Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding tenants and landlords is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

As a tenant, you are entitled to exclusive possession to your rental unit. This means you have the right to privacy. Oregon law also says, however, that landlords have a strict duty to rent only units that are in safe, decent condition, or "habitable." Landlords must make repairs when a rental unit becomes inhabitable or otherwise needs repairs. That means your landlord can enter your home to inspect it and make repairs. Landlords also have the right to sell the rental property or rent the property to others, which means landlords can bring other people to inspect the property.

There are rules about when and how landlords can enter your unit that protect your rights to privacy.

First, landlords always have the right to come onto the rented property--but not into the unit itself--to give notices permitted by law or the rental agreement.

Another general rule is that your landlord must give 24 hours' advance notice before entering your home.

There are some exceptions to the 24-hour rule. One exception is in an emergency, such as a fire or burst water pipe, or other problems that may cause serious damage if not dealt with immediately. If your landlord makes an emergency entry when you aren't home, he or she must tell you within 24 hours what the emergency was, when it happened and the names of people who entered.

Another exception to the 24-hour rule is when you ask in writing for specific repairs. Unless your notice lists specific times when your landlord and his or her workers can enter, the landlord has a seven-day period to make the repairs without giving you any advance notice. After seven days, your landlord must give 24 hours' advance notice before coming into your home to make the repair. If a repair person is someone other than the landlord, you can ask to see written authorization from your landlord for that person to come into your unit.

Another exception to the 24-hour rule is if you and your landlord agree that less notice or no notice is required before a particular entry. This agreement can only cover that particular situation; it does not mean your landlord can enter with less than 24 hour notice in other situations.

If you have an agreement in writing that the landlord is required to do yard work, and you and your landlord also agree that someone can enter the yard to do yard work without entering your unit, your landlord doesn't need to give 24-hours' notice.

Another exception to the 24-hour rule is when your landlord believes you moved away permanently. For information about abandoned property, read When Tenants Leave Belongings Behind.

A final exception is when your rental unit is for sale. Your landlord may want frequent access to the unit to show it to prospective buyers. If the unit is on the market, you may agree to allow access to the landlord without requiring 24 hours notice. You must sign a written agreement that is separate from the rental agreement. You should be compensated in some way for the inconvenience.

Your landlord and repair people must enter your unit at a reasonable time. You should discuss these times with your landlord. Your landlord cannot use the right of entry to harass you or to retaliate against you. For more information about illegal retaliation, read Residential Eviction Defenses. Your landlord also can't use the right of entry to inspect your belongings.

If you do not let your landlord enter your home after he or she has given proper notice, the landlord can get a court order to allow reasonable access or end the rental agreement. The landlord can also sue you for losses caused by your failure to cooperate.

If your landlord enters without notice or permission or behaves unreasonably while in your home, you can ask for court protection. You can also be protected from your landlord if he or she harasses you by repeatedly demanding to enter. In these situations, you can get a court order restraining your landlord from these illegal acts, and awarding you up to one month's rent, or you can end the rental agreement.

If you think your landlord has entered unlawfully, you should call a lawyer or a legal aid office for advice.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.