Free Oregon Commercial Lease Agreement Template

An Oregon commercial lease agreement rents non-residential property — a storefront, an office, a warehouse, a workshop — to a tenant who will run a business there. Oregon splits its law by chapter: ORS Chapter 90 is the Residential Landlord and Tenant Act, and ORS Chapter 91 carries the general tenancy provisions.

Chapter 91 is where a business tenancy sits, and it contains one of the most severe rent provisions in the country.

Two provisions matter most, and the first can end the tenancy without anyone doing anything.

Ten Days, and the Tenancy Ends Itself

ORS 91.090 provides that the failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days after it becomes due and payable operates to terminate the tenancy — unless a different period is stipulated in the lease.

The next sentence is the one to sit with. No notice to quit or to pay the rent is required to render the holding of such a tenant thereafter wrongful. The tenancy is simply over.

There is a route back. If the landlord accepts payment of the rent after the default, the lease is reinstated for the full period fixed by its terms, subject to termination by subsequent defaults.

Ending a Month-to-Month Tenancy

ORS 91.070 provides that, except as otherwise provided by statute or agreement, a month-to-month tenancy may only be terminated by either the landlord or the tenant giving the other, at any time during the tenancy, not less than 30 days’ written notice before the date designated in the notice for termination. The tenancy then ends on that date, without regard to the expiration of the period for which rents are to be paid.

Yes, and it is the single most valuable clause to negotiate. ORS 91.090 applies its ten-day period unless a different period is stipulated in the lease, so an Oregon commercial lease agreement can set a longer window — or a shorter one.

Without such a clause, a business tenant whose payment clears on day eleven has already lost the tenancy, with no notice served and no cure step required. Reinstatement then depends on the landlord choosing to accept the money.

ORS 91.070’s thirty-day rule is similarly open. It applies except as otherwise provided by statute or agreement, so a negotiated notice period displaces it.

1. Fix the rent, the review basis, the term, and where outgoings and repair duties land.
2. Stipulate a rent period different from ten days if that default does not suit the business.
3. Agree a notice period for a month-to-month arrangement if thirty days is not what you want.
4. Set out what happens on a late payment, including whether acceptance reinstates the lease.
5. Execute the lease and make sure whoever pays the rent knows the stipulated period.

Chapter 91 supplies defaults that an Oregon commercial lease agreement can displace, so cover:

• Legal names of landlord and tenant, and the entity behind each signature.
• A description of the leased area, including any shared loading or parking rights.
• Rent, the due date, and the stipulated period before a default terminates the tenancy.
• The term, renewal rights, and holdover terms.
• Any notice period agreed instead of the statutory thirty days.
• How rates, insurance, utilities, and repair categories are divided between the parties.
• The use allowed, the conditions on transferring the lease, and the notice address.