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State laws / Oregon

Oregon Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Oregon law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: Oregon Residential Landlord and Tenant Act (ORS Chapter 90), incl. SB 608 (2019) and SB 611 (2023) rent stabilization (ORS 90.100 et seq.)

Security deposits

Max
No statutory cap in ORS 90.300; a landlord cannot raise the deposit in the first year of tenancy.
Return deadline days
31 days
Itemization required
Yes

Source: ORS 90.300(12)-(13)

Calculate your Oregon deposit return deadline

Late fees

Rule
Only if rent is unpaid by the 4th day of the rental period and the written lease sets the fee; must be a reasonable flat amount (customary in the market), or a per-day amount capped at 6% of the flat fee starting on day 5, or 5% of rent per 5-day period.

Source: ORS 90.260

Check if your Oregon late fee is legal

Landlord entry

Notice
At least 24 hours' actual notice, at reasonable times; no notice for emergencies or for entering at the tenant's written repair request.

Source: ORS 90.322

Ending a month-to-month tenancy

Tenant
30 days written notice.
Landlord
30 days notice (no cause needed) only during the first year; after the first year only for cause, or 90 days notice plus one month's rent payment for a qualifying reason (demolition, repairs, landlord/family occupancy, buyer occupancy); the payment exemption applies to landlords with 4 or fewer units.

Source: ORS 90.427

Rent increases

Rule
No increase in the first year; afterwards 90 days written notice, once per 12 months, and no more than the annual cap: lesser of 10% or 7% plus CPI (West Region). Cap is 9.5% for 2026 and 10% for 2027 (DAS announcement Sept 28, 2026). Buildings with a certificate of occupancy under 15 years old, and some subsidized units, are exempt.
Statewide rent control
Yes; statewide annual rent cap (ORS 90.323, 90.324). Violation: 3 months' rent plus damages.

Source: ORS 90.323, 90.324

Repairs & habitability

Rule
Landlord must keep the dwelling habitable (weatherproofing, plumbing, heat, electricity, locks, smoke and CO alarms, and cooling in buildings permitted after April 1, 2024, among others).

Source: ORS 90.320

Retaliation

Rule
Landlord may not retaliate (terminate, raise rent, cut services, threaten eviction) because a tenant complained to a government agency or the landlord in good faith, joined a tenants' union, testified against the landlord, or asserted legal rights.

Source: ORS 90.385

Clauses often unenforceable in Oregon

  • Late fees outside the ORS 90.260 limits
  • Rent increases above the statewide cap or within the first year (ORS 90.323; 3 months' rent penalty)
  • Charging a new or increased security deposit during the first year (90.300(5))

Notes

Return deadline is 31 days after the tenancy ends and the tenant delivers possession. Landlords with a 90-day no-cause style termination after year one are limited to 90.427 reasons. Deposit interest not required by 90.300 as read; left blank. Text read from a statute mirror (official site unreachable from this server). Local rules (e.g., Portland relocation assistance) are not covered.

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Common lease red flags, explained

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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RedFlagLease is an automated information tool, not a law firm, and does not provide legal advice or create an attorney-client relationship. Laws change and every situation is different — talk to a licensed attorney or local tenant organization before relying on anything here.

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