ORS 90.260 lets an Oregon landlord charge a late fee only if rent is not received by the fourth day of the rental period and the written rental agreement provides for it. The fee must be a reasonable flat amount, a daily charge capped at 6% of that amount, or 5% of periodic rent per five-day delinquency.
ORS 90.260 allows a late charge only when 'the rent payment is not received by the fourth day of the weekly or monthly rental period.' The agreement must specify the obligation, type, and amount in writing. Three structures are permitted: 'a reasonable flat amount, charged once per rental period'; a daily charge that 'may not exceed six percent' of that flat amount, beginning on the fifth day; or 'five percent of the periodic rent payment amount, charged once for each succeeding five-day period.' A landlord may not deduct a prior late charge from rent to make a later payment delinquent, and nonpayment of a late charge alone is not grounds for a nonpayment eviction.
No specific statutory penalty. A late fee that exceeds the ORS 90.260 limits, or that is charged without a written agreement or before the fourth day, is unenforceable, and an unlawful charge cannot be the basis for a nonpayment-of-rent termination.
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