Oregon Statewide Rule
Oregon Security Deposit Law (ORS 90.300)
Key Facts
- Deposit cap
- No statutory maximum
- Return deadline
- 31 days after the tenancy ends and possession is returned
- Itemized statement
- Required; written accounting stating the basis for each deduction
- Statute
- Or. Rev. Stat. § 90.300
- Penalty
- Twice the amount wrongfully withheld
Summary
Oregon sets no dollar cap on residential security deposits, but it tightly controls how they are returned. After the tenancy ends and the tenant gives up possession, the landlord has 31 days to refund the deposit with a written, itemized accounting of any deductions. Wrongful withholding exposes the landlord to twice the amount kept.
Security deposits; prepaid rent. (1) As used in this section, “security deposit” includes any last month’s rent deposit. (2)(a) Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. The landlord shall hold a security deposit or prepaid rent for the tenant who is a party to the rental agreement. A tenant’s claim to the security deposit or prepaid rent is prior to the claim of a creditor of the landlord, including a trustee in bankruptcy.
Full Breakdown
Under Or. Rev. Stat. § 90.300, a landlord may require a security deposit but the statute imposes no maximum amount. When the tenancy terminates and the tenant delivers possession, the landlord must "return to the tenant the security deposit" and give "a written accounting that states specifically the basis or bases of the claim" no later than 31 days after termination. A landlord may apply the deposit only to the tenant's defaults under the rental agreement, including unpaid rent, and to repairing damage "caused by the tenant, not including ordinary wear and tear." Carpet cleaning and certain cleaning costs are allowed only under the conditions the statute spells out. Normal wear and tear may never be deducted.
Violations & Penalties
If a landlord fails to provide the accounting and refund within 31 days, or withholds part of the deposit in bad faith, Or. Rev. Stat. § 90.300(16) lets the tenant "recover the money due in an amount equal to twice the amount" wrongfully withheld, in addition to any deposit improperly kept.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Oregon?
How long does a landlord have to return a security deposit in Oregon?
What can a landlord deduct from a security deposit in Oregon?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.