing the tenant to leave. Violations entitle the tenant to recover actual damages or two months' rent, whichever is greater, plus reasonable attorney fees.
Under ORS 90.300, Oregon landlords — including those in Silverton — may collect a security deposit prior to or at the start of a tenancy. Oregon law does not cap the dollar amount of a security deposit, so landlords may require any amount they choose, though market norms in small cities like Silverton often range from one to two months' rent.
When you move out, your landlord has 31 days from the date you vacate and deliver possession of the unit to return your deposit. The landlord must simultaneously provide a written itemized accounting showing any deductions taken and the reasons for them. Allowable deductions include unpaid rent, damage beyond normal wear and tear, and certain cleaning costs if the unit was not left in the condition required by the lease.
If the landlord fails to return the deposit and itemization within 31 days without a legally valid reason, or wrongfully withholds any portion of the deposit, you may be entitled to recover up to twice the amount wrongfully withheld, plus the actual deposit amount, under ORS 90.300(16). You should send a written demand letter before pursuing legal action and keep copies of your move-in and move-out documentation — such as photos and written condition reports — to support your claim.
Landlords are also required under ORS 90.302 to credit any prepaid rent (sometimes called a last month's rent deposit) toward the last month of the tenancy. Prepaid rent and security deposits must be clearly identified in the rental agreement.
In Silverton and throughout Oregon, eviction — called a Forcible Entry and Detainer (FED) action — is governed by ORS Chapter 105 and the procedural requirements of ORS Chapter 90. Landlords must follow every step of the legal process; self-help evictions (changing locks, removing belongings, or shutting off utilities) are illegal under ORS 90.375.
Step 1 — Written Notice: Before filing for eviction, a landlord must give the tenant written notice. The type and length of notice depends on the reason for termination:
Step 2 — Court Filing: If the tenant does not comply with the notice (by paying, curing the violation, or vacating), the landlord may file an FED complaint in Marion County Circuit Court. The tenant is served with a summons and complaint.
Step 3 — Hearing: An initial hearing is typically scheduled within a few days to two weeks of filing. Tenants have the right to appear, present defenses, and contest the eviction. Common defenses include improper notice, retaliation, or habitability failures by the landlord.
Step 4 — Judgment and Writ: If the court rules in the landlord's favor, a judgment for possession is entered. The landlord may then obtain a Writ of Execution, which authorizes the Marion County Sheriff to physically remove the tenant if they have not vacated voluntarily. Tenants removed by a sheriff have a short window to retrieve their belongings under ORS 90.425.
Self-Help Eviction Is Illegal: Any landlord who attempts to remove a tenant without going through the court process — including by changing locks, removing doors, or shutting off utilities — violates ORS 90.375 and may be liable for actual damages or two months' rent, whichever is greater, plus attorney fees.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws — including Oregon statutes and any local ordinances — may change, and the accuracy of this information is not guaranteed beyond the last updated date shown above. Every rental situation is unique, and the application of the law to your specific circumstances may differ. If you are facing eviction, a security deposit dispute, or any other landlord-tenant issue in Silverton, Oregon, you should consult a qualified attorney or contact a legal aid organization in Marion County for advice tailored to your situation. RentCheckMe is not a law firm and does not provide legal representation.
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