Oregon Revised Statutes Chapter 90 § 90.245 — Prohibited provisions in rental agreements; remedy

Prohibited provisions in rental agreements; remedy. (1) A rental agreement may not provide that the tenant: (a) Agrees to waive or forgo rights or remedies under this chapter; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or (d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (2)(e). (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745; 2009 c.431 §11]