OR
Oregon Landlord-Tenant Laws
Security Deposit Amount Limits
ORS § 90.300
💰 Limits
- Maximum: No statutory limit — Oregon does not cap the amount of a security deposit
- First Year Restriction: Landlord may not change the rental agreement to require a new or increased deposit during the first year of tenancy (except for pet deposits by agreement)
- After First Year: After first year, landlord may increase deposit but must give tenant at least 3 months to pay
- Pet Deposit: Allowed, but not for service animals or disability-related companion animals
- Prepaid Rent: Last month's rent may be collected — must be applied only to last month of tenancy
✅ Key Requirements
View Full Statute →
- No statutory limit on security deposit amount
- Must provide written receipt for any deposit paid
- Cannot increase deposit during first year of tenancy (limited exceptions)
- After first year: tenant gets 3 months to pay any increased deposit
- No pet deposit for service animals or disability-related companion animals
- +2 more requirements
Security Deposit Return Timeline
ORS § 90.300(12)–(16)
⏰ Timeline
- 31 days after tenancy terminates and tenant delivers possession
- Personal delivery, first-class mail, or email if agreed in writing
✅ Key Requirements
View Full Statute →
- 31 days to return deposit or provide written itemized accounting
- Written accounting must specify each deduction and amount
- Must send by personal delivery, first-class mail, or agreed email
- If landlord fails to comply within 31 days, tenant can recover double the deposit
- Holder of landlord's interest at termination is responsible for deposit
- +1 more requirements
Permitted Deductions from Security Deposit
ORS § 90.300(7)–(8)
✅ Key Requirements
View Full Statute →
- Deductions must be for purposes specified in the rental agreement
- Carpet cleaning deductible only if lease specifically requires it
- Cannot deduct for normal wear and tear
- Written itemized accounting required for all deductions
- Landlord must provide documentation if challenged
- +1 more requirements
Tenant Remedies for Deposit Violations
ORS § 90.300(16)
✅ Key Requirements
View Full Statute →
- Double damages available if landlord fails to return deposit or provide accounting within 31 days
- Prevailing party in deposit dispute may recover attorney's fees (ORS § 90.255)
- Either party may recover other damages available under the chapter
- Small claims court available for disputes under $10,000
Eviction for Non-Payment of Rent
ORS §§ 90.394, 90.395, 90.260
✅ Key Requirements
View Full Statute →
- 4-day grace period before late fees can be charged
- 10-day notice to pay or vacate required before filing eviction
- Must deliver rental assistance notice before or with termination notice (ORS § 90.395)
- Tenant can cure by paying all owed rent and late charges during notice period
- Tenant can also cure after eviction complaint is filed
- +1 more requirements
Eviction for Lease Violations
ORS §§ 90.392, 90.396
✅ Key Requirements
View Full Statute →
- 30-day notice with 14 days to cure for standard lease violations
- If same violation repeats within 6 months — 10-day notice, no cure
- 24-hour notice for extreme acts (violence, drugs, outrageous behavior)
- 48-hour notice for drug/alcohol violations in drug-free housing
- Notice must specify the acts constituting the violation
- +1 more requirements
No-Cause Termination of Tenancy
ORS § 90.427
✅ Key Requirements
View Full Statute →
- 90 days' notice for no-cause termination of month-to-month tenancies of 1+ year
- 30 days for tenancies under 1 year
- Relocation assistance of 1 month's rent required for qualifying terminations (1+ year tenancy)
- Fixed-term leases: 30 days before end of term
- Portland has additional local requirements including mandatory relocation costs
- +1 more requirements
Illegal Eviction (Self-Help Prohibited)
ORS § 90.375
✅ Key Requirements
View Full Statute →
- All evictions must go through FED (court) process
- Cannot deny tenant access, change locks, or interrupt utilities
- Penalty: up to 2 months' rent or twice actual damages, whichever is greater
- Injunctive relief available — court can order restoration of access/services
- Attorney's fees awarded to prevailing party
Landlord Maintenance Obligations (Habitability)
ORS § 90.320
✅ Key Requirements
View Full Statute →
- Statutory duty to maintain habitable conditions — applies at all times
- Cannot collect rent without obligation to maintain (ORS § 90.250)
- Must comply with all building and housing codes
- Must provide working smoke detectors and CO alarms
- Written notice from tenant triggers repair obligation
Tenant Remedies When Repairs Not Made
ORS §§ 90.360, 90.365, 90.368
✅ Key Requirements
View Full Statute →
- Written notice to landlord required before using any remedy
- Repair and deduct: up to $300 or one month's rent after 7 days' notice (ORS § 90.368)
- Repair and deduct limited to once per 12 months
- Essential services failure: may procure substitutes and deduct from rent (ORS § 90.365)
- May terminate lease if landlord fails to cure after notice
- +2 more requirements
Tenant Obligations
ORS § 90.325
✅ Key Requirements
View Full Statute →
- Tenant must use the dwelling unit only for its intended purpose
- Tenant must keep the unit safe, clean, and sanitary
- Tenant must dispose of garbage and waste in a clean and safe manner
- Tenant must use all facilities and appliances in a reasonable manner
- Tenant must not deliberately or negligently destroy or damage the premises
- +4 more requirements
Retaliation Protections
ORS § 90.385
✅ Key Requirements
View Full Statute →
- 6-month presumption of retaliation after protected activity
- Landlord bears burden of proving legitimate, non-retaliatory reason
- Tenant may use retaliation as a defense to eviction
- Tenant may recover damages and attorney's fees if retaliation proven
- Applies to rent increases, service decreases, and eviction threats
Late Fees and Grace Periods
ORS § 90.260
✅ Key Requirements
View Full Statute →
- 4-day grace period — no late fees until 5th day after due date
- Three types of late fees available — must choose one and specify in lease
- Flat fee must be 'reasonable' for the area's rental market
- Daily fee capped at 6% of the flat fee amount
- 5-day period fee: 5% of monthly rent per 5-day period
- +2 more requirements
Statewide Rent Control
ORS §§ 90.323, 90.324, 90.600
✅ Key Requirements
View Full Statute →
- Oregon is the first state with statewide rent control (SB 608, 2019)
- Maximum annual increase: 7% + CPI or 10%, whichever is lower
- Only one increase per 12-month period
- 90 days' written notice required for rent increases
- Exempt: new construction under 15 years old, first rent for new tenant
- +2 more requirements
Landlord Right of Entry
ORS § 90.322
✅ Key Requirements
View Full Statute →
- 24 hours' actual notice required for non-emergency entry
- Emergencies: no notice required
- Must enter at reasonable times only
- Cannot use access to harass the tenant
- Unlawful entry: tenant may recover damages and injunctive relief
Lease Requirements and Required Disclosures
ORS §§ 90.220, 90.228, 90.295, 90.305, 90.310, 90.315, 90.317, 90.318
✅ Key Requirements
View Full Statute →
- Written rental agreement recommended but oral agreements enforceable
- Must disclose landlord's legal name and address for notices
- Smoking policy disclosure required in all residential leases
- CO alarm and smoke alarm testing instructions required
- Flood zone and lead paint disclosures required where applicable
- +2 more requirements
Domestic Violence Tenant Protections
ORS §§ 90.449, 90.453
✅ Key Requirements
View Full Statute →
- 14 days' written notice to terminate lease early
- Must include verification (protective order or victim statement)
- Tenant liable only for rent through termination date
- Landlord cannot charge early termination fees
- Cannot discriminate against DV/SA/stalking victims in screening or tenancy
- +1 more requirements